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Re: Legal advice [Re: oxfordSteve] #1456609
03/11/2013 16:35
03/11/2013 16:35
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oxfordSteve Online content OP
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Yeah, I have seen that Bailiff thing...

It's not so much that he is desperate, it is more that he is....well....thick as pigshit.

Fortunately, it's the GFs car and money etc, so it's not really my decision to make.

My plan has been to do nothing til the 21 day limit for an appeal is elapsed, then I would go straight for getting the judgement enforced, no messing.

He's clearly a tosser, and seeing the cash out of him in a timely manner without sending the bailiffs round just isn't going to happen




Re: Legal advice [Re: oxfordSteve] #1457300
08/11/2013 10:10
08/11/2013 10:10
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oxfordSteve Online content OP
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Grrrrr...well, he has decided that he is going to appeal based on the fact that "The judge clearly had no mechanical knowledge".

I can't see him being granted an appeal, but it's yet another delay.




Re: Legal advice [Re: oxfordSteve] #1457306
08/11/2013 10:47
08/11/2013 10:47
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Not that I side with the guy, but it is an interesting point. If the judge doesn't have the knowledge to interpret the technical information. Do they require a specialist third party to consult?

Re: Legal advice [Re: oxfordSteve] #1457307
08/11/2013 10:56
08/11/2013 10:56
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As I understand it, an appeal in the Small Claims Court can only be raised due to a serious error in law or procedure. Pretty sure that he is just appealing as he didn't like the result.

In his defence at the time, if he had presented any technical information, there may be a point, but he didn't.

He now reckons he has got someone who will come along as and expert witness, which he will be paying the majority of the £600. Quite what his qualifications are, or what he will say, god only knows.

I might have to roll up myself as an expert witness - That Mechanical Engineering degree may come in useful after all these years!




Re: Legal advice [Re: oxfordSteve] #1457347
08/11/2013 13:26
08/11/2013 13:26
Joined: Jul 2009
Posts: 2,617
SE Essex
charlie_croker Offline
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He should have used Expert witness at original hearing, it mentions that on the form. Its at his cost though.

If your claim is unsuccessful and you want to appeal, you can do so only with the permission of the court. You can ask for permission at the end of the hearing when the judgment is made.

You must have a good reason to, you cannot appeal on the basis that you simply disagree with the Judge’s decision. Permission to appeal will only be given where the court considers that an appeal 'would have a real prospect of success or that there is some other compelling reasons why the appeal should be heard'.

The time limit for asking for permission to appeal is 21 days from the date of the decision being appealed. You should seek legal advice if you intend to appeal.


Happy
Re: Legal advice [Re: oxfordSteve] #1457348
08/11/2013 13:34
08/11/2013 13:34
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Hopefully they will just refuse the appeal, since I suspect he's not going to be able to come up with a valid reason for the appeal.




Re: Legal advice [Re: oxfordSteve] #1458749
18/11/2013 18:41
18/11/2013 18:41
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Re: Legal advice [Re: oxfordSteve] #1458850
19/11/2013 10:51
19/11/2013 10:51
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Posts: 12,546
Northumberland
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AndrewR Offline
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Your last post appears empty to me, Steve.

I've been following this saga all the way, please tell me how it ends - it's like finding the last page has been torn out of your crime thriller frown


Dear monos, a secret truth.
Re: Legal advice [Re: oxfordSteve] #1458854
19/11/2013 11:06
19/11/2013 11:06
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Surrey
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Emjay Offline
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Lady Don't Fall Backwards?


Does our law condemn a man without first hearing him to find out what he has been doing? (John 7:51)
Re: Legal advice [Re: oxfordSteve] #1458962
19/11/2013 18:37
19/11/2013 18:37
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Hmmmmm....not sure why the last one didn't post....




Re: Legal advice [Re: oxfordSteve] #1458966
19/11/2013 18:43
19/11/2013 18:43
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oxfordSteve Online content OP
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Anyway, the appeal was refused.

IT IS ORDERED THAT
1. I am informed by the District Judge that he did not grant leave to appeal.

2. Nor do I. There is nothing to indicate that there was anything wrong with the District Judges decision.

3. Leave to appeal is refused.




Re: Legal advice [Re: oxfordSteve] #1458968
19/11/2013 18:44
19/11/2013 18:44
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He has since handed over GBP500 and set up a standing order for the remainder.




Re: Legal advice [Re: oxfordSteve] #1458969
19/11/2013 18:44
19/11/2013 18:44
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So, that's a kind of result I guess




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