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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My question relates to my previous question regarding my

Customer Question

My question relates to my previous question regarding my dispute with a car finance company.
My application to set aside was refused by the District Judge but I have entered an appeal and I am confident that will succeed. In my Appellant's Notice I included an application for delivery-up of the vehicle (see our previous discussion). A hearing has been scheduled for 29 January and I really need to know what I will need to show the District Judge if the hearing is not to be a mini-hearing of the appeal itself.
Submitted: 10 months ago.
Category: Law
Expert:  Ash replied 10 months ago.
Thanks for asking for me
You need to show the circuit judge why the district judge was wrong. How did the judge get it so wrong.
That's it!
Alex.
Customer: replied 10 months ago.
I think you have misunderstood. It appears there is a hearing before a District Judge for the application for delivery-up of the vehicle. This is not the appeal itself
Expert:  Ash replied 10 months ago.
Right, yes the application to set aside. You need to show why you couldn't attend the original application hearing and why your side as merit.
Does that help?
Alex
Customer: replied 10 months ago.
No. I don't know why you don't understand. I know how to deal with the appeal to the refusal to set aside. My Appellant's Notice included and application for the finance company to return the vehicle to me. You recall from our earlier discussion that a hearing is required for delivery-up of the vehicle. A hearing has been listed before a District Judge at my local county court for the hearing of the application but the hearing of the appeal has been transferred to the Central London County Court. I need to know what I will have to show on the District Judge for the vehicle to be returned to me if the hearing is not to be a mini-hearing of the appeal itself
Expert:  Ash replied 10 months ago.
So is this an appeal or setting aside appeal?
Customer: replied 10 months ago.
Well the last hearing was to set aside the judgement of 2 October which the DJ refused to do. I suppose it must therefore be a setting aside appeal
Customer: replied 10 months ago.
There is something I need to clarify here. The DJ accepted my reasons for not attending but refused to set aside on the ground that he felt my application to strike out the claim was unlikely to succeed. The appeal is thus dealing with the same issues as the original application to strike out the claim. I am very confident I will succeed on appeal but I have just returned from holiday to find a hearing has been listed at my local court for the hearing od the application, which is for the return to me of the car.
Expert:  Ash replied 10 months ago.
Are you sure this is before a DJ ?
Customer: replied 10 months ago.
No but as it has been given a specific time of 15.30 I would have thought that is the case. Do you not agree?
Expert:  Ash replied 10 months ago.
Yes that seems to be the case. It's only a 30 min appointment hearing. So unless you have been told it's an appeal then it will be a set aside application.
It should be before a DJ - but that is unusual because you are disagreeing with a decision made.
Alex

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