HPH2/Cohen claimforn - old Barclay card debt - Now CO Threat

[AndyOrch]

Page 90...

 

https://www.judiciary.gov.uk/wp-content/uploads/JCO/Documents/Guidance/A_Handbook_for_Litigants_in_Person.pdf

 

And..

 

https://www.moneyclaimsuk.co.uk/litigant-in-person-costs-and-expenses.aspx

 

https://www.judiciary.gov.uk/wp-content/uploads/JCO/Documents/CJC/Publications/Other+papers/Small+Claims+Guide+for+web+FINAL.pdf

[king100]

Application for costs should reach the court at least 24 hours before the hearing.

 

Surely not as not sure what way the judge will rule.

[AndyOrch]

Thats with regard to a claimant and also should be served on yourself.

[king100]

ok well tomorrow is it, lets see what they come up with.

[mpmmpmpmp]

good luck king, be sure to let us know how you get on.

[king100]

They have sent someone do i need to check if they have supplememtal witness statement? If they dont shall i gove her a copy?

 

She did want to talk but declined it.

[AndyOrch]

They have sent someone do i need to check if they have supplememtal witness statement? If they dont shall i gove her a copy?

 

She did want to talk but declined it.

 

Yes......you did send them a copy already ?

[king100]

Yes i did

[king100]

I asked if she had it and she said yes. Then she said that she was asking to have it thrown out as directions were clear to have witness statements within 14 days of court case.

[AndyOrch]

Its not a witness statement ..its a supplemental WS....3 days prior not 14

[king100]

What can i quote to defend this?

[AndyOrch]

No need to quote anything.....but if you wish to Civil Procedure Rules CPR 32

 

I wouldn't worry the Judge will know...even if the rented counsel dont:-D

[mpmmpmpmp]

The claimant disclosed their Witness Statement four days before my original hearing. Its at the discretion of the Judge as to whether they hear it or not. I should have pleaded that as the Judge basically told me as much.

[king100]

I lost

[mpmmpmpmp]

Sorry to hear that King, did they state why?

[king100]

That the agreement was a true exact copy of my original agreement. He said he had to weight up all probability and that it was.

 

Will get the decision in the post

[king100]

Thanks guys for all your help. Its over now.

[AndyOrch]

That the agreement was a true exact copy of my original agreement. He said he had to weight up all probability and that it was.

 

Will get the decision in the post

 

And it only took 25 mins to come to that conclusion...was your SWS accepted as evidence ?

[king100]

Yes it was

[king100]

Ok what next? Can i go after late charges on the account?

[AndyOrch]

I think it would be beneficial to all if you could at least post a review of how the events unfolded King and why the court came to its decision in view of all the work and advice given.

 

Andy

[king100]

they set out their position in regards to the case reading off the witness statement, when it came to my turn

 

I stated that these cannot be considered exact copies of my agreement as per my witness statement and SWS.

 

I enquired about the 2 copies and they stated that one was when i took out the agreement and the other was when i defaulted.

 

 

I enquired about the APR differences and stated that that APR on statement was different to the 2014 agreement so how can I say that the 2009 agreement was true exact copy of my agreement if the 2014 is not correct.

 

 

I argued that the 1st copy from 2009 was 6 months later than when I took the account out and Barclays have numerous agreements in place.

 

Also that 2009 print out is a stock CCA that Hoist use and is the closest one they could find to my agreement time.

 

I agreed that they could take my name and address, copy and paste onto an agreement as long as that agreement is true exact copy of my original agreement.

 

The judge asked me if i denied the account,

I said i dont deny but it is whether it is enforceable in court.

 

The ruling was that in all probability this was a copy of my agreement.

It all came down to the Judge and his opinion that this could have been it.

[mpmmpmpmp]

Doesnt bode well for anyone contesting these claims does it.

 

 

It's wrong that there refusal to comply with your CCA request isnt considered given if you had that information before you file your defence you would be in a much better position to know whether you stand a chance or not.

 

 

Gutted for you, makes me think I either need professional help to plead the deficiencies in my case or whether I should try to settle.

 

 

Makes you wonder why they decide to discontinue on so many of them at the last minute as well.

[king100]

I think it comes down to the Judge and his perceived idea on what is an exact copy or not. I laid it out simply and all the details was in my WS and SWS.

 

It was a rubbish CCA and 6 months before I took the card out.

 

All down to probabilities.

[dx100uk]

simply judge lottery

makes no odds to anyones elses claims running here