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appealing against a county court judgement
6 Answers
My ex partner had a garage bill he did not pay as the garage at the time did not repair his car as they said they had and this resulted in him going to another garage to get the repairs carried out. I to used to take my car to the same garage and sometimes I had to take my partners car in for him as he was at work, the garage owner would receive a phone call from my partner prior to me dropping the car off for him. They issed a bill which covered repairs to my own car and my partners of which I paid as he did not have the funds to pay this. They automatically kept putting my name on his bill even though I told them to change the name to his. As this garage bill was owing the owner send all the usual letters to which i replied stating this had nothing to do with me I just dropped the car off. I now have a Judgement against me together with extra costs of �250 which i should not have received as it has nothing to do with me. The day of the small claims court case I was unable to attend as I had only just come out of hospital following surgery of which I phoned the court to tell them this. They still issued me with a CCJ how can they do this - where is the law that states I am liable for this bill as I was never the owner only the person who dropped it off under his instructions and the garage knew this. As they are unable to get hold of him it seems they are bullying me into this. What can I do as I am about to get a new mortgage soon and this wont help. Can I appeal and if so where do I begin.
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For more on marking an answer as the "Best Answer", please visit our FAQ.Act quickly. You've only got 14 days (from the CCJ being given against you) to seek permission to appeal:
http://www.hmcourts-service.gov.uk/courtfinder /forms/ex340_0405.pdf
Chris
http://www.hmcourts-service.gov.uk/courtfinder /forms/ex340_0405.pdf
Chris
Further to my post, you'll need this form
http://www.hmcourts-service.gov.uk/HMCSCourtFi nder/GetForm.do?court_forms_id=388
and these notes:
http://www.hmcourts-service.gov.uk/HMCSCourtFi nder/GetLeaflet.do?court_leaflets_id=392
Hc4361 makes a valid point but it would depend upon whether or not the garage was fully aware that you were only delivering the car and passing on instructions from the owner. (As an analogy, if a rich guy got his chauffeur to take his car to a garage for servicing, and the garage was aware that the driver was only the chauffeur, a court could not issue a CCJ against the chauffeur if the bill was left unpaid).
Chris
http://www.hmcourts-service.gov.uk/HMCSCourtFi nder/GetForm.do?court_forms_id=388
and these notes:
http://www.hmcourts-service.gov.uk/HMCSCourtFi nder/GetLeaflet.do?court_leaflets_id=392
Hc4361 makes a valid point but it would depend upon whether or not the garage was fully aware that you were only delivering the car and passing on instructions from the owner. (As an analogy, if a rich guy got his chauffeur to take his car to a garage for servicing, and the garage was aware that the driver was only the chauffeur, a court could not issue a CCJ against the chauffeur if the bill was left unpaid).
Chris
Thank you for the positive answers to my question, just for the person who left me a negative reply, the garage knew the car was only being dropped off by me nothing more as my ex had telephoned through that day to confirm what needed doing to HIS car and that I would only be dropping it off. Ive applied for appeal forms so hopefully everything should work out fine, if needs be Il speak to a solicitor to go through my appeal form with me.
Incidentally, I doubt it's as legally cut and dried as you imply that you weren't responsible for the bill in the eyes of the garage given that you had a track record of being billed and paying for his car in the past. And that in identical circumstances of him phoning up to describe the work required and you dropping it off.
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