Just back from Court ***WON***

**herbie171** · 17th June 2009 15:11

Just back from court

I argued that the application sent was illegible judge agreed
I also argued that the T/C were in a separate document the judge agreed.
I also argued that the prescribed terms were missing ??????
They argued that the prescribed terms were on the back of the agreement and asked for an adjournment, this was granted with the judge saying they had to file a witness statement by 17th July from a Barclays icon

Bank employee stating that the prescribed terms were on the back of the application presented to the court and that they should not be penalized for not producing a clear copy or the original

Another question who pays for todays hearing as they gave me a cost sheet for about £3800 plus more for the day and then they wanted the adjournment

**BankFodder** · 17th June 2009 15:56

If you believe that the prescribed terms and conditions icon

were never supplied to you then you should file your own statement - signed as an affidavit in support of this.
If there are opposing statements on this issue, then your should prevail as yours sill be firsthand evidence and also they will not have any real supporting evidence to the contrary other than a witness statement which will not be based on actual knowledge

**herbie171** · 17th June 2009 16:35

Originally Posted by BankFodder

If you believe that the prescribed terms and conditions icon

were never supplied to you then you should file your own statement - signed as an affidavit in support of this.
If there are opposing statements on this issue, then your should prevail as yours sill be firsthand evidence and also they will not have any real supporting evidence to the contrary other than a witness statement which will not be based on actual knowledge

This is the alleged agreement
http://i619.photobucket.com/albums/t...3_edited-1.jpg

They claim the P/T were on the back

I will post the ruling when it is sent from the court

**herbie171** · 19th June 2009 15:02

As promised the court ruling

http://i619.photobucket.com/albums/t...eva/img025.jpg

**herbie171** · 19th June 2009 23:15

Another question, while sitting waiting for the hearing to start, the barrister representing the other side came over to me and started to mention his costs,I butted in and said I was not interested in your costs and to go away, but why would he do that ????

**havinastella** · 19th June 2009 23:23

Originally Posted by herbie171

Another question, while sitting waiting for the hearing to start, the barrister representing the other side came over to me and started to mention his costs,I butted in and said I was not interested in your costs and to go away, but why would he do that ????

To frighten you

I'd love to know how they got the T&C's on the back of that form as it's a mailer.

JOgs

**herbie171** · 19th June 2009 23:30

Originally Posted by havinastella

To frighten you

I'd love to know how they got the T&C's on the back of that form as it's a mailer.

JOgs

I was right to tell him to go away then,

have to agree about the mailer lets see what they submit by the 17th July

**herbie171** · 19th June 2009 23:32

What does number 5 mean in the order ?

**sillygirl1** · 20th June 2009 08:22

A skeleton arguement is a list of the reasons you are fighting the claim, you literally list the problems in order and don't put in any legal stuff. Ie

1. On xxx date I received exhibit a from xxx company
2. The facts in the document are incorrect (list the problems)
3. Any costs to be paid by the claimant as they have brought about an unsubstantiated claim and have caused stress and anxiety ato the defendant.

That is just a brief example, but you do need to state costs to be paid by the claimants just in case...

**herbie171** · 20th June 2009 08:31

Originally Posted by sillygirl1

A skeleton arguement is a list of the reasons you are fighting the claim, you literally list the problems in order and don't put in any legal stuff. Ie

1. On xxx date I received exhibit a from xxx company
2. The facts in the document are incorrect (list the problems)
3. Any costs to be paid by the claimant as they have brought about an unsubstantiated claim and have caused stress and anxiety ato the defendant.

That is just a brief example, but you do need to state costs to be paid by the claimants just in case...

Thank you very much

**B3rty** · 21st June 2009 00:33

Have a look at SI 1883-1553 Section 2 Form and content of regulated consumer credit agreements...especially paragraph 4

**herbie171** · 21st June 2009 02:26

Originally Posted by B3rty

Have a look at SI 1883-1553 Section 2 Form and content of regulated consumer credit agreements...especially paragraph 4

I will, where do I find that to read please

**B3rty** · 21st June 2009 10:41

Hi
You can find a copy here

http://www.check-my-debt.co.uk/uploa...-1983-1553.pdf

**herbie171** · 22nd June 2009 05:41

Thanks B3rty

**Beck1968** · 22nd June 2009 06:53

subbing

100%

**Stubie** · 22nd June 2009 09:54

Originally Posted by Beck1968

subbing

100%

Mee too.

Good luck;-)

**herbie171** · 22nd June 2009 10:01

Could someone please explain subbing icon

????

**Stubie** · 22nd June 2009 10:52

Originally Posted by herbie171

Could someone please explain subbing icon

????

Subscribing - it means I am interested in the content of the thread.

By subbing, I get automatic notification of any new posts on the thread. I cann keep up to date on the activity without trying to find this thread again. It registers in my profile and I can link directly to it

Hope this helps.

**pol76** · 23rd June 2009 12:59

subbing

this looks very interesting how the bank are going to fit T&C on such a piece of paper

all the best
pol76

**PGH7447** · 23rd June 2009 13:08

Go for it Herbie - good luck

Thread: Just back from Court WON

Thread Tools