Thought this maybe of help to others and myself !
have defended a claim against me for repayment of a personal loan, and just lost in court :/
my defence was that it was statute barred being over six since last payment. Action being taken against me after six year period.
first off had hearing for directions. Claimant only had photo copy's no original paperwork. Judge stated copy's not admissible ( is this a fact or just him ? ) and that originals would have to be produced.
was ask if I would proceed there and then on copied evidence, or proceed to hearing proper. Decided to continue to main hearing, as there was a good chance claimant couldn't come up with original paperwork !
main hearing different Judge. Claimant still only had copy's, but judge dismissed first judges comments re originals, saying 'she didn't know what he had said as she wasn't there ! She accepted claimant argument that six years started on default date backed by BMW v Hart court of appeal case history which was specific to HP contact, not personal loan. She dismissed my defence of last payment date as cause of action !
so stitch up or what ?
question do I have a case for appealing this judgement ?
do hearings for directions carry any weight and are they recorded ?
any help with drafting an appeal would great
should it it be an appeal or should I ask for set a side or are these the same thing in this case ?
judge said before we started that we could appeal again did she mean ask if we could appeal or was that permission to appeal ???
14 day time limit ? But from when, her judgment in court or when we get hard copy in post ?
Any thoughts guys
have defended a claim against me for repayment of a personal loan, and just lost in court :/
my defence was that it was statute barred being over six since last payment. Action being taken against me after six year period.
first off had hearing for directions. Claimant only had photo copy's no original paperwork. Judge stated copy's not admissible ( is this a fact or just him ? ) and that originals would have to be produced.
was ask if I would proceed there and then on copied evidence, or proceed to hearing proper. Decided to continue to main hearing, as there was a good chance claimant couldn't come up with original paperwork !
main hearing different Judge. Claimant still only had copy's, but judge dismissed first judges comments re originals, saying 'she didn't know what he had said as she wasn't there ! She accepted claimant argument that six years started on default date backed by BMW v Hart court of appeal case history which was specific to HP contact, not personal loan. She dismissed my defence of last payment date as cause of action !
so stitch up or what ?
question do I have a case for appealing this judgement ?
do hearings for directions carry any weight and are they recorded ?
any help with drafting an appeal would great
should it it be an appeal or should I ask for set a side or are these the same thing in this case ?
judge said before we started that we could appeal again did she mean ask if we could appeal or was that permission to appeal ???
14 day time limit ? But from when, her judgment in court or when we get hard copy in post ?
Any thoughts guys
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