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What happened in Preston County Court today!!


Loan Ranger
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Best of luck Loan Ranger.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Fuzzy wuzzy my horoscope for today says ' Would you like a fool proof 100% guaranteed way to win any argument? OK Here we go. Follow these instructions to theletter and no one will ever get the better of you again. Don't engage. There that's it. All you need to know. To enter into an argument is to lose far more than you can ever gain. If you are truly confident of your ground, you don't need to get excited about defending it. It's quite sufficient to explain. Make your point clearly and firmly, then leave the conversation alone.'

Feeling confident.

Thanks for leaving a message.

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Hi Ho

Atended court this morning and was met with a Barrister representing Llyods TSB :( ! He introduced himself and said that he was attending only to propose a Stay or to achieve an Urgenment. He went on to state that he would not participate beyond this, if the Judge saw fit to apose both of these.

Once in the Court Room the Judge basically said that in light of the OFT proceedings he felt that he was in no position to hear this case as he felt it was being nationally dealt with already. He also went on to say that he would not of usually have agreed to this mornings hearing but in light of TSB's poor actions regarding the return of documents in accordance to the Court requirements that he felt it was only fair to give us a chance to speak. However it was clear from the off that his decision to implement a Stay had already been decided. Not on behalf of the bank but on the behalf of the court as he felt that Court time was being wasted as this matter was already being dealt with at a higher level by the OFT. I tried to object to this using the 'Objection Of Application For Order Of Stay'. The judge glanced at this and said he had seen this document several times before and asked to see 'section 9' (The OFT's Particulars of Claim) that this document stated was attached.......oops, never heard of having to have this section to reference? This we hadn't foreseen as we had rung the court the day before and was assured that a Stay was not in place. He then proceeded to basically say that he was putting into affect the Stay until the OFT's test case has been finalised. However he went onto state that if this was ruled in our favour we would be able to charge interest and also perhaps recoup any finanical loses that we had incurred through attending today.

On a sad note for us all are hard work was to no availl as the court had misplaced our bundle and the Judge hadn't even :mad: seen it!

The Judge warned us that if we were to pursue this further that it could be to our financial detrement as the next court hearing would take a full day and we would need to employ a legal professional for the next stage. So for the amount we wish to reclaim it simply isn't worth it if we lose or if we recieve a second Stay.

On a high note TSB has had to pay for the services of a Barrister today but ironically this probably cost them more than it would have cost them to settle in full with us!! BULLY BOY BANKS:confused: :rolleyes::mad:

The Barrister on leaving the court said he was sympathetic to our plit as ' the bank nicks money from me also!':)

Time to return to reality and retreat from the virtual!!

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Loan Ranger,

 

I know how you're feeling - what you said happened today, was pretty much word for word what happened to me yesterday - and yes, they lost my bundle too!

 

It seems that there are now two very different sets of rules....

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I would not advise you to cancel your claim. As the judge has applied the stay I would just wait and see the outcome of the OFT's action. You will still be gaining interest. The chances of you losing and having to pay costs are very very slim to say the least.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Sorry to hear about your stay Lone ranger. At least the old fart at Preston had decided my case against Barclays was being stayed prior to me turning up.:smile:

 

I agree with the previous post however that theres surely no way they can get away with giving us nothing.

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The Judge warned us that if we were to pursue this further that it could be to our financial detriment as the next court hearing would take a full day and we would need to employ a legal professional for the next stage. So for the amount we wish to reclaim it simply isn't worth it if we lose or if we recieve a second Stay.

 

Regarding that above, are you referring to the judge saying pursuing it will be to your financial detriment, was (s)he talking about i) applying to lift the stay ii) or generally continuing with your charges claim and waiting for the test case outcome.

 

I presume the former, i.e. i).

 

Unfortunately you will just have to wait, all is not lost, just as the judge said, the interest will be accruing.

If I have been helpful please click on my star and add a comment.

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