Slevin V Mbna

[CoventryCrusader]

Hi stripper

 

when i get home from work i will email you my defence and witness statement

 

frank

[stripper]

Great

S

[CoventryCrusader]

OPTIMA ...True to form

 

Imagine my surprise to find that the court bundle for Friday's hearing has not arrived today.

 

There is no advice note from Royal Mail to indicate they have attempted to deliver it

 

This is typical of the dirty tricks they play

 

When they applied for SJ Last January they sent me their witness statement to arrive on a Friday morning and the hearing was on the following Monday morning

 

I had to prepare a statement and present it to their representative on the Monday morning.

 

Half way through the hearing as he was begining to loose he asked for an adjournment and blamed it on me not giving my statement to him in time......

 

Thats how low they are

 

This attempt to put me at a disadvantage could well be their undoing.

 

The have not complied with CPR's again and the Judge will be hearing about this on application tomorrow morning

[stripper]

Make bloody sure the Judge is made aware of this.

S

[CoventryCrusader]

I dont think it was included with the sj bundle by mistake !

 

remember when Richard was in Bradford and he made contact with a girl who was working for optima, well i think she put it there on purpose. Her way at getting one back on them

 

You little beauty

 

any way enough said on that matter

 

You were absolutely right about the order , no more than 7 and no less than 3

 

Optima have been late with complying with every order of the judge so far.

late with the disclosure of documents, late with the exchange of witness statements , ( i made sure mine was on time and drove 250 miles round trip to deliver it by hand on time), Late with the case summary and issues.

 

I knew they were going to be late with this also.

 

I thought Dominic Timmins was different than the rest of them and i thought he was an honourable man. By this action he has shown his true colours.

 

He is a disgrace to the legal profession.

Edited September 14, 2010 by CoventryCrusader
spelling

[CoventryCrusader]

more hours than you could imagine

 

because i am not as educated as those at optima, they have a team of people wher as i am an individual

 

they have all day every day, i have to work full time and have committments with my family so most of my work is done between 10.00pm and 3 or 4 in the morning

 

ive kept a diary from the start of the hours i have put in , well in excess of 150 and then there is the cost of stationary, post etc not to mention the days of work . ive had to take the days off as holiday so i have lost that entitlement. if i want to recover those days they will have to be taken as un-paid leave.

 

the costs have built up

[CoventryCrusader]

Regarding the Witness summons and the elusive Dianne Powell.

 

I attached a cheque to cover her train fare. The cheque has not been cashed.......

 

read into that what you will

Edited September 15, 2010 by CoventryCrusader
fdsc

[CoventryCrusader]

Hi optimal eagle killer....i have sent you a pm

[Old Cogger]

was it the cattle department? the rear of the train?

[CoventryCrusader]

Harsh

[Old Cogger]

Could be she is ----------------pig sick!

[CoventryCrusader]

hi boss

 

just had a quick look at your thread

 

if i can help with anything please let me know

 

frank

[CoventryCrusader]

Hi to all

 

wont be posting much tonight as ive got to double check everything for tomorrows SJ

 

Please log on tomorrow afternoon for a blow by blow account of how david beat goliath

 

frank

[stripper]

Perhaps after all of this you will be known as the Caped Crusader.

After all you are dealing with 'Jokers' Lol!!

Al the best for tomorrow.

Stripper

[mystery1]

Good luck.

 

M1

[CoventryCrusader]

Friends

 

Thank you for your advice and support

 

The SJ hearing went against me today

 

I will post up later the full story

 

For now i just want some time with my family. The last 2 years have made me tired

 

Langster. I will send you a PM

 

Frank

[stripper]

I'm so sorry to learn this CC.

I await your posting up.

Take a well earnt break

Stripper

[CoventryCrusader]

Sent pm

[CoventryCrusader]

just a hint at what happened

 

yes i was ambushed, not out side the court but in the court room in front of the judge

 

40 minutes into the hearing they produce a supplimentary Witness statement

 

the judge allowed me 15 minutes to read it and then argue against it being allowed

 

Yes you guessed it, he did not accept my argument and allowed this late submission

 

as i said earlier i will give a summary of the events to you all tomorrow

 

for now i am going to have a glass of wine, put my kids to bed and read them a book , and do something i havent done for a while.....go to bed at the same time as my wife and not stay on the computer

 

My wife has been soooo supportive and understanding and my children are so dear to me. Now they have got their dad back ( for a while anyway)

 

Then i will be coming back stronger. ive learned from this and i will be appealing

 

OOOOOhhh yes let this be a clear message to all at Optima

 

I am coming to get you.....

[Fluffystuff]

 

Then i will be coming back stronger. ive learned from this and i will be appealing

 

OOOOOhhh yes let this be a clear message to all at Optima

 

I am coming to get you.....

 

Like your style. X

[stripper]

Hi Langster

Its not even rough Justice.

What the Hell is happening to/with our Legal system?

I'm hoping their argument is really flawed,and with your support Langster ,Frank finds the flaw,cos there has got to be one.

Stripper

[CoventryCrusader]

WOW....feeling great today

 

 

Slept like a baby last night

 

 

Things always look different in the morning.

 

 

Apologies to all of those fantastic people who have helped me over the last 2 years as I am sure you all felt a little of my hurt yesterday.

 

 

I hope you were not disappointed by the weakness I showed in accepting the outcome.

 

 

I did not want to post up the events of the hearing yesterday as I knew that my post would be too emotive and this would have clouded the issues I wanted to get across.

 

 

That has all subsided now and I am back to my usual self.

 

 

So below I will try and explain to you all what happened yesterday. As this was a Summary Judgement hearing it was down to the possibility of me being able to satisfy the judge I had the prospect of defending their claim and not necessarily defending during this hearing.

 

 

Counsel for Optima began to state their case as to why they felt I had no possibility of defending their claim

 

 

Eventually it came around to the Terms & Conditions. Their counsel argued that the T&C's were from 1997 even though they had charges for £12.00 for late payments.

 

 

Although my witness statement had pointed out that it was after the OFT intervention and their recommendation in 2006 this level of charges was introduced. Therefore the T&C's must be after 2006

 

 

Their explanation was that There were also charges on the T&C's that were for £15.00 so if these T&C's were post 2006 all charges would be £12.00.

 

 

The judge was not entirely convinced by this and told their counsel that although they had said in a witness statement these were the T&C's , I had stated in my T&C's that they were not. And he need positive proof from either of us to prove our case

 

 

I think the whole case was hinging on the point of the T&C's being those which were from the time of the agreement. (refer to Lynne Thorious judgement)

 

 

I think at this moment in time they had not satisfied the judge

 

 

Suddenly the counsel produces from her case a supplimentary witness statement and asked that it be admitted as it had further proof that the T&C's were from 1997.

 

 

The judge asked for the witness statement. Said that he would have a photocopy made and that I could have 15 minutes to read them and then he would invite me to give him any reasons as to why this statement should not be included in the hearing. While I was reading the Witness statement he would also read a copy to save time.

 

 

You can imagine that this 15 minutes felt like a lifetime. I am an Litigant in person and I have 15 minutes to come up with an argument as to why it should not be admitted, then also prepare myself just in case it is. So I have to read it, digest it and come up with a defence to it also

 

 

We came back into the hearing, I pointed out that to introduce new evidence during the hearing was an abuse of process and that the witness statement did not prove anything new.

 

 

The judge decided that it would be included.

 

 

I think that after reading it he had made up his mind that it supported their claim that the T&C's were those that were with the agreement in 1997.

 

 

The witness statement was by Dianne Powell. It discussed the process for obtaining a reconstituted agreement it situations that the original could not be found. Attached were exhibits. 3 photocopies of other peoples agreements from September 1997 with the financial terms on the back page. Also there was I set of T&C's identical to those which had previously been submitted with the court bundle

 

The witness statement was dated 16th September 2010 . At the top of the page it showed that it had been faxed at 8.33am that morning. Althogh the witness statement was New evidence, ther was nothing new with in it that had come to light as this process has been going on for over 2 years

 

Counsel for the claimant concluded their case.

 

I then began with my statement to the court.

 

My points were that this was nothing to do with S77/78 or anything to do with carey. I pointed to the Waksman judgement and his introduction. The judge said that he was well aware of the Carey case and he did not to see the judgement as he had a copy of the summary (1 page )

 

 

I raised the issue of the T&C's and the new witness statement and its attached exhibits.

 

 

Although the photcopies of the other peoples were from 1997 the T&C's had no unique source codes or date identifiers to link them to the agreements.

 

I also pointed to my exhibits in the bundle which was a credit card statement that had a charge of £25.00 for a late payment. So either they had made that charge in breach of the T&C's or the T&C's were not those of 1997

 

 

The judge did not even turn to the page in the bundle to look at it.

 

 

I think he had already made his mind up.

 

 

I continued to discuss the contradicting witness statements. There were questions that needed answering and this was a compelling reason for not having a summary judgement . The witness had already been summonsed to appear at a full hearing ,

 

 

I went on to point out that optima had been obstructive and not complied with various CPR's or orders of the judge.

 

 

The judge stopped me at this point and said that he did not want to hear about these issues, they were not relevant.

 

 

As I continued to present my case, I looked at the judge , he looked totally disinterested. In my mind I was thinking to myself “am I keeping you up” . I had to bite my lip to stop myself from saying it.

 

 

I laboured on the point that this was not S77/78. The claimant had made the claim it was their case to prove and provide to the court a properly executed agreement as per s60/61

 

 

The judge in his summing up said that a reconstituted agreement was sufficient to satisfy S60/61 otherwise why have a process for reconstituting agreements when the lenders could just send a photocopy of the agreement to any one asking for it under S77/78. So reconstituted agreemnts were definaitely acceptable

 

 

After the judge summed up I asked if he would write to me and explain his reasons for his judgement. He said that it had all been recorded and that I could arrange to have a transcript

 

 

so there you have it

 

 

Frank

 

 

PS. as I have said . “things look different in the morning”

 

 

BANG . Been to the court this morning and picked the appeal forms, the form to order a transcript and a copy of the judgement and written a letter to ask the judge to explain his reason

Edited September 17, 2010 by CoventryCrusader

[CoventryCrusader]

stripper. sent you an email

 

WCS1964. and the guests from optima...checking in to gloat? dont forget i am appealing. yes i know what went on yesterday and i know where i went wrong. yes i was like a rabbit caught in the headlights when you ambushed me , no when you mugged me, in front of the judge. We both know the judge was wrong. fortunately for you i did not see it until it was too late. Thats the beauty of the appeal system. different day different judge. and you wont be able to play the same trick again..please let Ms Powell that she will be appearing at court .

 

Frank

[stripper]

Hi CC

It appears to me that the Judge had made up his mind prior to the hearing.

My CCA1974 knowledge covering s77/79 and s 60/61 is not up to speed,however whats happened to the 'there has got to be a signature' .So where is it?

Reading s61 surely they have not complied,and this is just a first glance observation.I look forward to your appeal response.

BTW who was the Judge?

Stripper

[CoventryCrusader]

District Judge Sanghera . Coventry.