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

the case to court, i...
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?
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Answered in 17 hours by:
7/12/2013
Fran-mod
Category: Research
Satisfied Customers: 48
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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.

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Customer reply replied 4 years 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?


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.
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Ali172
Category: Research
Satisfied Customers: 2,850
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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?
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Customer reply replied 4 years ago

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

No problem.

Can you just clarify: did you receive the notice of hearing for 27 June 2013?
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Customer reply replied 4 years ago

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

OK. What was the reason for not attending on 27 June?
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Customer reply replied 4 years 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 reply replied 4 years 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.
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
Ali172
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Customer reply replied 4 years 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
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
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Customer reply replied 4 years ago

Thanks

No problem. Good luck with this.

Alex
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