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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was taken to court by my ex-landlord for "unpaid" rent -

Resolved Question:

I was taken to court by my ex-landlord for "unpaid" rent -
It went to court and the judge decided I did owe the money.
However - the landlords company was "in receivership" and HE wasn’t informed off the "solicitors" that they even intended on taking me to court.
I buy stock off the landlords other company for my company - and he is appalled that they were able to act behind his back, even though he is still 100% share holder of the company.
Although I believe the judge was wrong on several points of her summing up - would I be able to appeal on the decision that HE did not want to take me to court?
HE is currently taking legal action with the "solicitors" over the mishandling off a lot of aspects of HIS company.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know how much the unpaid rent was?

Alex Watts :

When was the decision at Court?

Customer:

around 10,000 rent - - -then 10,000 costs on top of it

Customer:

15th october

Customer:

also - - - the court "order" states .... before judge XX sitting at Durhams county court.....
but the hearing was at "newcastle county court" - -
Can that be used as a reason too ?

Alex Watts :

Well the fact the location is wrong is not in itself enough to appeal.

Alex Watts :

But if the company was in receivership then yes, this is a ground for appeal.

Alex Watts :

The court should NOT have been misled.

Alex Watts :

If it was then you can set the Judgment aside on this basis.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Another point - - -in the judges summing up of what she "finds",

Customer:

there is clear evidence within the trial bundle that she was wrong to assume it - -
Can that be a cause for an appeal ?
Becuase she presumed wrongly ?

Alex Watts :

Yes, if the Judge made wrong findings of fact then that is a ground for appeal

Alex Watts :

What you need to do is get a copy of the transcript of the hearing.

Alex Watts :

You need to apply to Court for that. But the Court will only send it to approved transcribers.

Alex Watts :

But you need the transcript to appeal.

Alex Watts :

Does that help?

Customer:

I have requested an appeal form and a transcript form from the court -
the court have said that I may not be allowed to appeal at its past 21 days - -
But as Im unrepresented I didnt realise the time limit -
Can you help further with what I can say on the form to make sure they grant an appeal -

Alex Watts :

Well you can still appeal, but you need permission to appeal out of time.

Alex Watts :

You still need the transcript though, because no appeal Judge will consider an appeal without it

Alex Watts :

Does that help?

Customer:

YES THANKS

Alex Watts :

Great. Can I clarify anything else for you?

Customer:

not at the minute - - -may get back to you when the forms come through the post,

Customer:

thanks

Alex Watts :

If I could invite you to rate my answer before you go - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash and other Law Specialists are ready to help you