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About Singaporesmoke

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  1. I went to the court of appeal on a case that was originally for for £680. I had to do it all myself as although I was on very safe ground, i.e. the magistrate made an a55 of himself, i did not want the cost of a lawyer if it went south. Likewise, I asked for costs when I won and got nil awarded, despite spending fully 5 minutes doing an Al Pacino impersonation from Carlitos Way. Its hard work and the court system will give you zero assistance. You may well get £1 a week payment but ultimately you still have to pay c3k. It sounds like the DJ got it wrong and if the agreement is not in the
  2. How did you go Copier? Thought you had the hearing this week. Hope it was good news for you. Cheers
  3. Not for everyone, but have you thought of appealing the decision? It has to be on a point of law but any Judge cannot go against precedent or legislation, unless they are a higher court, which this wasn't.
  4. The rule is simple. If its not in the WS then it shouldn't be allowed as evidence. In Denton, you can apply for relief if you have forgotten something but it has to be material. Judges can allow anything they like but as in my case, presenting proof of payment on the day of the hearing went down like a lead ballon. If the other side have presented something to the judge they have to allow you to see it and they have to apply for relief. Wilson is also a simple issue. If there are no true copies of the agreement in the prescribed form then the agreement
  5. Hi Copier. In a nutshell, as I had made several payments after the DN had been presented and I had a complaint in to BC about fees/Interest that shouldn't have been attached, my first stab in court was that the debt had been extinguished by agreement with BC and the DCA were punting it. Unfortunately, I didn't include the bank statements in my WS (I didn't have them at that point - genuinely) but the Judge was really prepared to admit late evidence, so they kind of "hung around" in suspension. When asked if I had any other defence, I launched in to the well
  6. Thanks Andy and all at CAG. You can add another one to an impressive cv. I'll add a couple of other anecdotes too. Firstly, the Cohen rep, charming as she was, would have sold her mother for the price of a mug of tea. She hadn't read the notes/WS either and asked me before I went in if there was anything we should discuss. I said no but I did show her evidence of the payments. She was about to call HPH2 to take advice, I suspect probably to call it off. As it transpired, the judge came to her defence by not really allowing the evidence to be submitted. Secondly,
  7. The verdict was in my favour thankfully. It was no shoe-in and I shall duly report some issues that will be of value for future court attendance in similar CC/DCA actions. Firstly, be aware.. . the judge ruled both sides in breach of not supplying WS on time. I actually called the court to ensure I was in time and they still got it wrong. The Judge said they shouldn't have given any response as its deemed advice. Hoist lost out big time as they didn't get theirs in to the court until 27 June and the LA for Cohen had no excuse. The judge said she kind of believed me, but it was sti
  8. Actually..... one last question. I'm going anywhere with it, just wondering. How does it fit with data protection - the DCAs going to the OC and asking questions? On mine, they reckon they spoke to Barclays about my complaint and was told it was settled. It wasn't of course but should BC be passing out data?
  9. Thanks Andy and all the CAG team/contributors, your input has been excellent and thoroughly appreciated. I'll report back on the outcome ASAP. Cheers
  10. OK. In case someone is on the red eye, here is my first draft in respect of Fridays court appearance defence. Obviously interested in areas to sharpen it up and of course, rectify errors and add opportunities. Hoist Portfolio Holdings 2 Ltd defence.pdf
  11. Clear. Thanks again Andy. If of interest, I will post my defence on here prior to Friday and let you know how it goes.
  12. Ta. and.... why no Termination notice for me? Any thoughts on that Andy?
  13. Thanks. Another Q (similar) on the DN - the dates give 12 days, not 14. Is that a slam dunk non-compliance go and have drink type scenario that no ducking and diving by the litigant assistant can avoid?
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