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CEL COURT HEARING NOW BEING HEARD OVER TELEPHONE DUE TO COVID 19 PANDEMIC.

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Comments

  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Frankly I would not be interested in a mechanism.  This judge as you know erred badly and must be considered as dangerous for the public.  I feel certain one could get through to the circuit judge
  • ncw2509
    ncw2509 Posts: 58 Forumite
    Eighth Anniversary 10 Posts Name Dropper Combo Breaker
    Thanks again for all of your constructive comments.  
    I quoted Kelvin Reynolds article in my defence. I also sent an email to the courts with a hyperlink of this article on Monday to make sure the Judge was reminded of it before the telephone hearing .  He clearly still felt that only ONE grace period applies.
    If I can get a review from making a complaint to the circuit judge, then I'm up for that, but I don't really want to pay another £120 to appeal, plus any additional costs the claimant will rack up if it goes further. It has to be a cert if there's more money involved ,  and I don't suppose anyone can second guess that.
    Will attempt a complaint to circuit judge and see what happens from there..  Thanks again for your time and consideration.. :#   
  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 8 April 2020 at 6:27PM
    What do you mean CM no such mechanism.  Do you not understand that we are in "uncharted waters" in these "unprecedented times".  Of  course there is a mechanism, you write to thesuperior  judge, copying it to the MP, and the Lord Chancellor, read this

    https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

     Most people have lost the will by this point, no matter how good a case they have.

    But we are not "most people" 
    You never know how far you can go until you go too far.
  • ncw2509
    ncw2509 Posts: 58 Forumite
    Eighth Anniversary 10 Posts Name Dropper Combo Breaker
    beamerguy said:
    henrik777 said:
    You might get the Judge in trouble but you're not getting it overturned by complaining.

    If you've had enough, fair enough.
    You are paying less now than they claimed.

    Whilst you appear to have reason to appeal, nothing in law is ever guaranteed. The decision to appeal or not is yours. Most people have lost the will by this point, no matter how good a case they have.
    Yes it might get the Judge in trouble and that will be well deserved for such errors. What it could do is wake up the judge to READ everything before he costs people money.  That must be good for everyone.   I don't think the objective is to get it overturned
    So if I want to get it overturned, it has to go to an appeal - which either way will cost me more money?
  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Surely money is not the concern here.  You have experienced an injustice at the hands of an idle and iincompetant judge.
    . In any case, why appeal?  Why not do as I suggested and send out lots of complaints.  
    You never know how far you can go until you go too far.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    ncw2509 said:
    beamerguy said:
    henrik777 said:
    You might get the Judge in trouble but you're not getting it overturned by complaining.

    If you've had enough, fair enough.
    You are paying less now than they claimed.

    Whilst you appear to have reason to appeal, nothing in law is ever guaranteed. The decision to appeal or not is yours. Most people have lost the will by this point, no matter how good a case they have.
    Yes it might get the Judge in trouble and that will be well deserved for such errors. What it could do is wake up the judge to READ everything before he costs people money.  That must be good for everyone.   I don't think the objective is to get it overturned
    So if I want to get it overturned, it has to go to an appeal - which either way will cost me more money?
    That's when life is normal, you had to do a phone chat, normally you would be in front of the judge and that chat cost you money.  The judge cost you money.  Who knows what a circuit judge will do as he has to protect the integrity of his county court and let's face it, your judge did little to help that.
    We simply have no desire to have judges who do not pay attention to detail

    Nothing to lose by complaining, it will not harm you and it could well be a wake up call


  • ncw2509
    ncw2509 Posts: 58 Forumite
    Eighth Anniversary 10 Posts Name Dropper Combo Breaker
    DPD - there will be a complaint to the Circuit Judge et al. However, money IS a consideration. I'm a young new homeowner who hasn't got a stream of money to dip in and out of in the event of further costs claimed from the claimant , should I appeal.
    Beamerguy - perhaps they're all in this together - who knows?  Im deflated, not defeated - I still have some fight left in me. 
    Like I said, a complaint is forthcoming ... IN the meantime though, I will still have to pay the PCN within 14 days,  or could it be suspended pending an early complaint?  
    Just a few gins more, and I'm off to bed! 
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