Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Did you tell the court you would not be attending please.
It was a paper hearing so I was told not to attend court.
Alex Watts : Did you inform the court you were not attending though in advance ?
No. I didn't realise I had to once they told me not to attend.
Alex Watts : You submitted evidence but didn't turn up, is that right?
Alex Watts : Why did the judge get it wrong?
I submitted a witness statement as asked to but did not go to court.
Alex Watts : Ok. Why did the judge get the decision wrong?
The agreement states that I am protected by the Consumer Credit Act 1974 but Merchant Rentals says I'm not because I chose the terminal myself which is a lie. You don't get a choice, the agreement shows where the salesman wrote down his choice. The act says I only have to give 3 months notice not the 12 they insisted on.
Alex Watts : Are you an individual or a company please?
Alex Watts : Thank you, ***** ***** credit act does apply.
Alex Watts : Just because you picked the terminal does not change that, you are protected by the act.
Alex Watts : You should have attended the hearing.
Alex Watts : You can on,y alp
Alex Watts : You can only appeal if there has been an error in law, procedure or the decision made by the judge was unreasonable.
Alex Watts : Its not using form n244, that is for set aside.
Alex Watts : You can't set aside as you did not inform the court you were not attending.
Alex Watts : This is an appeal.
Alex Watts : You need to complete form n161
Alex Watts : Form n164 sorry.
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n164-eng.pdf
Alex Watts : Can I clarify anything for you about this today please?
Customer: I'm sorry but I don't understand. The court told me not to attend the hearing so why was I supposed to tell the court that I wouldn't be attending. I'm confused now because I was told someone at the court to use the n244 form.
Alex Watts : It's not n244.
Alex Watts : If you failed to tell the court you wouldn't attend it will be an appeal.
Alex Watts : If you did tell the court you were not attending it would be a set aside.
Alex Watts : Does that clarify?
Yes thank-you. Could you please tell me if I'm to send the form to the county court where the hearing was held or the appeals court?
Alex Watts : The court where the hearing was held.
Alex Watts : It may be transferred to the nearest appeal court.
Alex Watts : Can I help further ?
Alex Watts :
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