Court Hearing Lost - appeal options and costs?

[Diana M]

Re: Court Hearing Lost - appeal options and costs?

My phone conversation with solicitor was after I contacted him having found his blog on internet about my issues. He is a leading expert in field.

Next time or maybe this time if you're not too late (since allowance may be given for you to make an out of time appeal in order for you to get the vital transcript of the hearing/judgment etc) you need to seek advice from a solicitor who doesn't charge for initial advice or to review the papers.

Some solicitors are motivated by business prospects for their firm (i.e money) and some are motivated by ethics (i.e justice).

The latter do exist albeit we/they are rare species

Di

[pt2537]

Re: Court Hearing Lost - appeal options and costs?

Next time or maybe this time if you're not too late (since allowance may be given for you to make an out of time appeal in order for you to get the vital transcript of the hearing/judgment etc) you need to seek advice from a solicitor who doesn't charge for initial advice or to review the papers.

Some solicitors are motivated by business prospects for their firm (i.e money) and some are motivated by ethics (i.e justice).

The latter do exist albeit we/they are rare species

Di

Funny thing is, all the QualitySolicitors brand firms offer a first free consultation by telephone, there are also ALES which are offered for a fixed fee of £99 inclusive of VAT as it provides a limited retainer which im sure youll appreciate the reasons why having referred to your own firms indemnity insurance stopping you from advising on the forum for free.

We also do free saturday surgerys where people can book appointments to go and see the fee earner working on that day without any charge whatsoever.

Anyway, i think youre quite wrong with the above comment, there are many firms which offer pro bono assistance, free advice etc, and to say that they are a rare species does an utter injustice to the profession and those who offer such advice and or services.

[Bigmac799]

Re: Court Hearing Lost - appeal options and costs?

I'll re-read your post again tomorrow to take on board the legal issues especially since 'the bar is lower' at a Summary Judgment hearing than at a full Trial.

The solicitor you spoke to appears to have been fully aware that compliant Egg Loan credit agreements and Ts & Cs are about as rare as hens' teeth so they must have had some informed knowledge of the 'unenforceability' legal arguments and practice in this specialist are of law (Consumer Credit Act)

Was your decision not to take this forward based on the cost the solicitor was seeking to review the case or because you felt it would be hopeless in legal terms? Or maybe a combination of both factors.

Di

My decision to "not take forward my appeal" was a combination of factors - mainly the costs, now my understanding that even "winning" this appeal might not "get me completely off the hook" as this was "only" a SJ hearing - so presumably I could still need to go down that route, the time and stress of it all - and just the general frustration in the "legal process" to date - although I am completely aware of my share of the blame in all this (i.e. not seeking out a solicitor in the first place, actually being in this position that a company like Arrow/Global could raise this claim against me) I feel very frustrated in the way that the system works and the "level" of proof that the judge accepted.

Anyway - I acknowledge the reply from PT above as well - I didn't want this thread to become a bun fight amongst solicitors. I am immensely grateful for all the advice and assistance I have had.

[warwick65]

Re: Court Hearing Lost - appeal options and costs?

Not being a solicitor and the only interest I have is that you achieve justice.

Are you aware that a case of this value ( over 10K) you may well be able to get a CFA ( sometimes called no win no fee) where the solicitors, if they took your case , would get their fees from the other side should you win.

The solicitor would also take on all the stressful stuff , all you would really need to do in the first instance would be to read through and sign relevant paperwork.

Moving on from there, this forum can help with dealing with your other debts

[pt2537]

Re: Court Hearing Lost - appeal options and costs?

Not being a solicitor and the only interest I have is that you achieve justice.

Are you aware that a case of this value ( over 10K) you may well be able to get a CFA ( sometimes called no win no fee) where the solicitors, if they took your case , would get their fees from the other side should you win.

The solicitor would also take on all the stressful stuff , all you would really need to do in the first instance would be to read through and sign relevant paperwork.

Moving on from there, this forum can help with dealing with your other debts

Its often overlooked but some people have Before the Event insurance which is better than no win no fee, because under a No win no fee agreement, if you lose you cop the othersides costs, and whatsmore, if you win you may end up having to pay a successfee which is no longer recoverable from the otherside as a result of reforms to civil litigation funding

BTE is more helpful as it not only covers solicitor client fees but also opponents fees normally.

Always worth asking about

[warwick65]

Re: Court Hearing Lost - appeal options and costs?

I did look into this and certainly form insurance it would only have been valid if it had been continuous since the account being claimed was opened.

However always worth a look and something I may extend on my insurance renewal

[Bigmac799]

Re: Court Hearing Lost - appeal options and costs?

On the main subject of this thread, as per my general comments on here, paying any more court costs is something I'm not really able to do at the moment - so I tried to write to Restons with an offer of repayment by instalments. I sent the letter last Wednesday and have yet to get any sort of response. Clearly, the date for my "forthwith" payment is coming up on 1st Sept. Is this just them playing their games to effectively give them the option of AOE or Bailiffs?
Is it worth phoning them - not that I can bear to think of that possibility.

Thanks

[warwick65]

Re: Court Hearing Lost - appeal options and costs?

Hi
If you are on a low income you may be entitled to fee remission and could therefore apply to have the judgement varied to an affordable amount

just a thought

that low income fee remission would apply to a set aside application as well.

[Bigmac799]

Re: Court Hearing Lost - appeal options and costs?

My actual income is not low, but taking into account my debts, then I struggle. Thanks anyway

[warwick65]

Re: Court Hearing Lost - appeal options and costs?

Twas just a thought.

[Amethyst]

Re: Court Hearing Lost - appeal options and costs?

This ->

Ask to change the payments

You can ask to change the amount you pay per week or per month.
To do this, fill in the N245 application form.
Give details of your income and spending, and say how much you can realistically afford to pay.
You may have to pay a £50 court fee.
If your offer is rejected, the court will decide on the amount you have to pay.

[Bigmac799]

Re: Court Hearing Lost - appeal options and costs?

Thank you. I am aware. I was trying to avoid the £50 fee by going to Restons. But alas, no response, so is it a good idea to call them?

[Diana M]

Re: Court Hearing Lost - appeal options and costs?

was trying to avoid the £50 fee by going to Restons. But alas, no response, so is it a good idea to call them?

A lot depends on what you are trying to achieve.

From what you've said on this thread so far a CCJ could have a negative impact on your job/career so you may wish to avoid it being registered on your CRA files.

If you read this post by Jo you'll see that unless further court action is taken after a judgment is obtained at Trial/Hearing the CCJ will not be registered. Action would be things like an Application to Vary the Order or an Application for an AOE or a Warrant etc.

1. After a trial/hearing there is no requirement for the Claimant to notify the court when the Judgment debt is paid. It is only if they make an application to the court to enforce the Judgment (thereby notifying the court that the Judgment monies have not been paid) that the court would even notify Registry Online of the Judgment.


2. The only Judgments that are automatically sent by the court to the Registry Trust to be registered on your credit history are Default Judgments and admissions. If these judgments are not paid within 30 days (or a month) then the Judgment will stay on the defendant’s credit history for 6 years. If paid within the month then the judgment will be cancelled on the Register and removed from the credit history.


3. If Judgment is handed down by the court at the end of a trial or at a hearing for say £4,000 then if the order is silent on when it is to be paid it would be due within 14 days, or the court may order 21 or 29 days. The order is not automatically sent to Registry online at this point. There has to be some further action taken by either the claimant or the defendant in relation to the Judgment debt.


4. If the Defendant after the trial/hearing approaches the claimant and say for example informally agrees (without a consent order being signed) that they can pay the Judgment order of £4,000 over say 12 months by standing order then neither party has taken steps to either vary/enforce the order and as long as the payments are made the Judgment will not be sent by the court to Registry Online. The claimant still has the security of the Judgment that can be enforced if the defendant misses an instalment but the Defendant has the benefit that the Judgment will stay off their credit history.


5. If the Defendant pays the Judgment monies within the time period stipulated by the court , then again nothing is sent to Registry online


6. If the Defendant doesn't pay the Judgment monies and the creditor does not take any steps to enforce the Judgment (i.e bailiffs, attachment of earnings etc) then again until the creditor does take the step the Judgment won't be sent to Registry online.


7. If the OP makes an application to the court to vary the Judgment AFTER a trial/contested hearing then at that point the Judgment will be sent to Registry Online.

That being the case you may want to try to negotiate something direct with Restons in preference to making an Application to Vary.

Only you can make that decision but at least consider all your options first.

Di

[Bigmac799]

Re: Court Hearing Lost - appeal options and costs?

I chased up Restons. Finally spoke to them on phone. They went through my I&E and offer. Finally accepted. Told me any missed payments would lead to enforcement by way of AOE. Is my arrangement binding?

[Diana M]

Re: Court Hearing Lost - appeal options and costs?

Did you ask Restons to confirm the arrangement in writing?

Their calls are all recorded anyway so keep a note of the date/time of the call and the name of the person you spoke to.

From what you say your arrangement over the phone was informal i.e. not a Consent Order to Vary (which you'd have to sign to be filed at court).

They may have told you that if you didn't keep to the arrangement the CCJ would lead to enforcement by an AOE but that's not necessarily the case because only a court can make an AOE Order and you would have the opportunity to contest it.

If I were you I'd make two payments in the first month so you are always one month ahead from then on to allow for bank glitches and blips. You don't want to give them any opportunity to trip you up.

The CCJ should not show on your CRA file since there's been no further court action since the Hearing/Trial.

Di