Newbie - Settling out of Court

[Bigdebtor]

PT

 

I just googled Egg Mold County Court and there it was - the top entry - elementary really - as others who try will soon understand.

 

I see the full judgement was published on 10 Sept and is downloadable.

 

Will we able to see KLG's case in public domain in a few weeks too?

 

Thanks again

 

BD

[pt2537]

i am currently looking at getting the judgment transcribed, but i am unsure how long that will take

 

there are plenty of cases we are winning though, the thing is of course i cannot attach them to messages on this site, so i take that to mean that my help is not wanted by those who run the forum

 

accordingly i have provided some of the wins elsewhere, where they are welcomed and accepted

[babybear39]

PT, I've tried PMing you but there appears to be a problem? I just wanted a legal bod to have a glance at my dealings with lowell, freemans and experian...

[Bigdebtor]

PT

 

OK - thanks for the pointers. It's a bit frustrating how much detective work we've got to do to unearth helpful info nowadays.

 

If we're going to have to act like Sherlock Holmes then we definitely do need to have good Watsons to help us!

 

BD

 

PS - Do you know if the Brandon v Amex case is being appealed?

 

PPS - Are you able to say whether the Egg Mold case is going to be appealed?

Edited November 5, 2010 by Bigdebtor

[Chipmeister]

This is great news. Well done KLG and pt2537.

 

All the best,

CM

[pt2537]

Brandon is being appealed now,

 

the Egg one is not.

 

As for the sherlock comment, make sure it is .co.uk and not .com or you could end up with the wrong Dr Watson

[Bigdebtor]

PT

 

Thanks for the info. Whilst I am an admirer of Columbo I don't care for most American lawmen and would ensure I didn't make such a mistake. I much prefer the methods and ability of British detectives and their learned assistants.

 

I have just read the whole 49 paragraphs of the transcript of Brandon (got it through Google and available on another site) and am dumbfounded at what I regard as pretty twisted logic by the Judge - clearly on the Establishment side - you borrowed the money so you must pay it back you horrible little person!

 

However he then ignores the OFT (establishment?) guidance on charges over £12 being generally unfair and accepted Amex could charge £25 just because they said they could do so in their T&C's!

 

He also thought it inconceivable that Amex would make any errors in their Agreements after 36 years' experinece of the CCA 1974 - then regarded the clear errors in their DN as unimportant and excusable!

 

I also saw nothing about a dodgy DN prohibiting any termination of an agreement or allowing a 2nd DN to be issued because the termination was deemed "unterminated" as the TN was invalid - if so it seems to be OK to ignore unvalid DN's - but if it suits the OC to use them to make the TN invalid then that's quite OK.

 

I was about to comment on this in more detail on Pinky69's thread - but see it has been closed by the powers that be.

 

Can anyone point me to an active thread where this vital discussion is (or might be) now discussed on this site?

 

BD

 

Sorry to hi jack KLG' s thread - but don't know where else to post such thoughts currently.

Edited November 5, 2010 by Bigdebtor
typos (too worked up/excited!)

[babybear39]

The Pelican Brief is a lovely movie even though it's set in the US. It's message encourages the little people to keep on fighting and that's exactly what I intend to do

[frettful38]

Hi BD any chance of getting to see that Brandon transcript please?

[Chipmeister]

I have just read the whole 49 paragraphs of the transcript of Brandon (got it through Google and available on another site)

 

Really? MBNA's solicitors were kind enough to send me a copy with their response to my defence!!!!!

[pt2537]

what they dont show you, is the judgment of HHJ Rutherford also sitting as a Judge of the High Court.

 

Judge Rutherford took a different view than Denyer QC and also, Rutherford is a Civil Judge and Denyer is a Crown Judge

[Bigdebtor]

Hi BD any chance of getting to see that Brandon transcript please?

 

Not sure how I would get you a copy - but if you google Brandon v Amex it will be available on the first two items - from other sites, but can be copied into your own Adobe files easily - you don't need to be members of these sites.

 

Let me know if this doesn't work for you.

 

BD

[Bigdebtor]

what they dont show you, is the judgment of HHJ Rutherford also sitting as a Judge of the High Court.

 

Judge Rutherford took a different view than Denyer QC and also, Rutherford is a Civil Judge and Denyer is a Crown Judge

 

PT

 

Can you tell us what to google to get these views or judgements too? Which flavour:-) of judge is "higher"?

 

BD

[emandcole]

Thanks PT, that's very interesting!

 

BD, I believe that a civil judge is familiar with civil matters such as CCA disputes whereas a crown judge deals with criminal matters. I'll welcome correction if I've got that wrong

 

If that's correct it makes sense that a crown judge ended up with such a twisted view of the CCA provisions and why the civil judge held another (more informed view) that his learned friend was 'off his box'.

[pt2537]

I dont think the judgments are available ,

 

But beating cabot is not hard, if you have the right tools and resources at your disposal.

 

We keep plugging away but thats now two cases in as many weeks that have been won, and a few more now in the pipeline

[Karenza]

KLG

 

Just read your thread and wanted to say Congratulations, and PT your a star congratulations to you too,

 

Karenza

[pt2537]

hmm i seem to have a problem posting on the forum

[DonkeyB]

I have that all the time, pt! Sometimes the system tries to double post, sometimes it no-posts, sometimes it just falls over. Alerts to subscribed threads for new posts sometimes come in batches a few hours late. Sometimes get alerts when there’s nothing new. Still teething, perhaps.

[babybear39]

I have that all the time, pt! Sometimes the system tries to double post, sometimes it no-posts, sometimes it just falls over. Alerts to subscribed threads for new posts sometimes come in batches a few hours late. Sometimes get alerts when there’s nothing new. Still teething, perhaps.

 

I get the same DB and if I was the paranoid type I might be worried. But I'm not

[Bigdebtor]

BB

Just because you're not paranoid doesn't mean they're not out to get you!

 

After all I'm not paranoid about banks - just with them - and I KNOW they're out to get me (and all of us).

 

BD

[babybear39]

DCAs, CRAs, banks etc. are all out to get us anywhichway 8-)

[frettful38]

DCAs, CRAs, banks etc. are all out to get us anywhichway 8-)

 

 

Very true BB, and I think that is what they have been doing before the Dinosaurs ruled the earth, only problem is that I bet they never thought that we would find a way of getting them back!!!!!!!!!

 

BECAUSE TWO CAN PLAY AT THAT GAME!!!!!!!!!!

 

Just will take us a little longer that's all !!!!!!!!!

[babybear39]

DCAs make dinosaurs look positively adorable even the nasty ones lol...

[Murphy69]

Hi all - is there any more information on the above won case by PT?

On what basis was the case won, improperly executed agreement, illegible agreement, lacking T&C ect - any info would be very helpful.

tia

[pt2537]

Hi all - is there any more information on the above won case by PT?

On what basis was the case won, improperly executed agreement, illegible agreement, lacking T&C ect - any info would be very helpful.

tia

its hard to say due to confidentiality issues, but there was non compliance with s78, there was a material deficiency in the terms and conditions produced, both the original ones and current ones

 

the current ones post dated the assignment, which was not possible

 

that is all i can really say