Ms

TW1234 wrote: »

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.

It is not the responsibility of the judge to tell you what would provide good evidence to support your submission.

Are you now seeking to appeal against a completed set aside refusal and then have a new application hearing? This could become costly as you are the party that has caused the additional costs.

Many thanks!

That is what i am seeking, as that is what the court has said needs to be done.

To make an appeal and see if a different judge may think differently. If i get the appeal accepted, it means Court removes the CCJ and relists the case to the original hearing, whereby i would be able to present my evidence. At that point, the court said i have a high likely-hood of success.

waamo wrote: »

I agree, however the op maintains the judge did say what he wanted. The op has not divulged what they were told and on the surface appears to be asking what evidence to provide. Information the judge apparently gave them.

That's how I'm reading it anyway. Unless I'm reading it wrong?

Many thanks.

I hope i will be clearer this time.

I was asked to provide 'health evidence' for the set aside hearing.
To meet this requirement, i took a GP's letter.
At the set aside hearing, the Judge said the GP's letter was not sufficient.
Based on this, the Judge said it did not meet the 1st standard.
The Court said, the letter had to specifically state a diagnosis of which it did not. The Judge however acknowledged the letter, BUT said it was NOT sufficient.

It is at this point that i got lost and i am still not clear. What i mean is, if i am asked to provide health evidence, as i had been, that was NOT specific, i was not asked to provide a diagnosis.
Therefore i took a GP's letter.

To make an appeal, one does not make one, simply because i think the judge 'got it wrong' - I 'can only appeal if i have proper legal grounds - for example, if u can show that the decision was wrong because of a serious mistake or because the procedure was not followed properly'.

I have a very strong feeling that in my case, the procedure was not followed properly. This is because, from what i have read on various issues, unless there is a publicly known system of what constitutes a particular evidence,the court has leeway on discretion to accept the evidence that is entered in court provided it is what a reasonable person/public would understand as a standard. The public understand, within public policy, e.g employers, schools, colleges, etc - that a GP's letter is generally evidence of medical/health. The general public would not know that GP MUST indicate certain specifics of their health condition in a letter.

That is my view.

The help i seek is, does anyone know any precedence of such? Or any link or any information that can help me put this argument in the appeal? From the little i have read, it does not have to be specifically medical, it may be a precedence where evidence has been declined for not meeting the Court's presumed standard that has not been made clear to the defendant.

The reason i am following this up is for three reasons.

1) The Court has clearly said, i have a very good chance of success if the appeal is granted.

2) 3G breached their own contract, i followed their own laid out procedures of coming out of the contract, but they later sold the 'debt' to Lowell. So this does impact on public policy and consumer rights. For example, if you buy a product e.g a kettle. You have a warranty. It specifies the time limit,, what qualifies, etc. If product/kettle fails, the company repairs it or replaces it, provided it is within the contract terms.

If you inform the company that the product is not functional, and you provide evidence to them, based on their own advice and they do not action their own terms, they should pay you back your money, repair or replace the item - that is the law as it stands. The company can not refuse to fix the product, or replace it, then go ahead and demand that you pay for it, (assuming you were paying in installments) or refuse to reimburse you, if you have paid for it upfront.
Worse still, they can not then proceed with impunity, to sell your data to a third party private company, in this case, lowell and BW legal, who believes that the consumer is automatically the one on the wrong. Then the third party, takes you to court. I believe if this allowed to go on, basically companies would go on to abuse the public the way they wish because they will assume they have the power to.
In my case, the line rental and phone was both within the same contract. So i followed their own procedures to pull out of the contract of which they had already botched. I have provided the evidence to the court.

Thirdly, the other crucial reason i am seeking for help/advice on how to get lawful grounds of appeal is that, when i am well and able to return to my work, i would struggle to get a contract for work, with a CCJ due to the nature of work that i do. Hence, i have to fight this out to ensure that i have done everything i can for the CCJ to be overturned. The only way forward is to make the appeal, seeing that there is an option for it as a means of seeking remedy and then take it from there on. I am also encouraged that the Court thinks that i have a very strong case.

And yes, someone stated that, i only need to supply what the Judge asked for, to explain this, the judge asked for this specific information DURING the hearing, not before. Otherwise i would have provided the specifics required.

I have read on the Justice.gov website, that an appeal can only be based on the error/mistake/lack of procedure - on the evidence that WAS before the Judge on the day, not what i can provide now.

It would have been easier, for instance, if Judge would have, on discretionary grounds, allowed me extra time to provide what the court specifically required, of which i only knew during the hearing. I requested for time to provide the additional information that judge wanted, but Judge said that a decision had to be made on the day. I wonder if there is precedence within the law that allows this as an option? If there is, this could be one of the areas to note in the appeal.

I hope this helps to clarify. And yes, i have requested for the additional information the court needs, but this can not be reviewed at the appeal. It can only be reviewed at a hearing of the original case, if i get the appeal granted. !

forgotmyname wrote: »

When you applied for the set aside did they have the evidence provided by the other side though?

Yes, the Judge looked at evidence from both sides. BW legal and Lowell, are a debt buying company. They are a third party. They simply buy debt mainly from large companies. So all they had is the contract and letter from 3 G showing what i purportedly owe them. Apart from that, they do not have anything else.