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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 15451
Experience:  Senior Associate Solicitor
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I've had judgement and costs against me but my wasn't given

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I've had judgement and costs against me but my bundle wasn't given to the judge and I wasn't given a chance to speak until after the judgement. I have 28 days to pay and 21 days to appeal. What are my options
JA: Where are you? It matters because laws vary by location.
Customer: Uk
JA: What steps have you taken so far?
Customer: Nothing yet. Judgement on Monday. Clock ticking
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: how much do you charge?
Customer: replied 8 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 8 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 8 days ago.
Small Claims Court
Customer: replied 8 days ago.
Ground Rent dispute
Customer: replied 8 days ago.
I didn't dispute that Ground Rent was due, only that bills were unfairly presented and that the recipient had blocked me from making payment and escalated to lawyers while my account was in credit.So I was unable to settle the account and then had costs and penalties added. This was all exacerbated by Court.

Hello, this is Jim and welcome to JustAnswer.

Thank you for the question, I am reviewing the details now and I will aim to resolve it as quickly as possible for you.

I am unavailable for a call however your request is open to other experts so another one may contact you by telephone shortly unless you cancel it.

In my view the only option would be to make an appeal against the judge's decision.

You can appeal on the basis the judge was wrong either on a point of law or procedure. It did not sound like you had a fair trial, which is a basic human right too.

So there may be a human rights element to the appeal, making it more complex.
You have 21 days to appeal from the date of the hearing, unless the judge gave you a different timeframe. I presume you asked for permission to appeal - as you mentioned you have 21 days to appeal, which is fine.
You would need the appeal form - the small claims appeal form is here:

https://www.gov.uk/government/publications/form-n164-appellants-notice-small-claims-track-only

The fee for the small claims appeal is £129 (unless you qualify for a fee exemption, so if you have a low income, low savings or in receipt of benefits then you can include a completed EX160 form : https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees).
You should also tell the other side that you are appealing - they should not enforce the order to pay if you tell them. If they try, you could apply to the court with a stay of execution of the order to pay.
For the appeal, if permission was given, you will also need a copy of the transcript of the hearing : https://www.gov.uk/apply-transcript-court-tribunal-hearing
If you would prefer a law firm to deal with the appeal and the hearing, let me know and I will give you details.

I hope this answers the question. If you have any follow up questions then please do let me know.

Many thanks,
Jim

Just a final note that I am free most days and would be happy to assist with any other queries you may have.

Best wishes,

Jim

Customer: replied 8 days ago.
Judge accepted claimants statement that my account had been disabled
- but didn't accept I couldn't know true amounts or pay them.
- Email proof that cheques remained un-cashed not considered as was in bundle not delivered

Thanks, ***** ***** was not considered and you were not given chance to talk either, my answer would remain the same.

Customer: replied 8 days ago.
couldn't therefore knowJudge accepted billing process chaotic before lawyer appointed to sort it out

Thanks and noted.

Apologies, I can’t take a call at the moment but other experts are free to contact you. If no one calls you then you will not be charged for it - an "authorisation" has been made for payment, that's all. However, the call request is open to all experts so will remain available until it’s either taken by another expert or if you cancel it. If you would like to cancel the call and the charge, customer services can be contacted either by email (*****@******.***) or here: www.justanswer.co.uk/help/contact-us or for refunds please use this link: www.justanswer.co.uk/help/how-to-request-refund

JimLawyer and 3 other Law Specialists are ready to help you
Customer: replied 8 days ago.
please cancel phone call

I will ask customer services to do that for you

Customer: replied 8 days ago.
Thank you for your email.
Customer: replied 8 days ago.
please do send over information of a law firm to deal with the appeal and the hearing.
Customer: replied 8 days ago.
email***@******.***

If you need more choices please let me know

Customer: replied 8 days ago.
Thank you. Are they ranked by you (or just listed)
Customer: replied 8 days ago.
thank you. looking now
Customer: replied 8 days ago.
Are these your rankings or is this a list?

Hi, just listed - I can't recommend anyone in particular as it's again the site rules.

If they cannot help and 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 /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 a hearing) : Advocate: Finding free legal help from barristers

Or if none of the above can help, you can find a local solicitor via this site: https://solicitors.lawsociety.org.uk

Customer: replied 8 days ago.
thanks again. really helpful
Customer: replied 8 days ago.
in your opinion would I be better trying to renegotiate the costs imposed by the judge with the claimants legal firm..or would I be better appealing?
Customer: replied 8 days ago.
hello ...?

You could do but you acknowledge that you owe them costs and the purpose of an appeal is that you lose due to the judge's mistake

I would recommend you ask them to pause any enforcement action pending the outcome of your appeal

Customer: replied 8 days ago.
you would recommend I lodge an appeal on the grounds that the judge didn't have access to the bundle I sent - received by the deadline they set.
Customer: replied 8 days ago.
is that the kind of technical issue that would be accepted?
Customer: replied 8 days ago.
then step 2 would be to tell the claimant that I have appealed and ask them not to enforce until outcome?
Customer: replied 8 days ago.
step 1 - lodge appeal
step 2 - tell claimant's lawyers have lodged appeal
.. is it automatic that payment is pending once I've lodged an appeal?
... or do I have to specifically ask the claimant lawyer to not enforce payment?
.. or do I pay now and have it refunded if appeal is successful?
Customer: replied 8 days ago.
but, just to be clear ... is the courts failure to put my bundle in front of the judge, a good reason for appeal..?

Yes and the fact they did not let you speak.

Your appeal has to have merit and only a circuit judge at the county court will be able to confirm if it does or not - I wasn't and have no knowledge of what happened, other than the fact your bundle was not received and you were not allowed to speak - we do not give legal advice (as we are not a law firm, but an internet forum) - we give information and guidance. You asked what your options were and that would be the option to appeal - it'd be your choice whether to go ahead or not. It may or may not be rejected. As I say, the appeal has to have merit otherwise it will fail.
And as for the further questions, you have to ask the claimant, yes. As your appeal has not been sent in yet nor considered so you are bound by the judges decision at the moment.
You could pay now and have it refunded if successful, yes.
To your final question, I am not sure if it is a good enough reason especially if your bundle had most of the evidence already with the court at the hearing.
You may want to ask for a second opinion - which is free of charge.
Thanks, ***** ***** good evening.

Customer: replied 8 days ago.
my bundle was sent by the deadline to all parties (court, claimant, their lawyer) by the deadline. I have acknowledgements
I also paid to have it printed off on the day of the deadline and have a dated receipt for this

OK, thanks

Hopefully I have given you information on what your options are. If not please let me know and I will be happy to clarify.
Thanks

Customer: replied 8 days ago.
thanks ... just reading now..

OK, thank you

Customer: replied 8 days ago.
will revert .. hang on!

OK, thank you

Customer: replied 8 days ago.
ah. thank you. I will think on.
Customer: replied 8 days ago.
my bundle had email proof that I had tried to pay and cheques were not cashed. This was not in the other bundle

OK, thanks, ***** ***** was vital evidence in your bundle not already with the court - and the court did not put the bundle in front of the judge - the judge should have asked you for a copy or adjourned the hearing so that there was a fair trial in my view.

Customer: replied 8 days ago.
I would want to argue that costs incurred as they (a) didn't bill properly - which the judge allowed (b) that, following on from this, the costs were caused by their actions and not mine. This part was not heard.
Customer: replied 8 days ago.
their actions - disabled my account and returned cheques uncashed. So they made it impossible for me to pay.Subsequently the solicitors asked me to email for a passcode to their website to make payment, and this was never replied to

OK, thanks - the judge should have heard arguments on cost too.

Customer: replied 8 days ago.
okay. They gave costs at the end. I asked for clarity if these costs were against me. The judge said yes. Then he said he had given his judgement. Then he asked me if I had anything to say. I said it sounds like it's too late.
Customer: replied 8 days ago.
the session ended

OK, thanks, ***** ***** have to repeat that an appeal is the way forwards in my view, based on the facts set out in your question.
I hope this has answered the question.
Have a good evening.
Jim

Customer: replied 8 days ago.
I wanted to point out
1. that the judge agreed the lawyer sorted out the billing which was chaotic and so the freeholder should pay for this work, not me
2. that the claimant lawyer admitted my account was disabled ad email evidence showed the cheques were not cashed, so they had put themselves 'out of the way of use of the funds' so I should not be liable for interest
3. that following from this, the only reason for the debt and so the court case was the freeholder's actions. So I should not be liable for the costs of this action
Customer: replied 8 days ago.
Thanks - you too!

Thanks and agreed - you have salient arguments in my view and judges do get it wrong sometimes.

Customer: replied 8 days ago.
thank you! we all get it wrong sometimes :) I will lodge an appeal and then tell the claimant's lawyer I've done this and see if I can negotiate costs directly with them ..
Customer: replied 8 days ago.
BUT ... one final if I may
Customer: replied 8 days ago.
Is it safest to pay and reclaim
or
lodge appeal and the court then stops enforcement?
Customer: replied 8 days ago.
until appeal decided

It may be safer to pay - only because if it remains unpaid for 30 days, a CCJ will go on your credit record (if the appeal succeeded then it should come off but as there is no guarantee the appeal would succeed, it would be safer to pay if means allow).
Thanks

Clearly if the appeal succeeds you would be reimbursed too

Customer: replied 8 days ago.
thank you. makes complete sense. will do
Customer: replied 8 days ago.
thanks for your help. I'll let you go!!!! have a good evening

No problem, thanks and you too

Customer: replied 8 days ago.

Best of luck with it, take care.