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What would you like to know today about the small claims track process?
Is it one where you went to a final hearing or is there a final hearing approaching on the matter?
Ok unfortunately appeals is not within my expertise therefore I will opt out.
Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.Sorry to hear of the issue. I will set out my written answer shortly.
You can appeal a judge if their decision was wrong, either on a point of law or procedurally. Ideally an expert report should have been obtained by the clamant to support their claim, or the goods examined, as you say.
I presume you did not ask the judge for permission to appeal. That being the case you must do so - you need to fill out form N164 (https://www.gov.uk/government/publications/form-n164-appellants-notice-small-claims-track-only) and send that with a cheque for £120 payable to HMCTS. If permission is granted, you will be given a court order with further directions to prepare for an appeal. If the court refuses, you will need to appeal to the high court but this is where it starts to get expensive - you would ideally use a law firm for this if the county court refuses permission to appeal.
If you need a lawyer to act for you then there are pro bono (free of charge) lawyers who could assist you. You can try these firms for legal representation (they are a charity who connect you to pro bono lawyers) : LawWorks or http://www.nationalprobonocentre.org.uk/finding-legal-help/
Here is another: https://www.lawcentres.org.uk
And there is this one for advocacy (to represent you at the appeal hearing, assuming permission to appeal is granted) : Advocate: Finding free legal help from barristers
Note you need to ensure the N164 form is sent to the court well before the 21 day period (21 days from the date of your hearing).
I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.
Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.
Hi there, normally if you are sued, you can then make a counter claim in the same action. It sounds like this case has already been decided by the judge so if you were to issue a fresh claim, you may need permission from the court to issue one. You would simply need to inform the claimant/customer that you are not paying and that you are appealing instead. They shouldn't take any enforcement action as a result. Sorry we cannot draft anything as we are not a law firm but an internet forum so we just give information and guidance from a legal standpoint. We can review a draft for you and make suggestions if that helps. Thanks again
Yes, I would go with that as it sounds like the judge was wrong to make the decision due to lack of evidence.
if you send in the completed form, you can enclose a cheque or with your covering letter put in your contact number and the court staff should call you to take payment. Or you can post it in and call the civil listing section at the court and pay over the phone instead of waiting for them to ring you
Sure, if you come back to this site. We ask for any more questions after a week to be posted as new questions, in a new thread. It should not cost extra. Many thanks
Yes, if you just mark any new question "FAO: Jim only" and I will see it - I will pick it up and we can speak then