Cabot Claimform - Barclaycard 'debt' ***WON ON APPEAL ***

[pompeyfaith]

this needs moving to the legal forun i suggest u message a member of the site team u will get more focused help in there

[stebiz]

I've asked for it to be moved. Are there any Barristers on here who specialise in Consumer Law - Liverpool area please!!

[cadencealex]

Having read this thread further... that is a damned disgrace!

[havinastella]

Stebz, wasn't this also Stat Barred??

[fedup74]

I still can't believe this. Are you ok stebiz? Keep at it. Once it's in the legal issues you should get loads of good advice there.

[stebiz]

I still can't believe this. Are you ok stebiz? Keep at it. Once it's in the legal issues you should get loads of good advice there.

 

To be honest I really feel as if I've been kicked in the b*lls. I have spoken to so many so called experts. Here's some of the responses, after being passed to so called experts.

 

_____________________________________________________________

 

Solicitor: 'Let me explain. You have a judgement. You have 28 days to pay if you don't want a CCJ.'

 

Me:Yes but I don't agree with it. I want to have it set aside on a point of law. They didn't have a Consumer

 

Solicitor:Credit Agreement. Well the judge has made his decision

 

___________________________________________________________

 

A Barrister on Consumer Law in Liverpool:' I know exactly what you mean. I have a few of these at the moment, but I only work for Solicitors. Can you recommend one. Sadly no. Contact the law society'

 

_____________________________________________________________

 

I then phone Law Society and the same Solicitors who are experts in Consumer Law and are a 2 man partnership are experts in everything-

Accidents, Industrial Injury, Family Law, Conveyancing, Wills etc etc

 

_____________________________________________________________

 

Consumer Direct 'Oh if it has been to court we can't help, Phone the FSA'

 

____________________________________________________________

 

Rang FSA ' We can't help phone Consumer Direct'

 

_____________________________________________________________

 

Community Legal Service (Legal Aid) Phone Consumer Direct or a Debt Counselling Service

 

_____________________________________________________________

 

I just can't believe this is happening. My head is splitting at the moment. I will happily pay a barrister to turn this around.

 

Stebiz

 

And yet again thanks for all your support. You know more than some of the so called experts!!

 

Stebz, wasn't this also Stat Barred??

 

Sadly not I made a payment about 5 years ago.

[pt2537]

if you intend to appeal then you Must make sure you make an application as soon as possible

 

with regards to the judgment, I am unsurprised, this is becoming a regular occurrence and one which bothers me,

 

A good Barrister to instruct on this would be Bradley Say at Gough Square chambers. you would need a solicitor to instruct him most likely but he is one of the best and arguably that agreement does not have the prescribed terms and is not enforceable

[hammyhound]

Stebiz will be checking in on your thread but that is shocking. When you mentioned Liverpool I couldn't believe it I have had an application for a charging order hearing to made final in March in the same court. The application was made by the judge who did not have the court file at the time and it is written in the court file now that judge was without court file when application granted. I have a CCJ with monthly instalments and yet because he did not have the court file at the time he let the application go through and all this at much expense to myself Shocking!

[supasnooper]

Write to the court asking for a transcript of the jhearing.

 

It may highlight how the judge arrived at his decision and give grounds for an appeal.

[shammy36]

Hi Stebiz,

 

Dont give up !!! What an absolute disgrace !

 

Chin up

 

Sham

[underdog13]

The judge is an absolute disgrace - I'm so sorry Stebiz. Good luck with the appeal

[tiokim]

subscribing

[Desperate Daniella]

I would have thought it was stat barred too?

 

Others here will give you the right legal advice. Clearly the judge just wasn't interested in the law. You had the money, so you must pay, even if they "can't" enforce it by law? What a travesty. You surely have grounds for an appeal here.

 

This is very bad news.

 

Hang in there. We are all with you.

 

DD

[tiokim]

was your defence a holding defence?

[Desperate Daniella]

Just another thought, Liverpool is Mercers-Land. You appear to have got a judge who just totally ignored the CCA 1974.

 

From what I know of the legal profession, and it is just a bit, all these people on the circuits/areas know each other.

 

Whenever I have clients who are in litigation in, say, Surrey, I always tell them that they must get a London (or anywhere else outside the area) solicitor. Otherwise it is a network of people who play golf together, know each other socially, and so on. If people have taken my advice on this they tend to do rather better than those who don't. Most people wouldn't know the difference between a good solicitor and a bad one, and if they are in the same local area, it is very dodgy.

 

I think you have been stitched up.

 

DD

[buffyoo7]

hi stebiz it all seems so unfair i hope you will fight this dont give up

iive just got 1 question who was the judge i am in court soon in liverpool and if i have got the same one you had might give up now buffyx

[broken arrow]

Sorry to hear about your hearing I am presently appealing a similar judgement against me.

 

as pt ( paul) stated earlier you will need to get your appeal in asap,mine was late and I had to pay extra and state reasons for late application.

 

I am presently waiting for a transcript of the hearing which the appeal judge has requested.

 

The form you will need is n161, in my case I am appealing on case management, no default notice and unenforcable CCA.

 

good luck

 

BA

[stebiz]

if you intend to appeal then you Must make sure you make an application as soon as possible

 

with regards to the judgment, I am unsurprised, this is becoming a regular occurrence and one which bothers me,

 

A good Barrister to instruct on this would be Bradley Say at Gough Square chambers. you would need a solicitor to instruct him most likely but he is one of the best and arguably that agreement does not have the prescribed terms and is not enforceable

 

I have contacted Bradley Say to see if he can help in anyway. I will gladly pay a Barristers Fee, what have I got to lose?

 

Steve

[debbbbsy]

You should contact the courts ASAP & get a transcript of your hearing.

 

Once you have this, go through it & put in a complaint about the Judge. Yes you can do this. If mistakes have been made, don't be afraid to challenge this jugement.

[stebiz]

You should contact the courts ASAP & get a transcript of your hearing.

 

Once you have this, go through it & put in a complaint about the Judge. Yes you can do this. If mistakes have been made, don't be afraid to challenge this jugement.

 

I will contact them in the morning. He did say it was being recorded. Do they send a tape or is it in type?

 

I want to get the set aside in ASAP but I don't want to do it wrong. Do I keep it brief? or include all my reasoning.

 

You Guys have really kept me going today. It really is appreciated. At one stage today I just felt like giving up. A grown man breaking down - silly really!! 10 bloody years I've been trying to get on track and just when I have - this!!

 

Stebiz

[Desperate Daniella]

Debbbbsy is right. You can put in a complaint about the judge. Someone here will tell you how to do it.

 

DD

[Von Greenbach]

Hi stebiz

 

I'm so sorry it went against you, what bloody chance have we got with ingnorant judges?

 

Your is the 2nd thread I've read on here today where the defendant has lost.

 

It does not install any confidence in us as LIP in fact my hearing has been rescheulded for 4 weeks, reading your outcome I'm now bricking it.

[noomill060]

stebiz-

 

OK, youve had a bad day, but dont let them win.

 

Appeal appeal appeal

 

We all KNOW that justice has not been done.

[Desperate Daniella]

Sorry, Stebiz,

 

Of course you are feeling absolutely miserable now, and I would be too. But you did win against the others, so four judges have agreed with you but this one didn't. Of course you must get the transcript, and if you post it here you will get advised what to do next. This particular judge may have issues with what we are all trying to do here, but that doesn't change the law. Complain about him.

 

Big hug,

DD

[underdog13]

Hope this helps:)

 

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