Court Hearing 25th Feb...Help Please **WON** CASE STRUCK OUT

[pt2537]

Originally Posted by illonavamp

Well, when I got in there the claimants solicitor half-shook hands with me and said 'we are discontinuing this case purely on the fact that we DO have the document, we've just archived it.' of course they have, they have archived it in the bin

I said 'aww, that's a tereible shame' aww isnt it a real shame

And he said, 'well it's purely a matter of conscience on your part as to whether you pay this debt back' to which I replied 'why yes, it is isn't it'. yeah and if they hadnt been such idjits in pushing this id guess you may have considered it but since they have played silly beggars my reply would have been " do you think you deserve it?"

When we went in the judge was unusually cheery at me, we sat down and the claimants solicitor STARTED to say 'just to explain the case to date' and the judge cut him OFF saying 'don't worry yourself with that sir, (smiling) I've just read the whole eleven pages completely'

And that was that.

Out it was thrown.

well its an excellent turn around isnt it, i remember a while ago when you had that hearing on the 25th feb where it wasnt looking so good, but i have to say im not surprised as they were on dodgy ground with flawed default notice and poor credit agreements they knew their chance of winning was slim and that is why they gave up

i would say the judge has read the defence too and was aware that it was a no brainer as he could do nothing but to strike their claim out


the main thing is that its a weight off your mind now and its put top bed so to speak

im really pleased for you,

regards

paul

[gh2008]

Sam, I'm sooooooo pleased for you, myself, I've had a cr@p week (nothing to do with money for a change) and seeing this on a Friday has really cheered me up - maybe there is some justice on the world, especially considering the circumstances - I would hope they take their 'lesson' seriously.

Originally Posted by illonavamp

And I'd just like to say, to anyone reading this thread going through a similar thing;

Don't give up, don't back down, even when you are at your lowest point and wish it would all just go away - get up and keep fighting - the worst that can happen is you lose, that's all. But if us 'little people' don't stand up for ourselves, these bullying so called big-boys will just continue to bend us over a barrel.

Take a stand, you WILL be pleasantly surprised.

Well said and you've been truly inspirational, now let's see you take them on for that default

[illonavamp]

Whilst the judge didn't say anything specifically about the defence I could tell that he had read it and was impressed, he was reading the last page while the claimant was talking and was smiling as he read it, so kudos to you pt, CAG is lucky to have you .

[illonavamp]

Thanks to you too gh, I'm so happy guys like you exist., we should all be.

It's apt that today, according to the press is apparently 'shout at your bank day'.

Well, I think I did

[42man]

Brilliant work here all !!! great news illona !!

[forumman]

How much money did you get off without paying?

[pt2537]

Originally Posted by forumman

How much money did you get off without paying?

I believe that it was 10K as Sam points out in post 240

[citizenB]

Absolutely brilliant news. I am so very pleased for you. x

[illonavamp]

It wasn't about 'getting off paying it' forumman.

A couple of years ago, I asked them to do something, they didn't.
I asked them several times, they ignored me.
I told them I'm not paying them a penny more until they sort out my query.
They ignored me.
I stopped paying them.
They stopped ignoring me.
They said 'we'll sort your problem out if you sign this'.
I told them I'm not signing anything.
I asked them to sort out my query.
They ignored me.
They issued a default.
They took me to court.
I defended myself.
They stopped ignoring me.
They lost.
They ended up with nothing.

So, to answer your question, my original query was over about 200.00.

And because their customer servives department failed so dismally and they tried to destroy my financial reputation over a couple of hundred quid
- they now have to write off about 9,500.00.

And I wouldn't say having to fight these people for two years and almost losing my house and sanity over it is 'getting off paying' anything.

However, I won't be losing any sleep over it.

[shieldblaster]

Great news for you sam You mentioned early on in your thread that you had problems over a mortgage because of the adverse credit record due to the unlawful default ..might now be the opportunity to consider it in any damages claim you make? When you get your breath back of course . There is case history supporting it in:

Kpohraror v Woolwich Building Society - Mr Kpohraror sued the bank for damage to reputation following a (wrongly) bounced cheque.

The pertinent part of the Court of Appeal judgement is:

"The credit rating of individuals is as important for their personal transactions, including mortgages and hire-purchase as well as banking facilities, as it is for those who are engaged in trade, and it is notorious that central registers are now kept. I would have no hesitation in holding that what is in effect a presumption of some damage arises in every case, in so far as this is a presumption of fact."

[illonavamp]

Yes I have started a new default thread to continue convos about that there.

http://www.consumeractiongroup.co.uk...fter-case.html

[freakyleaky]

Great news Illona.

[the main man]

Well done ilonavamp!! chuffed to bits for you, I was dying to get home to read what had happened.

Maybe they will take customer complaints more seriously next time

[Cornucopia]

Well I have been absolutely glued to this thread for the last hour or so, fascinating reading.

Well done to you girl and what a great team effort!

This has been very interesting to read as I have a similar situation with somebody and the reverse of the "agreement". I have put your thread in my favourites for guidance.

What a fantastic result!

Regards,

Corn x

[pt2537]

Corn, do you have a thread going on your situation?

if its the same predicament then im sure we can help you out