Statute Barred - lost SJ hearing*Thread CLOSED*-Case continues in AAD+

[johno23]

i have recently lost a CCJ summary judgement hearing and wanted some advice regarding an appeal

[nanna58]

Re: Statues Barred lost SJ hearing

Hi John good to hear from you ,someone will be along soon ,hang on xxx

[Undercover Elsa]

Re: Statues Barred lost SJ hearing

Hello Johno23 and a warm welcome to AAD

Can you give us a little more background?
Forgive me for taking a guess - was yours the case I've seen on another forum where the judge overturned a Statute Barred defence based on a Default Notice issued 8 months late?
If so we were hoping you'd come here for help!

Elsa x

[johno23]

Re: Statues Barred lost SJ hearing

Hi Elsa

Yes it was me in the other forum so you are probably well aware of my case.

Where do you want me start?

[Undercover Elsa]

Re: Statues Barred lost SJ hearing

I'll go read through the whole thread then

Meanwhile if you could give us basic details and precis of the case that would be great:

• Type of account (credit card/loan)
  
  
• Date account commenced
  
  
• Amount of Claim
  
  
• Date last paid (before judgment)
  

• Date claim issued / date of judgment
  
  
• Claimant / solicitor

Plus details about the hearing and any other relevant info..


Elsa x

[johno23]

Re: Statues Barred lost SJ hearing

Thanks Elsa

Just to let you know the Judgement of 13k has been paid not sure if that is the end of any appeals as the judge gave me until 4pm on the 26th August and I did not want a CCJ, as I am going on holiday on Monday. Not sure if that ends any appeal.

MBNA credit card taken to court by PRA group.

Court claim: 20th May 2015

Last payment made 3rd February 2009.

Default notice 9th October 2009 to pay arrears by 26th October 2009.

The judge went that the cause of action is the default notice.

Summary Judgement date was 12th August 2015

Account opened in 2004

Kind regards

Johno

[PlanB]

Re: Statues Barred lost SJ hearing

i have recently lost a CCJ summary judgement hearing and wanted some advice regarding an appeal

Hello johno and to AAD.

I was shocked when I saw what happened.

Can you start by emailing me three things:

a copy of the original summons (N1)

a copy of your Defence

a copy of the summary judgement application with the Claimant's Witness Statement and any exhibits they provided with it. If you filed your own WS in reply then a copy of that would be great too.

Don't blank anything out as our email is totally secure.

Use planB@all-about-debt.co.uk with a copy to webmaster@all-about-debt.co.uk.

If you're considering an appeal it may be wise not to post too much information on this thread until we've taken a peek at your documents to ascertain the story so far and your current legal position.

I look forward to hearing from you.

Plan B x

[johno23]

Re: Statues Barred lost SJ hearing

Thanks Plan B

Stupidly I was annoyed and burnt everything!

I will send word documents of all the info, if that helps, as I posted all info on the other forum.

I do have copies of credit agreement, 2 default notices, statements etc

Can I request certain documents again from there solicitor?

Johno

[PlanB]

Re: Statues Barred lost SJ hearing

Stupidly I was annoyed and burnt everything!

I know the feeling!

Send me what you've got and then we can always get copies from the court if things progress.

No promises but at least let's take a look at the situation. We have access to a solicitor who guides us in these matters.

Take Care

Plan B x

[PlanB]

Re: Statues Barred lost SJ hearing

MBNA credit card taken to court by PRA group.

Who were the solicitors for PRA?

Did you ask the DJ for permission to appeal at the end of the SJ hearing? If so did he refuse?

If you're going away on Monday will you still have email contact?

Finally, how long was the hearing?

Plan B x

[Undercover Elsa]

Re: Statues Barred lost SJ hearing

It was an absolute travesty of justice, a blatant error of law, so I'm not surprised you were angry!

[johno23]

Re: Statues Barred lost SJ hearing

Chivers in Surbiton

But they instructed an agency solicitor for the hearing.

Hearing was 1 hour.

The judge did not ask if I wanted to appeal, he made it clear the cause of action is the default notice.

Does it not matter that I have paid judgement?

[Never-In-Doubt]

Re: Statues Barred lost SJ hearing

Hi

glad you found us. I was trying to get a message to you

--> http://forums.all-about-debt.co.uk/s...User-SB-or-Not

[Never-In-Doubt]

Re: Statues Barred lost SJ hearing

No you can still appeal even though you've paid. We'll speak to our solicitor for you

[PlanB]

Re: Statues Barred lost SJ hearing

Can I request certain documents again from there solicitor?

Don't do that, let's keep schtum for now

If you're considering an appeal you will need a transcript of the hearing and they don't come cheap which is why I asked you how long it was. Some SJ hearings are only listed for 20 minutes.

Can you add a contact phone number to your email to me please, and confirm your holiday start/finish dates.

Plan B x