Has anyone won in court against LTSB & SCaM?

[cymruambyth]

Like many people I've been following all the LTSB cases and have noticed that despite having apparently strong cases, no-one seems to be winning.

Has anyone?

Are there any good strategies that we need to be following?

Any advice or suggestions would be gratefully received.

[Viano]

My case, in retrospect, was not as strong as I thought. On reflection, and having gone to Court I lost, among other things, because there was writing on the top of the application form which was deemed to be the acceptance of the application therefore making it an agreement.

 

My statement of case was too sketchy and did not include enough case law, case law or authorities.

 

Hurstanger was not accepted because the 'four corners' rule was advocated by the other side, and accepted by the Judge, to have four corners on a piece of paper, not as I thought, the four corners of the signed side of that piece of paper.

 

As I said above, in (your) Statement of Case include ALL law, ALL the case law you find and ALL the authorities you can find. I produced a cut down version of MacLeod Consumer Law and Practice this was poo pooed by their Council because, although this had reference to Goode, and that although he is a Proffessor of Law and having published on that subject he was not accepted as an authority, I had not included that reference. If you do not put something in to the SoC it won't be heard (accepted) by the Court. I of course took more than suggested above, but I didn't present it properly.

 

Be aware that their Council is good, but I don't know that she is that good, and against a LiP she looks brilliant. In Court their barrister will only vaguely address what you have said, and then go on and press his/her points regardless of what you have said.

 

The Judge will listen to them as the sound more autoritive.

 

They can be beaten but you must try to be professional, and as has been said elsewhere on this forum check, check and the check again, and then check once more.

 

Do not rush. Take your time and DO NOT LEAVE IT (anything) UNTIL THE LAST MINUTE.

 

Rather rambling and vague I'm affraid but hopefully of some help.

 

I'm not much use at Law but I learnt from the Court experiance. Let me know if you think I can help.

 

Viano

[cymruambyth]

Thank you for your prompt and open comments. There just seem to be a lot of cases of LTSB winning and without knowing the Caggers involved it's difficult to judge the reason for this.

[Viano]

It is also, maybe, that they are somewhat more diligent in the way they do things, or on the other hand it is possible that WE are getting too complacent.

 

I hope that doesn't sound bumptious, but as I said earlier, we have to be more professional. I will be if there is another time.

 

V

[Tonka99]

Hello cymr

 

Dont be frightened of them i hear what your saying there has been

a few this last couple of weeks that havent done so well , there is

always going to be you win some you lose some cases , I as you know

won my SJ and am in court again on Tuesday , then again at the end of the month for the big one .

 

We all learn as we go and sometimes it just is not enough , I have spent

the last 9months on this case and am exhusted by it all, fed up and will be

so glad when the case has finished , however if you are prepared to learn

and listen it is quite possible to Win , ten years ago I would never have

dreamt that I would be having to go to court to fight it out with Barristers

DJ ,s ect most people on this site are unluckly in finding themselves in a

postion of being taken to court , I am fortunate that I have such good

advice to follow it is a self help site but the support and kindness of the

people on it make it a nice place to have to come;)

 

Never say Never do the best you can if you win its a big bonus .

 

The thing that really grates at me is that **** watch my every move

I think thats really sad , pity the Legals is open to guests I understand

why it is , but it has been proved when **** barrister produced a copy

of my DN taken from my thread into court that they are watching HELLO

 

 

Anyway Cymr you go for it

 

All the best

 

Tonks:)

[cymruambyth]

Thank you. I have been watching both threads and wondered whether [problem] are that good, or whether we need to be more dilligent or as Viano said 'more professional'