series3 v MBNA/Optima

[citizenB]

Good luck for today Series3

[Series3]

Just back...

I will put a report from today up later.....I have to be elsewhere now.

 

TIP...

Whatever you do...when talking to their sols before going in to the Judge..DO NOT shove a table at them in anger and DO NOT punch them.

 

back later

 

series3

[citizenB]

Just back...

I will put a report from today up later.....I have to be elsewhere now.

 

TIP...

Whatever you do...when talking to their sols before going in to the Judge..DO NOT shove a table at them in anger and DO NOT punch them.

 

back later

 

series3

 

Aggghh, you didnt ???

[car2403]

Just back...

I will put a report from today up later.....I have to be elsewhere now.

 

TIP...

Whatever you do...when talking to their sols before going in to the Judge..DO NOT shove a table at them in anger and DO NOT punch them.

 

back later

 

series3

 

OMG! I so wanted to do that...

 

C'mon, what happened! On t'edge of my seat, here...

[NewToTheFight]

Is that ramming your point home?

[Old Cogger]

Suspence????????????????????????????? or did he not have a leg to stand on (table)?

 

Punch & Judy show??? sounds you may of made your mark, excuse the pun.

[NewToTheFight]

I won't make any jokes about a table ender

[Echodale]

Just back...

I will put a report from today up later.....I have to be elsewhere now.

 

TIP...

Whatever you do...when talking to their sols before going in to the Judge..DO NOT shove a table at them in anger and DO NOT punch them.

 

back later

 

series3

 

OMG that is a joke right?

 

Suspense is killing me

[Old Cogger]

Really Sounds like Tabeling a Motion?

 

 

Wonder what was said by solicitor under their breath/out loud? could have a competition whilst awaiting what happened, pity I have to go out for a while?? for a start - Sugar?

Edited August 20, 2010 by Old Cogger

[Echodale]

more like motioning a table

[Old Cogger]

more like motioning a table

 

 

Leg less

[diddydicky]

tho

[diddydicky]

Regarding the Amex case they should not be relying upon a judgement being appealed.

 

Always argue hearsay where the person makes a statement they could not possibly have been witnessed to.

 

"" The claimant avers that CPR PD 17 paragraph 7.3 only requires the original agreement to be produced where it is reasonable to do so. It is not reasonable to require the Claimant to keep original agreements from 2001 due to the sheer volume of paperwork that would be required."

 

You need this:

 

 

 

 

Sounds like you are on the ball with the other things.

 

wrong post sorry

[Chipmeister]

Series3, where are you? Not in a cell after punching their solicitor I hope?!!!!

 

Hope all went well for you - looking out for your post about what happened.

 

All the best,

CM

[Series3]

Did someone get a punch?

 

 

 

 

Of course not…lol…what sort of man do you think I am.

Here goes.

I arrived at court with an hour to spare. I took the time I had sitting in the car and had a read through the Amex v Brandon judgement. Half an hour to go. I lit a fag and wandered over to the court house. I have to say that I was very nervous at first.

Went to the waiting room, sat down and started flicking through some notes I printed out.

The claimants rep asked if I was series3 and we shook hands.

It was a young lady, she asked that we go and have a chat, I told her I didn’t want to but would listen to what she had to say.

She didn’t say too much really, just telling me what was going to happen and how she would be reading from the statement made by optima. Also that she didn’t work for MBNA.

After just 5 mins or so the usher came in and said the DJ was ready for us. I was still a little nervous at this point but I was already in the room.

We were introduced and I was asked to sit. He then started by telling her..”before we start I would like to say I have read the supplement statement and in it Mr Optima has asked that the defendants WS be inadmissible as it was late, (posted on the 13th) and only allowed them 4-5 days. I would like to say, it is admissible.” He then asked me about the supplement WS and the WS of Dianne powell, had I read them, I said I had and he asked if I would like an adjournment and needed more time.

I told him that I understood them and as mine was late to them (although I did e-mail them a copy)I was happy with them being allowed.

The nerves seemed to go, I felt totally relaxed. I now knew I hadn’t got a “bad” DJ. Quite the opposite.

He asked her to open.

She started reading from the WS and he was interrupting her, asking her to point out things on the agreement, then questioning her, asking her if she thought it would be better to deal with this at a trial. She was referring to the first WS, then the second WS with a bit from the other WS from powell.

Again he interrupted her, asking her what WS she was reading from.

By this time, I had papers and WS’s all over the place trying to keep up with her. Pen still in hand to make notes but didn’t get a chance to.

After another few paragraphs of the WS he finally stopped her and said. “You have asked for a half hour in court to have me make a decision. I have a pile of papers two inches thick that need to be looked at, you have two WS from mr optima and another from powell. Series 3 has another WS that we have to go through. There is no way we are going to reach a decision in that time.” I will adjourn until I am back at this court, now I have started to hear the application and will let you know when that will be, I have no idea as yet….

He asked me if that was ok and I agreed we had a lot to go through, she asked for wasted costs in case of an adjournment and he sort of smiled and she was told they would be sorted out next time.

He then asked me about costs and I told him I had faxed them yesterday to optima..he asked if the court had a copy, I said no but I have a copy here if you would like it. He declined and told me make sure a copy is also sent to court.

We said our thank you to the DJ and I dragged all my paperwork together bundled it into a folder and left the court room.

Again I and the opposition went into a side room, she asked if I knew what was meant by the DJ. I said that I had understood but was frustrated that I hadn’t been able to say anything. I told her I wanted to interrupt but bit my tongue. She did say that I would have a turn. We shook hands and she said she might see me next time or it may be another sol.

Apart from me getting a coffee (mouth was really dry) on the way out from the court café that’s about it.

I really can’t wait to go back and have my say. I was not looking forward to this experience at all. Bring it on MBNA.

I also now have time to read up and get more organised with my papers, ask more questions here and discuss the main points.

I would like to say thanks for the help so far and stay with me on this for a while longer.

I’m looking forwards to donating my costs here if/when awarded…that’s confidence for you huh?

Series 3.

Edited August 20, 2010 by Series3
revised version.

[Echodale]

Well done for not punching anyone. The adjournment is not necessarily a bad thing, think of today as practice. I'll have a beer for you now.

[Series3]

I did. No where near as bad as I thought it would be. I have a DJ who wants to listen.

Now I need something to tell him..

[vjohn82]

Today was a practice for the Judge to test the water with you both (that's my experience with the majority of adjournments anyway).

[Series3]

we did get the half hour but she was only part way through.

[Docman]

series3,

 

I think you can regard today as a win for you. Maybe not the battle but at least today's round. More importantly, you have had the experience of sitting before the judge in court. That is invaluable as firms like MBNA bank on defendants being so scarred at being in court that they don't explain themselves properly. You will be great at the next hearing.

[car2403]

The good news here is that the Solicitor will report back to them that you are a very willing and able litigant - this is some times enough to force a settlement attempt.

 

If not, you know what to expect next time.

 

Did you say that the Judge reserved the file for themselves? If so, you're on to a winner, there, as they seem like a very 'Good' Judge - and there are some really, really 'bad' Judges out there!

[Series3]

yes, he will have to find 3 hours the next time he gets to my court. As he had already began to hear it, it would want to carry on. He did ask her alot of questions about what she was saying from the WS and also pointed some things out in the "white book" to her.

[citizenB]

Sounds like you had a good Judge. More importantly you had a test run and did yourself proud. As Car says, it is good news that the Judge has reserved the file at least you will feel comfortable with a familiar face.

 

Well done.

[Series3]

Just back from a camping trip..had a blast.

thought I would have heard something from the court or even Optima but nothing yet.

How long does it take?.

[barrowby]

Subbing...Can't wait for the next installment!

 

Keep the faith series3!!