Appeal CCJ and lowell payment request

[Diana M]

Re: Appeal CCJ and lowell payment request

Just Inform Lowell that the judgment is being challenged but say no more.

That won't stop the Claimant (Lowells) seeking any enforcement action of the CCJ unless there's an Application to suspend enforcement pending the outcome of any Appeal (which hasn't yet been made) made by the Defendant.

Di

[Kati]

Re: Appeal CCJ and lowell payment request

This new thread relates to your ongoing thread here > http://legalbeagles.info/forums/show...667#post713667

So maybe ask @Kati nicely to merge the two threads to keep everything in one place so that answers/advice can be given in context.

sorted x

[Jeed]

Re: Appeal CCJ and lowell payment request

Thank you Di, I took on board your advice regarding the judgement transcript which has been done and sent back to the judge for approval. My concern was to do with the payment demand and you have also answered that in your response. I am unable to act in response to Lowell's demand until I get the transcript and appeal if allowed and there is good ground for it.

[Jeed]

Re: Appeal CCJ and lowell payment request

Thank you Di, I took on board your advice regarding the judgement transcript which has been done and sent back to the judge for approval. My concern was to do with the payment demand and you have also answered that in your response. I am unable to act in response to Lowell's demand until I get the transcript and appeal if allowed and there is good ground for it.

I received the transcript today and I have attached herewith, please advice me what real options I have now. I do not want to be stupid any longer and would like to appeal if possible and viable.

Kind regards

[MIKE770]

Re: Appeal CCJ and lowell payment request

Full of "I Think they say/mean/etc!" = whitewash

[warwick65]

Re: Appeal CCJ and lowell payment request

To be honest, I think you need proper advice.
I do not know if there is other evidence you could use in your leave to appeal

It does I am afraid show up the error many people make when they claim the original agreement is needed to enforce for a pre 2007 debt. This is quoted all over the Internet but is simply not true. A genuine copy is sufficient.

As as I said, this is where some sound factually based advice is needed.

[Jeed]

Re: Appeal CCJ and lowell payment request

But it was not a copy. What Lowell produced was a copy of the application form and I have the original copy of the agreement which was enclosed with the card. And I said in court that I have it. I produced the cover letter of the card that referred to the agreement enclosed but was dismissed as an undated letter by the judge.
I really need the sound advice going forward

[nemesis45]

Re: Appeal CCJ and lowell payment request

But it was not a copy. What Lowell produced was a copy of the application form and I have the original copy of the agreement which was enclosed with the card. And I said in court that I have it. I produced the cover letter of the card that referred to the agreement enclosed but was dismissed as an undated letter by the judge.
I really need the sound advice going forward

It sounds like an attempt at producing a reconstituted agreement, which must have certain elements.

1. Your name and address as it was when the account was opened.

2. Ditto for the creditor.

3. The T's & C's relevant when the account was opened.

4. Those when the account was closed.

5. Any other documents mentioned in the T's & C's.

6. A Certified current statement of the account.


nem

[Jeed]

Re: Appeal CCJ and lowell payment request

Can any body help with establishing a ground for appeal in the first instance also to suspend enforcement if appeal is viable. I really need someone more experienced to handle this and see me through.

[warwick65]

Re: Appeal CCJ and lowell payment request

Jeed
I am afraid out of my depth on this one but

It does seem that what they sent in reply to your S78 request was defective
The default may have been defective because it did not specify a date for remedy although a judge might say it did not prejudice you therefore not a problem
The NOA looks ok to me, the stupidity of the WS from the claimants legal dogsbody is laughable

I am not sure if the appeal is or indeed should be the chance for a 2nd bite at the cherry, sorry if that sounds harsh but if it was our courts would be clogged with people trying again and again to get the right answer
The problem as I see it is your defence , if that was what you entered as your defence was not directed at the points you should have - sorry of that sounds harsh.

Have you approached a solicitor to get their opinion?

[pt2537]

Re: Appeal CCJ and lowell payment request

I received the transcript today and I have attached herewith, please advice me what real options I have now. I do not want to be stupid any longer and would like to appeal if possible and viable.

Kind regards

have you not made an application for an extension of time for filing the appeal ? There is a right to apply if the transcript is likely to delay matter, so in my opinion an application should have been made while the transcript was being sought.

Seems to me that you are now out of time on the appeal and will need to apply out of time which makes matters ever harder to succeed with

[Jeed]

Re: Appeal CCJ and lowell payment request

have you not made an application for an extension of time for filing the appeal ? There is a right to apply if the transcript is likely to delay matter, so in my opinion an application should have been made while the transcript was being sought.

Seems to me that you are now out of time on the appeal and will need to apply out of time which makes matters ever harder to succeed with

Thanks for quick response, I was waiting for the transcript to arrive and thought I needed to get that and have a ground of appeealbefore seeking leave to appeal. As it stands is there any chance? Is there ground based on information available? If not what are the options now available?

Please

[Amethyst]

Re: Appeal CCJ and lowell payment request

The transcript doesn't seem to have any discussion of prescribed terms in the agreement, neither does the defence. Your TIFF docs don't have all the pages of the witness statements as far as I can see, only the first page - can you try putting those on as PDF's rather than TIFF image files. Rezise the images smaller first so they aren't such massive files.

What was paragraph 8 of their witness statement? ( as that seems to got you out of unreasonable behaviour costs)

[Jeed]

Re: Appeal CCJ and lowell payment request

The transcript doesn't seem to have any discussion of prescribed terms in the agreement, neither does the defence. Your TIFF docs don't have all the pages of the witness statements as far as I can see, only the first page - can you try putting those on as PDF's rather than TIFF image files. Rezise the images smaller first so they aren't such massive files.

What was paragraph 8 of their witness statement? ( as that seems to got you out of unreasonable behaviour costs)

Dear Amethyst,

I have sent you a PM regarding the uploaded files and have attached replacement herewith,

[Jeed]

Re: Appeal CCJ and lowell payment request

remaining pages of defence witness statement