Ms
Comments
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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.
Yes you are right. You express it better than i did. You are spot on. Thank you.0 -
forgotmyname wrote: »Most likely I misunderstood. Re-read it several times and its still confusing.
To be fair to you ... you need to read the OP and then OP's posts after your post to reach the conclusion I did. 0 -
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.
Going by what you have said, I hope you sought advice before you started all this. I honestly think you could struggle to win this one.0 -
One of the grounds for a set aside is a good case, you said the judge said you had a good case but still it wasn't set aside.
They clearly believe the contract was not breached, did you prove it was?0 -
Yes - one must prove two grounds. The grounds of a good case i was able to prove and court did agree that it was breached in many ways.One of the grounds for a set aside is a good case, you said the judge said you had a good case but still it wasn't set aside.
They clearly believe the contract was not breached, did you prove it was?
The second ground was where the GP's letter was not sufficient.
BOTH must pass for a set aside to be granted. I passed one. Did not get an all clear on the second.
So now, i need advice on how to appeal on the second part. It was my presumption that a GP's letter is sufficient. Only learnt that it was not at the hearing. So i believe the Judge erred on this specific issue, because there was no specific detailed report on what constituted medical evidence. So that is where i am at now. How do i go about this? Is there any precedence anyone knows about?
What i mean is, if evidence is required, and the person provides reasonable evidence, as would have been provided by anyone in the society. Can that evidence be dismissed on grounds previously unknown?
I strongly feel the court seeing that i had no legal presentation, should have been specific of what they meant by medical evidence. Just thoughts. I believe this is an error in law, but i am not a lawyer or have not dealt with this before, so seeking any advice on how to raise it to the court as an issue of appeal. And then request to provide what the court then stated is required.
Basically if i get through the appeal, then i have a very high chance of winning the case, hence request for help.0 -
Yes - one must prove two grounds. The grounds of a good case i was able to prove and court did agree that it was breached in many ways.
The second ground was where the GP's letter was not sufficient.
BOTH must pass for a set aside to be granted. I passed one. Did not get an all clear on the second.
So now, i need advice on how to appeal on the second part. It was my presumption that a GP's letter is sufficient. Only learnt that it was not at the hearing. So i believe the Judge erred on this specific issue, because there was no specific detailed report on what constituted medical evidence. So that is where i am at now. How do i go about this? Is there any precedence anyone knows about?
What i mean is, if evidence is required, and the person provides reasonable evidence, as would have been provided by anyone in the society. Can that evidence be dismissed on grounds previously unknown?
I strongly feel the court seeing that i had no legal presentation, should have been specific of what they meant by medical evidence. Just thoughts. I believe this is an error in law, but i am not a lawyer or have not dealt with this before, so seeking any advice on how to raise it to the court as an issue of appeal. And then request to provide what the court then stated is required.
Basically if i get through the appeal, then i have a very high chance of winning the case, hence request for help.
The majority of people believe that when they issue a claim at the Small Claims Court. Have you sought advice on your case as the sparse details you have posted so far makes it appear it's not going to be as easy as you think.0 -
I can only repeat my previous advice. You have stated the judge told you what evidence he wanted. You have not told us any more than that. Therefore provide what the judge has said he wanted.
Any more than that and we are just guessing. We don't know what he said.
Are you trying to ask, in a roundabout way, what the appeal process is and how to initiate an appeal?
If not then I'm not sure what your asking.0 -
My reading is that you lost a claim based on default caused by your not defending at all because of a medical condition.
Is that correct, or did you defend it, but, in your opinion not adequately, because of a medical condition that prevented your acting in the best manner possible.?
You say that you lost, by default, so a CCJ was entered against you. Did you then enter an appeal against the judgement (which could be a costly process) or did you apply for a "set-aside" which requires a fee of £250 and for you to demonstrate that there was a good reason that you did not defend the original claim l, AND demonstrate that if the set-aside were to be permitted, then you would have some reasonable (not certain) prospect of being able to defend the matter.(When it was retried, from scratch)
I read your information as saying that you have applied for a set aside and that a judge has accepted the latter requirement but has said that the first requirement has not been satisfied just by the production of the doctor's letter.
Could you elaborate, please?0
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