Well that was an experience!
Its a bit hazy but i'll try and remember everything.
Sorry for such a long post but I want this to help anyone going into a similar court situation as you really need to be fully prepared and ready for any question.
I'm sad to say I lost and judgement was awarded to the claimant.
The district judge wouldn't accept the argument that recon agreements can't be used pre 2007
stating that if it wasn't retrospective there would be a footnote in the case of Carey vs HSBC and it would be known to him.
He then gave me the opportunity to show that this was the case and my warning to others is - be very prepared!
I wasn't prepared enough for that question and because I had no case in law to show him that was that.
It was so overwhelming that I didn't push the point that s127 1&2 were repealed from CPR April 2007 onwards and just wasn't able to get my argument across.
I think this is where I lost it.
For whatever reason he didn't have a copy of my defence or witness statement (the solicitor for Hoist did have a copy),
he hadn't looked at the case prior to us going in.
He then spent 5 minutes reading my copy and then asked the claimants solicitor to counter my ws.
She showed the copied application form which he said was completely illegible but accepted her argument that you could make out my signature and the date.
We spent a short time discussing the Mercers default notice and he checked some very large books and concluded that it was an acceptable default notice as they were acting for Barclays and he didn't know of any where in CPR or Consumer Credit Act that the notice had to be from the original creditor.
I continued to argue the point that the recon dated 2010 couldn't be acceptable as they couldn't show that the terms were the same as an original in 1994 creating an unfair relationship. The judge stated that on the balance of probabilities the agreements are similar over the years and was having none of it!
The judge also made an issue of how the debt was assigned and to whom, that this is irrelevant and they have the right to the debt
to which I replied that they also have rights and responsibilities to the debtor which they haven't fulfilled under the CPR request but again to no avail.
He did ask the claimants sol why there was no default date on the mercers notice
to which she replied 'well it was around that time' which he seemed to accept.
He also had a chunk of the claimants witness statement missing namely the Exhibit that contained all the notices of assignment etc and took her word for it when she said they were all in the file.
I'm a bit shell shocked to be honest as I don't think he would have accepted any argument I made and had made his mind up from the start.
I asked if I could appeal to give me chance to gather the evidence for the points I'd made
but he refused and then said in his written statement he'll put in that I have the right to have a circuit judge re look at his decision if I should decide to go down that path.
I mentioned that as a layperson it was difficult to argue the points to which he replied, along the lines of 'if you use law in your argument you must be able to show the relevant points of law'.
The only plus side was that he wouldn't allow them to add any interest because of their slow response to the CPR request.
The claimants solicitor also asked for her additional costs 'as the defendant had no realistic chance of defending the claim'
however the judge didn't allow this and told her that I had made some strong points and said only standard costs would be allowed.
It would seem they can abuse the court system,
not respond to deadlines
or provide the correct paperwork even in the room yet still win.
She even brought a trainee into the room with her to sit at the back behind me which I found quite unsettling,
its a surreal situation that throws you off balance once in there.
If there's anything I've forgotten I'll add it when the statement comes from the court.
My question now is - should I appeal to the circuit judge? (after a stiff drink and a sleep!)
Thanks guys, cam