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Hi everyone, starting to get panicky, court in a few days :eek:

I have WS and copies of exhibits, more info on hearsay, extra info on DNs and copies of cases referred to.

Can anyone think of anything else I should be doing?

Thank you

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Just make sure you have everything in order. Make sure you have tabbed everything so you know where to find it in your own bundle.

 

Have a read of BRW's empty desk trick post

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2171582.html

 

Try and remain calm:D

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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Good luck Cy. Hope 2010 starts off well for you.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Cy.

Now that I have skimmed thru your thread I apologise if I appeared to be trying to teach my granny etc; on the other thread. The words looking and leaping spring to mind.

John

 

No need to apologise, i was just trying to warn that things aren't always as obvious as they should be and to be pprepared for the worst!

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Good luck Cy. Hope 2010 starts off well for you.

 

Thank you. I'm spending my time trying to find everything that I have quoted so that I can hopefully appear to have some knowledge and not just 'paragraphs'!

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Good luck Cymru.... hope you win in the judges lottery!

 

I am sure you will present your case very authoritatively.

 

Thanks for your support and vote of confidence

 

MMmmm I think it is much easier to write authoritatively when you can refer to documns at leisure than to argue a case, but we'll just have to see :rolleyes:

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27.8 Conduct of the hearing

(1) The court may adopt any method of proceeding at a hearing that it considers to be fair.

(2) Hearings will be informal.

(3) The strict rules of evidence do not apply

Does this have any bearing on hearsay and disputing WS on behalf of the claimant?

Thank you

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Judge Waksman said last week in his ruling:

  • Lenders do not have to provide a copy of the original agreement. They simply have to provide "a reconstituted version... which may be from sources other than the signed agreement" under Section 78 of the Consumer Credit Act.

Does this have any bearing on an illegible application form? Trying to be prepared for court!

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Anthrax alert at debt collectors caused by box of doughnuts

 

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Dont give up now Cymru, you've come so far and learnt so much.

 

What have you got to loose really? If you go to court there is a pretty good chance that you will win, if you dont you've lost anyway.

 

I'm confident you can pull it off.... go get um girl!!

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cymruambyth are you well and happy new year to you.

 

 

please do not forget its not for you to prove anything it is to them.

 

So please stand your ground for gods sake your from Wales,

 

 

Kind regards lilly

Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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OH now says case is rubbish and not worth going to court! Any words of inspiration would be greatly appreciated.

Thank you

 

Hmmm, does he now:D Which part of it does OH consider to be rubbish then ??.

 

Seriously, at the end of the day, the decision has to be yours.

 

I dont think anyone can say with 100% certainty that you will win the day. If it were me then I would be going ahead.

 

Either way, you must turn up on the day or judgement will be awarded by default. You never know, perhaps the other side are feeling the same and will offer a last minute deal.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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OH now says case is rubbish and not worth going to court! Any words of inspiration would be greatly appreciated.

Thank you

 

Sounds to me as though OH has either had too much festive cheer & is now feeling the after effects of apathy or is secretly finding the thoughts of an appearance in court a bit scary.

 

He's not the only one to feel like that, the first time is always the worst but when you win, tell him its better than sex! :D

 

You have this one sussed Cy & if I'd put all the work in that you have on behalf of my OH I would be kicking him all the way into that hearing but you have to live with the consequences either way so it's your choice...

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Thank you everyone. He is just picking at everything that I felt confidentish :) about and it has dented my 'knowledege'. i supose i really wanted support that we should be fighting this battle. The stupid thing is he can probably 'perform' better than I can.

Once more into the breach ..........

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well done we of course will be on your side.

 

 

lilly

Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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Thanks lilly.

I will just have to ensure that I have enough supporting legislation that I can put his way if needed.

Can you answer my earier question about hearsay evidence? With the different rules applicable to Small claims, can it still be applied or is it the luck of th draw?

Thanks

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Hi Cymru

I have to say I know exactly how he feels . I swing from confidence to despair. I apply for hearings and then I am struck petrified when I get them :eek:.

I have worried myself so much I have had a lovely dose of shingles all over this festive period .

But somehow when I get there in front of the Judge I find my courage and do my best ...What else can we all do ?

Sometimes we will win and sometimes we will lose but one thing that is for sure if we dont fight we have lost.

I think he will find the will to fight and tell him sometimes we agonise and analyse everything too much .

Remember for them its just one of 1000s of cases . Its all we think about but how much time do you think they give to each case ?

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