How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alice H Your Own Question

Alice H
Alice H, Solicitor/Partner
Category: UK Law
Satisfied Customers: 2476
Experience:  Partner in national law firm
30932268
Type Your UK Law Question Here...
Alice H is online now
A new question is answered every 9 seconds

I had a case against T-mobile, i was the claimant and i took

Resolved Question:

I had a case against T-mobile, i was the claimant and i took the case to court, i travelled out of the country and when i came back, i met a parcel from the court asking me to file my case and to also make some payment, by this time, the deadline was against me so i wrote a letter asking for adjournment, i got a response later informing me that this could only be done in a particular way, by filling a particular form which was not included in the response sent to me, I did not understand what this was about, i called the court to ask for clarification and i was told there was a form i should have filled, i did not have the form and the form was not included in the reply i got from the court

I requested this be posted to me, i filled the form and posted it back to the court, then i received the form back again informing me that there was applicable, I attached a cheque to the form and sent it back, did not hear anything from the court until today, I received a letter in the post informing me that the case was dismissed because I did not appear in court on the day of the hearing. The fee for the application for adjournment has been taken from my account and yet there was no formal response to the application for adjournment sent to me.

The original date for the hearing was supposed to be 27th of june 2013, i did not hear from the court until today 11/7/13 informing me that the case was dismissed because i did not appear in court and that i should pay the defendat the cost of tavelling to court totaling £524

I am very confused because i the first place i choosed to go to small claim court to avoid unnecessary bill but so far, i have paid over half of the crazy bill that t-mobile billed that i was trying to defend by going to court, the small claim court process now with the £524 to be paid to the defendant despite applying for adjournment, heard nothing about the application only to be accused of not attending the court proceeding

What else i am supposed to do? If at all there was sitting on 27th, why wait till 11th of the following month [14days after the sitting] before informing me? Is this what justice is all about? So what is the way forward?
Submitted: 1 year ago.
Category: UK Law
Expert:  Fran-mod replied 1 year ago.
I'm Fran, and I’m a moderator for this topic.

We have been working with the professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit. I was checking to see if you had already found your answer or if you still needing assistance from one of the professionals.

Please let me know if you wish to continue waiting or if you would like for us to close your question.Also remember that JustAnswer has a multitude of categories to help you with all your needs from Health, Pets, Computers, Cars, Finance, Law, to Home Improvement, and more.
Customer: replied 1 year ago.

I am yet to receive any formal response to my question, i can wait few more hours but not endlessly.


 


If i don't any response, what happened to the deposit paid?

Expert:  Fran-mod replied 1 year ago.

Thank you. We will continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.
Expert:  Alice H replied 1 year ago.
Hello and welcome to Just Answer.

My name is XXXXX XXXXX I'm happy to help with your question today.

Have you lodged an appeal?
Customer: replied 1 year ago.

No, not yet. I need help on how to draft a letter of appeal.

Expert:  Alice H replied 1 year ago.
No problem.

Can you just clarify: did you receive the notice of hearing for 27 June 2013?
Customer: replied 1 year ago.

I did. I then put in application for adjournment .paid the application fee. No response was received from the court

Expert:  Alice H replied 1 year ago.
OK. What was the reason for not attending on 27 June?
Customer: replied 1 year ago.

If you read the body of my complaint above, I returned from a journey outside the country to meet the letter from the court asking me to file my defence. The deadline was too close, I was preparing for my exam because i am a GP trainee doctor. I then provided the evidence of my journey and applied for adjournment. The fee was taken out of my account but I was not notified of the outcome.

Customer: replied 1 year ago.

If you read the body of my complaint above, I returned from a journey outside the country to meet the letter from the court asking me to file my defence. The deadline was too close, I was preparing for my exam because i am a GP trainee doctor. I then provided the evidence of my journey and applied for adjournment. The fee was taken out of my account but I was not notified of the outcome.
Expert:  Alice H replied 1 year ago.
OK understood.

There has clearly been a procedural error by the Court on the facts that you've outlined.

You can appeal but this is not an automatic right. You have to apply for permission to appeal.

I assume the decision in your case was made by a District Judges in which case you can appeal to a County Court Circuit Judge.

You must lodge an application for permission to appeal within 21 days of the decision.i.e. 18th July 2013.

The appeal form can be downloaded from the Ministry of Justice website or obtained from your local County Court.

Once an appeal notice has been filed it must be served on the defendant within seven days after being filed.

Usually a skeleton argument also needs to be served setting out the issues involved and the legal basis of the appeal.

The Court will consider the appeal notice and decide whether to grant permission to appeal. The appeal Court will allow an appeal only where the decision of District Judge was:

Wrong; or
Unjust because of a serious procedural or other irregularity in the proceedings in the lower court.

If the appeal is allowed the decision of the 27th June 2013 will be set aside and you will be able to pursue your original claim.

If permission, or the appeal is refused, the decision of the 27th June will stand.

Alex
Alice H, Solicitor/Partner
Category: UK Law
Satisfied Customers: 2476
Experience: Partner in national law firm
Alice H and other UK Law Specialists are ready to help you
Customer: replied 1 year ago.
The appeal and the skeleton argument, will all these be separate or on the same appeal form? What type of form is this? I mean any specific name for the form?

The county court circuit judge? Where do I specify that? On the form? Can this appeal be filed on line or must it be by post? If by post, how do I know where to mail it to?
Thanks
Expert:  Alice H replied 1 year ago.
Hi.

The is a small claim so you need the SMALL CLAIMS APPELLANTS NOTICE.

Here is a link:

http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/n164-eng.pdf

You can incorporate the skeleton into your appeal notice because the issues in the case are actually simple.

In terms of what you're appealing heres a little guidance:

Section 1 - Details of the Claim

Section 2 - Details of the appeal, name of judge who made order etc

Section 3 - Has permission been granted - "no". The tick the box for permission to appeal.

Section 4 - In order answers - No, Yes, Yes, No

Section 5 - Grounds - here set out the history and your grounds of appeal i.e. procedural error, application to adjourn hearing etc

Section 6 - 'set aside the order I am appealing' AND 'order a new hearing'

Section 7 Part A - because 'The District Judge made a procedural error and the order dismissing the claimants claim is unjust'.

Section 8 - fill in with your grounds in support.

Once completed take the form by hand to the Court office to file. This CANNOT be done online.


Alex
Customer: replied 1 year ago.

Thanks

Expert:  Alice H replied 1 year ago.
No problem. Good luck with this.

Alex

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    3850
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    2612
    Over 10 years experience in general legal matters
  • http://ww2.justanswer.com/uploads/matthewjones/2009-9-7_20342_picture_007.jpg Matthew J's Avatar

    Matthew J

    Solicitor

    Satisfied Customers:

    323
    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/2013-12-6_91518_MeforJA.64x64.jpg Stuart J's Avatar

    Stuart J

    Solicitor

    Satisfied Customers:

    5198
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    24742
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    6561
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 
Chat Now With A Solicitor
Alice H
Alice H
Solicitor of the Senior Courts
1218 Satisfied Customers
Partner in national law firm