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Urgent: Got CCJ on my credit records
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Could you please guide and help for the above post
Regards0 -
This forum is really for dealing with parking charges.
Appealing a court decision is something outside most posters field.
Your solicitor is the best person to help and advise you over this appeal (have you ditched the solicitor?)0 -
Your solicitor is the best person to help and advise you over this appeal (have you ditched the solicitor?)
Yes I'm planning to ditch the solicitor as he did nothing except of stopping the bailiff.
My Solicitor is useless as he had rung the chambers to book a counsel for the Hearing.
I don't know what does it mean but looks he offered to me someone / another solicitor to attend the hearing with me.0 -
Hi All
Below is my draft Witness Statement Planning to send to court. Could please review and let me know your opinion on it hopefully that will help other members reaching the same stage like me.0 -
Yes I'm planning to ditch the solicitor as he did nothing except of stopping the bailiff.
My Solicitor is useless as he had rung the chambers to book a counsel for the Hearing.
I don't know what does it mean but looks he offered to me someone / another solicitor to attend the hearing with me.
So your solicitor prevented the bailiffs coming in to allow you to appeal. S/he then organised a barrister so you would have professional representation at the hearing. That is not nothing. It may be financially unsustainable to pay on an ongoing basis, but that is a different point.
If you're going to appeal, you need to do so on the basis of error of fact, law or both. It is a shame that your solicitor has not explained this adequately prior to their disinstruction.
Read this: http://www.civillitigationbrief.com/2014/05/16/service-of-the-claim-form-the-time-for-service-and-the-address-for-service-essential-points-before-the-essential-checklist/
As a matter of principle, you probably didn't need to show the case was defensible, because the claim was not served at the address that you had nominated for service. You had no notice of the claim. IF it was never served, the Claimant was not entitled to the judgment it has obtained.
See Para 22 of Nanglean v Royal Free http://www.bailii.org/ew/cases/EWCA/Civ/2001/127.html
In our case there is no question of deeming arising because it is a case where a specific address for the service on the solicitor had already been given in the exchanges between the parties that had taken place before the service of the claim form.
In your case, the address appears to be a new residential address, based on what you say, but the point holds good.the Claim Form was sent to his old address although he notified the Respondent for his current address on xxxx, around three months before the date of that Claim Form xxxx.
That's background reading. Obviously only you know what went on at your hearing. You should carefully consider the basis upon which you prepare your appeal. Merely objecting to the result ain't gonna cut it. You need to refer the Court to the applicable court rules (the CPR) so do your research.
In normal circumstances you have only 21 days from the date of the hearing to lodge an appeal, so time usually is of the essence.
Hope that's helpful and not useless! :rotfl:0 -
Read up on line about appealing a court decision and see why you may want to think again before sacking him off!Yes I'm planning to ditch the solicitor as he did nothing except of stopping the bailiff.....
You are not now applying for a set aside - you are appealing the outcome of a set aside application!0 -
If you're going to appeal, you need to do so on the basis of error of fact, law or both.You need to refer the Court to the applicable court rules (the CPR) so do your research.
I'm appealing that the judge didn't consider CPR 27.11(3)(a) and (b). I have no experience how to find other CPR, Could you please guide me to CPR para could support my case
The judge accepted pcm late serviced WS, less than 24 hrs before hearing, should be CPR prevent to consider late WS but it's unknown to me, could please help to find it.
The judge didn't offer / allow me to see pcm WS.
The judge state that pcm proved to him that the claim form serviced to my current address which that big question mark?.
The Judge state that pcm proved to him they are authorised to run private car park scheme which the agreement I got now as usual between PCM & MA not Landowner and limiting them to small part of the estate and based on BPA while the signage based on IPC. also that agreement breach leas contract.
The judge was not happy that the car was parked 5 times in restricted area while the car was parked legally in visitor bay under lease contract rights granted.
That is my problem with the solicitor he explained nothing and didn't get the set aside hearing transcript up to now although I asked him to do so since Nov. 2017It is a shame that your solicitor has not explained this adequately prior to their disinstruction.
too complicated for me to understand how to use that in my case, could you please make it simple for meSee Para 22 of Nanglean v Royal Free
of course that is useful and I appreciate your help & advise v muchHope that's helpful and not useless! :rotfl:0 -
Read up on line about appealing a court decision and see why you may want to think again before sacking him off!
Spending two hours online found nothing important, could you please guide me to specific web page article
I found only only
''the Court of Appeal and CCRC will take into account if you are representing yourself and will provide you with guidance throughout your case. However, it is a well-known fact that you are more likely to succeed on appeal if you are legally represented. This is because the appeal process can be highly technical and a lawyer will have to be able to recognise any errors in law or procedure that you may not know about and will have access to up to date case law information. They will also be able to draft your Grounds of Appeal and include any legal or technical points.''0 -
too complicated for me to understand how to use that in my case, could you please make it simple for me
That statement says much ... you're in way over your head and need professional representation. Nobody here will have the time to hold your hand through every step of the journey.0 -
I have highlighted the section in your quote which confirms the advice you have been given in #31, #43, #47, #51, and is highly relevant!Spending two hours online found nothing important, could you please guide me to specific web page article
I found only only
''the Court of Appeal and CCRC will take into account if you are representing yourself and will provide you with guidance throughout your case. However, it is a well-known fact that you are more likely to succeed on appeal if you are legally represented. This is because the appeal process can be highly technical and a lawyer will have to be able to recognise any errors in law or procedure that you may not know about and will have access to up to date case law information. They will also be able to draft your Grounds of Appeal and include any legal or technical points.''0
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