D/judge Made Wrong Decison What Now??

[Mydogsawestie]

Has he eaten it?

Will he be allowed..or perhaps he's planning to use it to light the fire with on bonfire night!

[booda31]

Well done mate, you have done brilliantly, and thanks for you kind words and link to yours on my thread

 

I will be keeping my eyes peeled here

[Mydogsawestie]

Well its now 5mths on into Dec & having rang the court yesterday it seems there is still no news from my court hearing in July so I am no further fwd. How miffed Restons/MBNA must be to not have had any pennies all this time either :grin:....I'm sure tho when the judge is ready he is ready so I will continue to sit tight for now ..... The court also told me the claimants hadnt chased for any directions either

 

Still finding it bizaar 5mths on no outcome yet, apparently the file still sits with him at his chambers. Its certainly the longest 2weeks I've ever experienced for the outcome/directions to be given :-|!!!

[mandyjayne]

Well its now 5mths on into Dec & having rang the court yesterday it seems there is still no news from my court hearing in July so I am no further fwd. How miffed Restons/MBNA must be to not have had any pennies all this time either :grin:....I'm sure tho when the judge is ready he is ready so I will continue to sit tight for now ..... The court also told me the claimants hadnt chased for any directions either

 

Still finding it bizaar 5mths on no outcome yet, apparently the file still sits with him at his chambers. Its certainly the longest 2weeks I've ever experienced for the outcome/directions to be given :-|!!!

 

 

Hey MDAW...how are you and your westie dog? just saw your post on 007's thought i had better not hijack that one with "how are yous"!

 

Yes its not all bad with todays outcome but just wanted it over and done with...you know what i mean im sure!

 

See yours is still hanging in the balance:-o that is the strangest thing!

 

Well hope you had a good xmas and NY and heres to a brighter debt free 2010!

 

regards MJ:)

[Mydogsawestie]

 

Yes its not all bad with todays outcome but just wanted it over and done with...you know what i mean im sure!

 

regards MJ:)

 

Yes I know what you mean MJ so thought I'd stay positive in the meantime and keep in mind the saying..."all good things come to those who wait" .....heres to our good luck in 2010 ...& will keep an eye on your threads too

[Mydogsawestie]

Got the DJ decision today JUDGEMENT in restons favour been given from the SJ hearing last July. Have to appear at a Notice of handing down of Judgement hearing 28th Jan....9 days away Been waiting on directions not this so gutted to say the least (#216 posting said he was dismissing there summary judgement until the next hearing so whats gone wrong now to receive this in the post today:??) My full write up on my day in court was posting#223.

 

Please help what do do now guys....I had such high hopes:-

My CCA has never been produced (Priority Request form no prescribed terms etc so should be unenforceable) No T & C only recent 2008 ones sent. (Judge is satisfied me having been served with a COPY of Priority Req Form & CURRENT T & C it complied with requirements of S.78.)

DN is defective........ 9th Jan remedy date 26th Jan2009 (14 clear days it was not) Judge has disregarded the practice directions given in my defence as deemed it to be served to me on the 12th Jan so exactly 14days .

 

It finishes off he is satisfied the Claimants acted properly in its dealings and I have been seen to delay & frustrate there well founded claim.

 

It seems costs & other ancillary issues are to be addressed at the hearing next week too....:cry:

Please help.......as I feel I dont have alot of time on my side & stressing now what to do next asap.....

[seriously fed up]

Could he perhaps have been waiting for the Manchester judgement? This might explain why he is satisfied with the original form and current t&cs? Of course, he is quite wrong about this. Even Waksman makes clear that they have to come up with both the original document and the original t&cs.

But in general, this seems extremely unjust (fairly obvious conclusion that?) in that he has kept you waiting since July (maladministration never mind anything else) and has reversed the judgement verbally pronounced in July. So it seems to me that in the first instance, a copy of the proceedings in July would be more than useful for you. If you follow Humbleman's thread there are details on how to get hold of this - if you havent been keeping up with it, start from about here and move on - http://www.consumeractiongroup.co.uk/forum/legal-issues/130101-humbleman-hfc-weightmans-court-21.html.

I would have thought that your judge - rather like the Humbleman's judge - would have a lot of explaining to do - not being capable of understanding a High Court judge's decision and taking six months to hand down a judgement which he has already pronounced in court but has decided to reverse. So, if its in the transcript, go for him. This of course is not to mention, presumably back dating the interest to the last hearing, and then taking all this time to hand down a formal judgement.

On the other hand, I am sorry but I dont think you are going to change his mind next week. You could produce a copy of the transcript and point this out to him. You will need to ask for leave to appeal, but its likely that is about all you could do. Sorry

[Mydogsawestie]

Thanks seriously fed up for your thoughts & will look over that link as I dont know what I am to do for the next step to be honest....am feeling stunned & of little hope with it all now tbh & wondering what I do have to do now to prepare for then, appeal/by what forms ???? :?

[seriously fed up]

You will find a lot about appeal processes on that thread too - lots of people advising. You might even think about doing a PM to Humbleman as you are both at/about the same stage. #

Might take you a while to work through it - lots of pages, but many post saying "appalled" (or similar) so not as bad as it looks.

English law aint my thing and I really wouldnt want to advise. But good luck. This is test, so keep your head up. There will be lots of people rooting for you. This looks a fairly clear injustice and I am sure you can do something about it.

[mandyjayne]

Hi MDAW

 

Good grief thats not the news i thought you would be posting...what a shock!

 

Listen dont give in, i have just read your post on another thread.

Pm 42man he is a great help and always answers. IGNM was also very clever at all this and also helped me last year, but he won his case and has now disappeared:(, dont think Andyorch allows PM's so its luck of the draw with him.

 

Someone will of course guide you through this next stage, but the worrying thing is you dont have much time! I of course can only wish you all the best;)

 

Mine is still looming over head and its all just such a downer sometimes, but you have to be postive;)

 

Sending hugs

 

MJ:)

[Mydogsawestie]

Trying to stay positive MJ but with time not on my side am beginning to feel like a rabbit caught in the headlights just now & feel so let down by the justice system whilst the other side no doubt will be rejoicing!!

 

Will do a couple of PMs as suggested by you both (thanks) in the hopes I can progress further forward with this tomorrow...its all information overload just now & am beginning to feel at a loss with it all right now....

[humbleman]

My understanding of SJ is only where there is no triable issue can you apply, if the Judge was unable to make a decision on the day. one could clearly say that there were triable issues that need to be challenged at the final hearing, thus the application should have been dismissed

[Mydogsawestie]

He hasnt dismissed or done as I thought he was going to do tho (order disclosure etc) but done a complete U turn on what was implied. I feel disheartened now with it all that he has just decided to discard this now instead as he's had hold of it for too long now.

 

Whats going to happen next wk when I turn up now...is there anything I have to prepare for it???

[bazaar]

very poor judge, I thought that he would require sight of your signature on a document which shows you accept the agreement and it has been correctly executed as per CCA Statutes, not just an application for it, who knows they may have turned you down.

Anyhow, maybe a look through the laws laid down may give you some wiggle room, ( thats if the judge allows you to say something, most likely he/ she wont).

Or save it for the appeal,

[Mydogsawestie]

Bump

 

What happens now then do I just go next week to accept the judgement willy nilly.......Then do an appeal is that the procedure or is there something I should be doing now before next week - please advise...I am confused.

 

This application should have been turned down at SJ without any shadow of a doubt.... my day in court is on posting#223 should anybody want to recap....

 

Please advise as I need to know the steps fwd now thanks

[humbleman]

can you post the notice of Judgment that you received from the court

[pedross]

I have read your post 223 and I understand your surprise at the latest news. It seems strange reading all of the points put across that the judge decided to make the decision based on the SJ hearing as you had some valid issues.

 

To state that valid legal arguments just delay and frustrate is not justified.

 

I think you should click the red triangle and see if someone on the site team can get the best people onto this for you.

[Mydogsawestie]

Thanks for your posting pedross it is a travesty to say the least (pressed the red triangle last nite but guess other urgent cases may be needing there attn perhaps just now?)

 

humbleman am sorting out the scan & editing it now.... watch this space.

[Mydogsawestie]

Here is a copy of judgement (have noticed it was signed by DJudge Sept 2009 yet I only rec'd it yesterday from the court dated 18th Jan with the handing down notice of hearing set for 28th Jan!!!)

 

I have spent hours this evening scrutinising it (5 pages as follows)

http://i612.photobucket.com/albums/tt204/mummywith2kids/img021-1.jpg

 

http://i612.photobucket.com/albums/tt204/mummywith2kids/img022.jpg

 

http://i612.photobucket.com/albums/tt204/mummywith2kids/img023.jpg

 

 

http://i612.photobucket.com/albums/tt204/mummywith2kids/img024.jpg

 

http://i612.photobucket.com/albums/tt204/mummywith2kids/img025.jpg

 

Re the judgement.....the judge at no. 15 refers to me receiving a copy of "agreement" after proceedings had commenced ????? LIE (Do note in my amended defence posted below no.21 I do not refer to anything as an agreement (I refer it as a priority request form).

 

No.16 C challenges the DN - does not make sense (think he meant to say D here!)

No 17 No signature on this priority request form - why does the judge LIE here by saying it does. (on the day Restons tried to make out that the sticker (barcode) over the priority request form is where the signature of MBNA would be. Without the orig how will we know that though? I also said it contained no prescribed terms either. The judge clearly aware of too!)

http://i612.photobucket.com/albums/t...g?t=1242733254

http://i612.photobucket.com/albums/t...g?t=1242750486

 

No.20 Is only 13 days re the DN judge now has trashed this & said I have been allowed the 14 clear days (see my posting #223 on day in court on my strong defence regarding this which the judge seemed accepting of at that time!)

 

I clearly feel this is not right what has been served to me - why have I only just rec'd it now when it is dated Sept 2009???

What can I do now with this judge who cannot be bothered to uphold court law as he should have?

I have been treated unfairly wholeheartedly & just dont know where now to go with this.....

Please advise as this time next week I will have to be at the court again to be given this judgement I do not agree with...................

 

 

 

MDAW Cover Letter Amend Defence.doc

MDAW Amended defence.doc

[the_shadow]

Wow what a carve up...

 

An agreement presented with terms from 2008 and this is accepted as you having received the terms & conditions at sign up :eek:

 

Even if we take whats in Para 17/18 at value... in that you signed the form which stated "you have read the terms and conditions blah blah blah" that doesnt prove that the terms and conditions back in 2000 complied with the CCA1974 and contained the prescribed terms.

 

I would normally say its the Judge Lottery but with the number of recent cases that seem to be decided on common law principles rather than statute it would appear the tide has turned and we can expect a tsunami in the coming months

 

S.

[Mydogsawestie]

So we will all have to take it on the chin then do we how bl**dy dare them to just kick us all to the kerb like this...I am so angry its unbelievable. I just dont have barrister money tho I'm afraid but I am not going to let it kill me, it can only make me stronger as the saying goes.

 

So I accept this outcome should I???????????

[Mydogsawestie]

Bump - can anybody offer any advice re this DJ decision re #294 above with any info please...Help...

[citizenB]

I just dont understand how some of the conclusions the DJ has reached can be correct.

 

The DN was dated 9th January 2009 (Friday). How on earth can he say it was delivered on Monday 12th ?? Monday is not the 2nd business day after posting. Tuesday, 13th would have been.

 

In the absence of proof, the regulations say that 2nd class mail is deemed to have been used.. 4 BUSINESS days. MBNA inevitably use 2nd class and UK mail services.

 

There does appear to have been quite some delay in sending this to you ?

[Mydogsawestie]

Yes it is a lot of codswallop I'm afraid but a judges decision is a judges decision - or is it??? This is my question.....what to do now as the days are looming.....

 

Why dated Sept but not till now do I get it when I called the court every month to see if there had been anything sent out yet (just incase of lost post?)

What interest charges could be applied by them?

Can I appeal regarding whats been served not complying with the law regulations, do I do it before judgement next week or after???

 

I just dont know which way to take this now hence bump bump bump....:confused:

[pedross]

With regards to the DN the Judge is quoting CPR 6.26 (as amended October 2008) which treats 1st class post as delivered:

 

The second day after it was posted, left with, delivered to or collected by the relevant service provider provided that day is a business day;

 

which makes delivery Monday.

 

This puts a whole new slant on the delivery times that caggers work with. So we have two opinions on delivery times. I have run out of time to get my head round this at the momemt. I will return.

 

Pedross