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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:
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-hearingIf 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.
Just a final note that I am free most days and would be happy to assist with any other queries you may have.
Thanks, ***** ***** was not considered and you were not given chance to talk either, my answer would remain the same.
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
I will ask customer services to do that for you
OK, the law firms you could approach would be : 1. http://www.catalystlaw.co.uk2 http://www.barrettandco.co.uk3. http://www.garrattssolicitors.co.uk4. http://www.luptonfawcett.com
If you need more choices please let me know
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
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
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.
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
OK, thank you
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.
OK, thanks - the judge should have heard arguments on cost too.
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
Thanks and agreed - you have salient arguments in my view and judges do get it wrong sometimes.
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
No problem, thanks and you too
Best of luck with it, take care.