Ms

pmduk

The OP needs to realise that s/he has two obstacles here. Firstly to get the judgement overturned. If that occurs and it's by no means guaranteed, the case will be reheard and a defence will need to be mounted explaining why either the monies weren't due or not paid in the first place

haki

pmduk wrote: »

The OP needs to realise that s/he has two obstacles here. Firstly to get the judgement overturned. If that occurs and it's by no means guaranteed, the case will be reheard and a defence will need to be mounted explaining why either the monies weren't due or not paid in the first place

Thank you.

Yes, you are right. At the moment, i need to overcome the 1st hurdle. Once it is done, the 2nd hurdle, which is the defence, i had to prepare as part of the 1st and it was favourably passed in the test, because it is part of the assessment of overcoming hurdle one.

haki

Les79 wrote: »

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

Three G supplied a faulty phone - the phone and line rental were part of the same contract. They declined to replace the phone within the time they were required to. I declined the contract within the specified time period. After which i stopped payments. so they are claiming for a botched contract period of two years through Lowell solicitors who bought their debt - so bill is three's plus lowell's - so it comes to about that figure. Hope that helps.

haki

forgotmyname wrote: »

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?

Thank you.

Yes, i do, hence my request for advice on how to go about appealing. Judge said i had a case, i.e if i overcome the first hurdle of having the default judgement set aside.

So the help i need is to overcome, as noted in one of the posts, hurdle one, which is making a successful appeal. I was adviced to seek proper help before doing the appeal, so basically reaching out here, as there is a forum for CCJ's in one of the Money Expert posts. Thanks.

haki

pmduk wrote: »

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.

Thank you. Yes, i did as you note. Issue was that it did not meet the standard/form, of which i was not aware of. As i presented myself. Most probably if i had a solicitor, it would have helped. However, i have the limited window for appeal, for which i need to use wisely. Hence the post.

haki

Moneyineptitude wrote: »

Not convinced, I'm afraid.

Try posting on the Legal Beagles forum.

Many thanks -

I am not aware of it. Is it part of money expert? I would very much like some details - any help, most appreciated.

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.

Many thanks!

Would the report, be accepted at an appeal as would be 'new' evidence? Just a thought.

haki

Moneyineptitude wrote: »

Not convinced, I'm afraid.

Try posting on the Legal Beagles forum.

OK - Many thanks - i checked it out and have found it. I am sure it will help one more step as others here have.

On my end, i am quite convinced, hence searching for help, otherwise, i would not pursue it, if it did not warrant the help. I am thankful for your idea.

DoaM

forgotmyname wrote: »

Is having health issues enough to wipe a debt though?

Maybe I'm misunderstanding ... I'm reading it as the OP got a default CCJ as they were unable to address the original claim due to medical grounds. It's not medical grounds as to why they don't owe the debt - the OP's claim is that the debt doesn't exist due to 3's breach of contract.

forgotmyname

DoaM wrote: »

Maybe I'm misunderstanding ... I'm reading it as the OP got a default CCJ as they were unable to address the original claim due to medical grounds. It's not medical grounds as to why they don't owe the debt - the OP's claim is that the debt doesn't exist due to 3's breach of contract.

Most likely I misunderstood. Re-read it several times and its still confusing.