Permission to appeal a CCJ not granted

[Mqm]

Hi All

A previous contractor I worked for has been granted a CCJ against me. I filed my defence etc for the first hearing and a second hearing was set so that I could bring evidence which was on my laptop and my uncle who was a witness and was involved in the issue. During the second hearing the judge did not allow me to use the evidence or allow my uncle to give evidence and wrongly granted the CCJ against me.

I filed for an appeal straight away back in December of 2014 and I've now been notified by the claimant that my request to appeal was denied (I'm still waiting for the paperwork). He is now asking for all the money and threatening action through baillifs.

Is there anything I can do?

The claimant has no evidence whatsoever to prove what he was accusing me of and has totally lied to get this CCJ. The judge basically just took his word for everything.

Any help and advice will be greatly appreciated.

Thanks

[stevemLS]

Re: Permission to appeal a CCJ not granted

When you say you filed for an appeal, what exactly did you do?

You are supposed to seek permission from the judge at the hearing and if not, within 21 days. If the first instance judge refuses permission, you lodge notice of appeal to the appeallate judge. If you matter was dealt with by a DJ or DDJ then appeal would usually be to a circuit judge.

However, you are now way out of time and extensions of time are given only where there is really good reason for delay.

[Mqm]

Re: Permission to appeal a CCJ not granted

Hi Steve

The case was heard at my local county court, I didn't know that I had to ask the judge for permission to appeal. I called the county court the next day to ask them the procedure for appealing against the decision and I was told I had to download a form and pay just over £100 and submit my request. I then received a letter from the county court saying that the case had been referred to the Central London courts I beleive. The claimant says he has received paperwork saying permission for my appeal was not granted, I have yet to receive anything.

Sorry the details are so vague, its been quite a long time since I submitted the form (12 / 14).

[stevemLS]

Re: Permission to appeal a CCJ not granted

OK, decisions on permission are usually pretty swift.

Are you both unrepresented (you and the claimant).

TBH, I can see why your case will have been dismissed if you showed up with your evidence on your laptop, it should all have been dealt with in your pleadings and disclosure and your uncle's evidence should have been dealt with in a witness statement.

You need to find out what has happened with your Appellants Notice - speak to your local court again and then I think it will be the Registrar of Civil Appeals at the RCJ that you will need to speak to. This would be if appeal lay to the Court of Appeal though which is unlikely as I am guessing it was a DJ/DDJ that heard it at first instance.

That wouuld be a process I wouldn't recommend that you deal with in person and I think if you want to pursue it you need to consider getting some professional assistance. What is the value of the judgment?

[Mqm]

Re: Permission to appeal a CCJ not granted

Thanks Steve

Ive requested a copy of the paperwork from the him, not sure he will play ball though which means I'll have to wait for a copy or chase it myself. Problem is I wouldn't know where to begin calling to get a copy of everything.

We were both unrepresented at the hearings and also I bought everything in on a laptop as the 1st judge said I could. I do understand that we should have made a witness statement for my Uncle but Ive never gone through anything like this before and really had no idea. We never receieved any instructions from the court either given directions on what to do.

The value of the judgement is just over 4k. My biggest worry is that he is threatening baillif action if I dont agree to pay off the amount in installments over the next 6 months. He also said he will go for bankcrupcy.

[stevemLS]

Re: Permission to appeal a CCJ not granted

Your starting point for following it up would be your local court. When they repeat that it went to "London" ask them to be more specific and give you a contact number.

Permitting evidence to be given from a laptop is unusual. You should have had one or more "Directions" Orders which should have told you what to do.

There should have been a Directions Order prior to the first hearing and then a further Order arising from that hearing which should have told you what you needed to do prior to the second hearing.

If you can, can you find those Orders and post them after removing your personal details.

[Mqm]

Re: Permission to appeal a CCJ not granted

Thanks

I will get what I can from the court and report back.

[Mqm]

Re: Permission to appeal a CCJ not granted

Hi Steve

I managed to get a copy of the courts decision posted to me, problem is I can't seem to find a way to upload it. Can I email it to you?

[FlamingParrot]

Re: Permission to appeal a CCJ not granted

Hi Steve

I managed to get a copy of the courts decision posted to me, problem is I can't seem to find a way to upload it. Can I email it to you?

You may want to look at this thread: http://www.legalbeagles.info/forums/...r-details-safe!) :thumb:

[stevemLS]

Re: Permission to appeal a CCJ not granted

If you have a redacted copy as a pdf, you write a message, then click "go advanced", you then get a little paper clip button which lets you attach the file.

If, for whatever reason, that doesn't work, you can email it to the lovely kati@legalbeagles.info and she will very kindly post it for you.

(It is really against forum rules to PM unless for some reason the information might identify you or is particularly sensitive).

[Kati]

Re: Permission to appeal a CCJ not granted

If, for whatever reason, that doesn't work, you can email it to the lovely kati@legalbeagles.info and she will very kindly post it for you.

of course :tinysmile_twink_t2:

[stevemLS]

Re: Permission to appeal a CCJ not granted

OK, thanks and thanks Kati, you said you had an earlier order permitting you to adduce evidence from your laptop and to hear from your Uncle without a statement?

[Mqm]

Re: Permission to appeal a CCJ not granted

Hi Steve

It wasn't stated in the order, I remember telling the judge that there is some evidence on my laptop that I need to show and that I'd like to also bring my Uncle in as a witness but I dont remember seeing any of that as directions on the order. We didnt make a witness statement or anything and just showed up on the day of the hearing. Im really not familiar with any of the court stuff so had no clue what to do.

What can I do now to get my evidence and the facts before a judge? What does it mean where it says the order can be set aside etc?

Thanks everyone for your help, thanks to Kati as well

[stevemLS]

Re: Permission to appeal a CCJ not granted

I'm sorry but effectively as I see it it is the end of the road - you could ask a circuit judge for permission to appeal but I think it will get you nowhere.

[Mqm]

Re: Permission to appeal a CCJ not granted

Thats bad news

This guy totally lied and has caused me so much problem. He is now threatening to bankcrupt me! Can he do that for an amount of around 4k?

Also if I have no choice but to pay how can I get the payments to a minimum? I dont think I can spare more than 20 to 30 a month right now.