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[pompeyfaith]

thank you Caro and Underdog dont worry im just goin back to bed just woke to use the toilet lol and was nosy

[underdog13]

[pompeyfaith]

Hiya All ok a quick reply 4 now as ive only just got out and am sending this via my fone a case that was given 1 hr has taken over 4 because there counsel was arguing the tosh she was clearly not happy with that anyway it got adjouned again because of this and other reasons ill expand more when i get home right now i need a pint lol

[e28bigalbexley]

Were all awaiting a full briefing Pomps is having a pint and all i have is a cup of tea:(

 

AL

[WelshMam2009]

Enjoy your pint PF...you deserve it!! Looking forward to your update...take care...

[Docman]

Well done PF. Enjoy the drink, you no doubt deserve it. look forward to heaaring the details.

[angel_1]

hiya pf - fab, looking forward to hearing the next bit of this amazing journey

 

enjoy the pint

 

laters angel x:cool:

[pompeyfaith]

Hiya All,

 

Firstly my apologizes for keeping you all in suspense, good home and fell asleep due to not much of it last night.

 

Anyway this is the crutch of the proceedings.

 

The claimants Counsel was a right ---.

 

I could see straight away the DJ was interested in my witness statement and had read it page for page she said i had some very interesting points.

 

Every question she asked me about this the counsel was straight in there before i had a chance to answer this went on for quiet some time and i could see the DJ was not happy at all.

 

She commented quiet profoundly about the claimants not being there and thought this was most unusual.

 

At that point i asked what would happen if i did not turn up and she said judgment would go to the claimants with costs.

 

So i said in that case surely the fact that the claimant is not here that rule should apply to me also to which she said that is true but as you have not filed your defense yet that's not going to happen today.

 

She pick up on the fact that I requested docs in July 2008 and did not get them until 30th December 2008 some 4 mths late and that the claimant submitted an application on the 13 november 2008 knowing that they have not complied with my request.

 

She also picked up on the fact that the claimant stated in one of their witness statements that the docs where not supplied because they where subject to a fee because they related to data protection.

 

She stated this was not the case under CPR as its a court order and the fee only applied to SAR requests.

 

By this time i was getting quiet excited she clearly knew the consumer credit act and CPR.

 

She also agreed with me that the alleged agreement that they now say is an application form is not readable and that they will have to prove a clearer copy at the next hearing.

 

She also agreed that the terms and conditions where from 2007 and not part of the same document because the APR's and fees where different on each document.

 

Summing up she said that she going to adjourn the case until 12th may 2009 because there being issues as to the substance and extent of the Defendants deemed defenses to the claim and the impact thereof on any witness evidence and whether the claimants and witnesses need to appear.

 

She went on to say this case will have an effect on the wider public so i need to be clear in my mind of the facts and as you have denied the defendant his right to file a fully particularized defense i have no option than to adjourn and give the defendant that right.

 

So i have until the 17th march to get that into the court and copy it to the claimants.

 

So not all is lost a partial victory i think

 

Regards

 

Pompeyfaith

Edited March 3, 2009 by pompeyfaith

[underdog13]

Well all things considered, I'd say that was a pretty positive result, PF:)

 

Your Judge sounded pretty good - I do hope you get the same one next time - at least she seems to know her stuff!

 

Roll on round 2; let's hope you give MBNA a real hammering:D

[pompeyfaith]

 

Their is the order issued today

 

PF

[pompeyfaith]

I will indeed as she has reserved this case

[underdog13]

Brilliant:D

[pompeyfaith]

One thing i will have to get is the law books because the counsel was talking so much ---- at times and reffering to these books i had a job to follow him at times.

 

Ill have to check out the libary nearer the time.

 

PF

[pompeyfaith]

Underdog as i said she is very much interested in this case because of the impact to the public so she wants to see it though hence why she has reserved it.

 

I will also have to hunt down a card carrier im sure i got one in this house somewhere we never throw out paperwork it gets put in carrier bags and stored in loft.

[WelshMam2009]

Well done PF!!

 

Large corporates like MBNA seem to think that they're above the law, and can buy they're way out of any trouble, something which the DJ appears to have picked up upon.

 

Not sure why she said that the ruling would have an effect for the wider public as surely, there is already pre-existing case law from the House of Lords which would take precedent over this anyway? Any ideas??

 

Once again, congratulations...let's see if you get offered a settlement in the meantime!!

[pompeyfaith]

WM i pretty sure she was making reference to the enforceability and un-enforceability of agreements

[noomill060]

Subbing. Good stuff, hopefully they will want to settle soon.

[pt2537]

One thing i will have to get is the law books because the counsel was talking so much ---- at times and reffering to these books i had a job to follow him at times.

 

Ill have to check out the libary nearer the time.

 

PF

what law books do you need my friend, i have quite an extensive law library and im only down the road from you;)

[caro]

Well done PF. Softly softly catchee monkey.

[pompeyfaith]

I could do with CPR rules book and consumer law books PT

[pompeyfaith]

PT it is now to late to get a solicitor and how do i go about legal aid does that cover cases of this nature ?

[pompeyfaith]

Edited March 3, 2009 by pompeyfaith
LINK REMOVED

[e28bigalbexley]

Onward and upwards Pompey you deserved that pint afterwards.

I bet PT has got you at the top of his subscriptions list

In the words of 42Man 'Go fillet their donkey'

 

Well done AL

[pt2537]

right, law books are very costly, and the type you are looking for, for example my blackstones was well over £200, plus the civil court practice Green Book was £348 each book, theres 3 volumes

 

With regards to representation, if you get legal representation then you will not have to worry about the books etc as a good lawyer willl have them,

 

if you are fast track or multi track then you may be able to get a firm to take you on a CFA or conditional fee agreement which is no win no fee in essence and they would recover the fees from the other side

 

with regards to MBNA barrister, bless him hes still a young pup,

[angel_1]

hey there you go PF,,, the wider audience i hope she means the rest of us mere mortals chasing mbna,,,,lol

 

glad this has given you further hope and its sure given me substance to digest your journey

 

i keep looking at my sill unreadable copies of supposed front and back offf mbna as if they are a legal piece of paper, and i know i can follow your path with a lot more confidence

 

mine are very much lower than your amount, but now its about the principle and to stand up and be counted

 

its a good day today,,,, keep the faith

 

laters dudes angel x:D