Ms

haki

I had a default CCJ issued against me. The reason for the default was, mainly on health grounds that did not enable me to attend the hearing, thus i was not able to defend the claim by Lowell, on behalf of 3G. I applied for CCJ to be set aside. At first it was refused. Second try, i was given a hearing date. Judge said, it could only be set aside on two grounds. 1st if medical, second, if i had a good chance of success. He said i had a good chance of success, but apparently letter from GP was insufficient as evidence! So now i need to appeal against the decision for refusal to set aside. There was no specific requirements that the judge asked in advance for the gp to write a letter. So the letter was firstly protecting me, secondly it was general. This is Lowell and Three G that went to court. Any advice, including which organisations out there can help me to appeal is highly appreciated, as i have no funds for solicitors. Winning this case, could be monumental because it would help hundreds of thousands of people who are being mistreated daily by mobile phone companies like 3G, who instead of resolving a matter, sell, your personal data to debt companies. PLEASE HELP URGENTLY

waamo

Did you ask the judge what evidence he wanted? Typically a report from a consultant would be ideal.

It may be that you are throwing good money after bad though. Any report for a court would be expensive which you may well not be able to claim back.

Is each set aside attempt costing you? The normal fee is £255 but this can be waived in certain circumstances. You may already have racked up a sizeable bill.

[Deleted User]

I'm certain you can appeal without any legal representation, but you don't appear to have much of a case from the sound of it.

However MSE is hardly a forum for legal advice, nor for referrals.

Who advised you to apply for the CCJ to be set aside? I'd start with whoever that was...

haki

I got a waiver, as not working due to health reasons.

what i need advice is, if the judge and court had not previously clearly stated to me, what qualifies as medical evidence, is this a point of appeal?

Secondly, do you know any group out there that can help me make this appeal, seeing that i have a good success to win.

Lowell's default judgement is at £1,000. I clearly have NO funds to pay them, let alone that it is 3G's fault.

Thirdly, i need the time and energy to put in my health and wellbeing and a ccj will affect me due to my work when i am able to return to work, that is why i must have this judgement overturned. i have evidence against 3G.

haki

I do clearly have a case, as the Judge clearly said so.

so basically reaching out to see if anyone has any advice on how to appeal if a medical letter is not accepted as evidence. what grounds if any, would i be using?

haki

waamo wrote: »

Did you ask the judge what evidence he wanted? Typically a report from a consultant would be ideal.

It may be that you are throwing good money after bad though. Any report for a court would be expensive which you may well not be able to claim back.

Is each set aside attempt costing you? The normal fee is £255 but this can be waived in certain circumstances. You may already have racked up a sizeable bill.

Yes at the hearing, he did say what he wanted. i said i could get it. He said the hearing was then and the judgement was to be made then! I however only knew what constituted medical evidence at the hearing and not before.

waamo

he did say what he wanted. i said i could get it.

Well you have answered your own question there. He has said what he wants and you have stated you can get it.

As we have no idea what he wants and you do then all I can suggest is you obtain what the judge wants.

pmduk

haki wrote: »

what i need advice is, if the judge and court had not previously clearly stated to me, what qualifies as medical evidence, is this a point of appeal?

IANAL, but the judge sits in court to hear your evidence, not to tell you what evidence to go away and collect. You are supposed to collect your evidence, witnesses and testimony before a court hearing.

The judge will hear the other party/parties) evidence, examine documents and make his/her decision on what s/he decides are the facts.

[Deleted User]

haki wrote: »

I do clearly have a case, as the Judge clearly said so.

Not convinced, I'm afraid.

Try posting on the Legal Beagles forum.

forgotmyname

Judge said you have a case for the set aside to be allowed. But you don't seem to have provided the actual evidence you may need to win?

Is having health issues enough to wipe a debt though? Do you have more evidence why this debt should not be allowed?

Les79

How were you mistreated to the tune of £1000 by a mobile phone company?