Nottsdave/Capquest-Court date soon.

[Nomore Baloney]

Surely the judge wouldn't ignore what you say? How rude of him!

 

Seriously, I think it depends on what they are arguing about really.

 

It just goes to show, if your a lawyer and are worried, what chance has Joe Public got?

 

Anyway, if you could post up the issue, I'm sure we will do everything poss to help. Good luck, join the club, LOL

[jeccapf]

I havent figured out the scanning in thing yet but in short

 

got hutchinson phone and dongle, didnt work coz no signal, returned them (hutchinson now dispute that) they put defaults on my credit file, one for £30 the other for £35 but THEY put the account as closed. I tried to argue that a) phone contract isnt a credit agreement so default isnt applicable, b) not fit for purpose coz didnt work c) contract ended so is right to share my information d) willing and wanting to talk (they ignored this)

 

I served a stop notice, still said want to talk still ignored

 

I also contacted the CRA who contacted them and the reply was "we dont want the default removed" no addressing of any points, no reasons, just 'dont remove it' which the cra thought was acceptable but I actually dont.

 

lots of contacts like that then I eventually served in county court for breach of the stop order, equipment not fit for purpose so contract breached, inappropriate default and in dispute so ask for it to be removed.

 

They served defence saying contract still running so stop order not applicable

counter claim for £121 for early cancellation of contract (oh yes on the contract I signed I did cross out the share information clause and the shop attendant didnt notice and so accepted it)

 

They've completely ignored the amounts that they've put on the defaults and the fact that they wrote saying account closed and put that on the credit file too.

 

all I want is the defaults removed, hate county court and no the judges dont always treat the litigant in person well, would even pay them if they agreed to remove the default, but paying them and keeping the default is not acceptable to me.

 

My son suggests that if I go to court and lose, the default becomes a judgement and if you pay a judgement within 28 days it doesnt get on your credit file, in which case, what am I fighting for?

this is the only problem I have with credit, I'm almost debt free, my file would otherwise be healthy, I'm lucky, but this case still has the power to bring me down.

[jeccapf]

A ha PT viewing this thread and he's defo the man who can on these issues, so PT I'm asking you is that right? A default will turn to judgement and a judgement paid in 28 days isnt on a credit file? Is that right?

[Nomore Baloney]

On the 'share info' bit you crossed out, Is it legible on your copy, which I assume wasn't the top copy?

 

I wonder if you could do 1974 CCA request to them. They are legally obliged to comply (if indeed it is a credit agreement). This could hopefully give you the tools to drive a coach and horses through their defence at court.

[jeccapf]

On the 'share info' bit you crossed out, Is it legible on your copy, which I assume wasn't the top copy?

 

I wonder if you could do 1974 CCA request to them. They are legally obliged to comply (if indeed it is a credit agreement). This could hopefully give you the tools to drive a coach and horses through their defence at court.

 

its not a credit agreement its a phone service agreement but my understanding is that this means it shouldnt be put as a default coz default is a particular thing under CCA

[jeccapf]

I'm more interested in this thing that if I lose the default becomes a judgement and I can pay it to get rid of it - which seems to be a get out of jail free card if its true, does anyone know?

[Conniff]

In the absense of a knowledgable reply, I would say no. Payment will stop the judgement going onto the file, but won't remove the defaults.

[jeccapf]

bother!

[jeccapf]

well then I'll have to fight in court, will start my own thread, dont want to highjack Nottsdave's issue - but if its ok with you guys I'll follow this too coz its exactly the negative attitude of the district judges (actually more commonly deputy judges) that concerns me about going to court.

[Nomore Baloney]

As a matter of interest, why do you think the judges have this attitude? If one could work out why, then it would be easier to work out a strategy to get them 'on board'.

 

Is it because they have a mindset of, 'yeah, yeah, heard that one sonny?'

 

I'm afraid it's not a good advert for the system is it?

[Conniff]

As a matter of interest, why do you think the judges have this attitude? If one could work out why, then it would be easier to work out a strategy to get them 'on board'.

 

Is it because they have a mindset of, 'yeah, yeah, heard that one sonny?'

 

I'm afraid it's not a good advert for the system is it?

 

My personal feeling is because he will be public school educated and daddy has lots and paid for him to go through law school - they have no time for council tenants or those from inner cities. If you never went to school where fees had to be paid and wear a pinstrip shirt, you're just an oink, a common peasant, you make his court smell, so must be wrong.

[jeccapf]

My personal feeling is because he will be public school educated and daddy has lots and paid for him to go through law school - they have no time for council tenants or those from inner cities. If you never went to school where fees had to be paid and wear a pinstrip shirt, you're just an oink, a common peasant, you make his court smell, so must be wrong.

 

 

Thats actually quite close, but a little simplified, I'm in criminal law but we do see something quite similar there, each court has its resident judges, and in general our cases have the same barristers (we have favourites) so we all know each other, in that respect it is sort of a club and (if we did see many defendants in person) they wouldnt be in that club.

 

Its not a simple class thing, I was a single parent on benefits did my degree at home with the OU paid for with grants from benefits. I didnt go to a private school, I was most definately an oink.

 

however most significantly, and the biggest reason for the attitude is that we do, daily, see people who have looked up bits of the law on the internet - they see microcosoms of the law, they see snapshots and then think that they have a full understanding, when actually they're missing major points which change the picture significantly.

 

So the Judge in his chambers, he already knows the lawyers on the companies side, they are in the club, and the litigant in person is someone who has looked up some microcosom on the internet - added 2+2 and got 12 1/2 so his immediate attitude is "you really should consult a real lawyer you know" and he doesnt bother to even listen.

 

Thats essentially what the problem is, not class, not public school only, but it is a general opinion that joe public is too thick to understand legal argument without using a lawyer and there is in my opinion a prevailing attitude of not listening to joe public as carefully as they listen to joe lawyer.

 

So you do get "you really should consult a lawyer on this" although I think that Judge described earlier is possibly an extreme case, in being quite so brazen about it, my opinion is that the general attitude is endemic.

 

how do we overcome it? I suspect only by dotting every i and crossing every T and making sure proof of our legal arguments is in the court bundle, so when he says credit cards dont need... or whatever, we are, there and then, in a position to say, excuse me sir, but let me refer you to the law.

 

Perversley, County Court ethics are that they are supposed to put us on a level footing with the lawyer, in practice, they dont.

[freethemice]

Hi jeffcapt.

 

Would feel it best opening your own thread with this as you do seem to have some insider info on how the court system is used and you do have a valid topic with regards to your mobile phone contract.

 

Have you actually contacted the company and stated without prejudice you would be willing to make full payment if they removed these defaults? Would be suprised if this option didn't appeal to them.

 

Have found the following link on mobile phones which may be useful

 

http://www.adviceguide.org.uk/index/c_mobile_phones.pdf

 

It may be that the default isn't on a contract regulated by the consumer credit act. Like overdrafts some type of contracts are exempt from this legislation.

Good luck

[GamekeeperToPoacher]

Hi Notts and Perdita,

 

Have you any further information re: Judge Beale as I have just noticed he was the judge in your case.

 

Where are you now with these?

 

GK

[Perdita]

Hi Gamekeeper - I havent got a hearing date yet, its scheduled between 14th sept and 2nd october and im absolutely dreading it - are you in the same boat??

 

P x

[GamekeeperToPoacher]

Hi Perdita,

I will PM rather than hijack the thread

 

GK

 

Pm'd

Edited August 14, 2009 by GamekeeperToPoacher
Updated

[andymanx]

Hi, sorry to hijack the thread but please can someone pop over to my thread @ http://www.consumeractiongroup.co.uk/forum/legal-issues/214746-court-action-advice-needed.html when they have a spare minute as I need some help with my Court Action. Thanks.

[Nottsdave]

Hi Gamekeeper,

 

The Judge Beale adjourned my case until Oct, I have since appointed Legal representation .

 

Notts

[GamekeeperToPoacher]

Hi Notts,

 

It looks like I will go in to bat first then as mine is Sept 9th.

 

In some respect I am looking forward to it but am slightly worried about their powers under contempt of court regs. I was once 'held' for contempt in the magistrates court where I was working so I will take a thick book with me and my toothbrush LOL

 

GK

[jeccapf]

Hi Gamekeeper,

 

The Judge Beale adjourned my case until Oct, I have since appointed Legal representation .

 

Notts

 

Can I ask who you have appointed? I only ask coz I'm in the same area and may be interested in seeing if they can help me too. Are such questions allowed in this forum?

[Nottsdave]

Hi Jecc

 

PM me

 

Notts

[freethemice]

Can I ask who you have appointed? I only ask coz I'm in the same area and may be interested in seeing if they can help me too. Are such questions allowed in this forum?

You would be best doing this through pm as this could be cla

ssed as advertizing which is against forum rules.

[jeccapf]

You would be best doing this through pm as this could be cla

ssed as advertizing which is against forum rules.

 

I thought that, but, being abit dim here, how do I pm you???????

[jeccapf]

OH I figured it out! (soooo proud of myself! lol!)

[Nottsdave]

Help.

 

I have to produce a Witness Statement by this Thurs can anyone help please.

 

 

Notts