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Ms

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Comments

  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Indeed. This could run to thousands and is essentially a gamble.

    At this point a few hundred quid on proper legal advice would be a whole lot cheaper and prevent you losing thousands. Even if they say you have no hope you will still be in a better position than ploughing ahead and losing.

    If they think you have a good case then they would be in a far better position than you to claim all your expenses back.

    As I said before you need to consider your options.
  • haki
    haki Posts: 30 Forumite
    waamo wrote: »
    It doesn't matter when the judge said what he wanted he has now told you what medical evidence is required.

    An appeal costs £1,199 to register. I'm not certain you can get relief on this. If you lose you may well be liable for ALL the costs including the other sides. They could be considerably higher.

    If you can't afford £1000 then the costs alone could ruin you financially. Not only that you would still be saddled with the original debt.

    You really need to think about this.
    Many thanks
  • haki
    haki Posts: 30 Forumite
    TW1234 wrote: »
    There you have it.
    You agree that the situation has been created by your failure to present an adequate set-aside case.I suspect that the judge did not lay down further requirements for you to submit, but just tried to explain what would have been required to support your set aside application.
    You are now in the realm of trying to appeal the set-aside and it appears that the only grounds are now because your application was poorly presented by a litigant in person.That does not offer a reasonable hope to risk the costs.It is unlikely that the judge could be said to have erred.
    It must be distressing to learn that you did have a reasonable hope of success against the first claim, but that you have failed because of the application of fair procedures that you were not alert or competent enough to handle. Sometimes professional help is the cheapest.
    I am unable to offer advice on the further appeal process and echo the advice to consider your position and limited options..


    Thank you - will consider this.
  • haki
    haki Posts: 30 Forumite
    waamo wrote: »
    Indeed. This could run to thousands and is essentially a gamble.

    At this point a few hundred quid on proper legal advice would be a whole lot cheaper and prevent you losing thousands. Even if they say you have no hope you will still be in a better position than ploughing ahead and losing.

    If they think you have a good case then they would be in a far better position than you to claim all your expenses back.

    As I said before you need to consider your options.

    Many thanks - will look into it.
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    You may be able to get a short, free, legal advice session if the scheme operates near you. Follow this link for details https://www.lawworks.org.uk/legal-advice-individuals/find-legal-advice-clinic-near-you
  • haki
    haki Posts: 30 Forumite
    waamo wrote: »
    You may be able to get a short, free, legal advice session if the scheme operates near you. Follow this link for details https://www.lawworks.org.uk/legal-advice-individuals/find-legal-advice-clinic-near-you

    Thank you very much for this information. Most grateful.

    I have done the necessary as per their website and i now await their feedback.

    Kind regards
  • haki
    haki Posts: 30 Forumite
    waamo wrote: »
    You may be able to get a short, free, legal advice session if the scheme operates near you. Follow this link for details https://www.lawworks.org.uk/legal-advice-individuals/find-legal-advice-clinic-near-you


    An update to your advice: They have reverted to me within hours, most thankful.

    They state that they have a two to three week turn round. They do review consumer rights cases and offer advice and help in the process. ( I wish i knew this beforehand!)

    They have adviced that i could have a decent chance of an appeal hearing depending on which judge reviews the case, because medical evidence has a large area of discretion. However they are not able to review and offer this advice until my appointment.

    So where i am at is that i need to consider making the appeal, myself. Once i do, they will help me with the rest of the process. Time is the constraint, as appeal is due on Monday next, and my appointment is in three weeks time!

    They have asked me to general search and ask around, on precedence, of instances where evidence has been declined and then overturned - in the UK. They have also adviced that i speak with the court admins on application fees matters. Also to mention in appeal, that i am on waiting list for legal advice.

    I will update with any progress.

    Many thanks!
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