Lowell claimform - old Shop Direct CAT debt***Claim Dismissed***

[The_Debt_Man]

let the judge lead not you

 

Will do

 

Just out of interest....

 

If i do end up loosing this, is there an appeals process or is the judges word final ?

 

The reason i ask is like andy said a few posts back, it would mean that my statutory rights hadn't been listened to.

[The_Debt_Man]

Well guys I'm waiting to go in.

 

Fingers crossed

[Old Cogger]

judge may say no but there is a procedure to overrule no doubt.

 

Appeals process | Richard Buxton

http://www.richardbuxton.co.uk/the-law/appeals-process

[AndyOrch]

Well guys I'm waiting to go in.

 

Fingers crossed

 

Best of luck ......update your thread as and when convenient...good or bad news.

 

Regards

 

Andy

[The_Debt_Man]

Best of luck ......update your thread as and when convenient...good or bad news.

 

Regards

 

Andy

 

A bit of a strange one ..

 

The judge asked me to swear in before saying if I recall the items.

 

And has adjourned it untill after lunch.

[jon8214]

How did you get on?

[The_Debt_Man]

I (we) won, I (we) won, I (we) won,

 

A very long day but it paid off in the end.

 

First i got there two hours early so had to sit around.

 

Then when we were called in, the judge didn't have any of my documents or Lowell's witness statement so we had to go and wait outside while she read through all the copies we gave her.

 

On return lowell's solicitor started going on about all the items lists and screenshots he had provided in his witness statement and the payment sheet for payment that had been made in the past against the account. he then went on to ask how he would have the correct bank details if there were no relations between us in the past.

 

The judge then looked at me and said "what is your response to that.

 

I then explained that the screenshots don't hold any weight as they didn't on the first hearing.

 

The claimant has still failed to provide a valid credit agreement as the so called credit agreement was meant to be pre April 2007 , The claimant has also failed to satisfy the court the the documents requested such as delivery notes sales receipts...etc

 

The just then asked me if i would stand in the dock and swear myself in and then say the i don't remember any of the items or entering in to any agreement with shop direct.

 

I did this then the solicitor starting asking me loads of questions with thing like "would you ever pay someone else debts".

 

 

After all this i was seated back in my original seat and i pushed again about the section 127, the judge said "what is this " i then said i have a copy if you like.

 

The solicitor (now on his laptop) started going on about a case where section 127 was tried and failed. the judge asked him when this case was and he said under his breath (2009).

 

The judge then said she wanted some lunch and to comeback in a few hours so it would also give her a chance to read through everything i had given her.

 

At this point i thought my chance of success was 60/40 to him because she really seemed to be taking in everything he said.

 

 

On return (again) the judge started out by saying that the screenshots lowell had provided" were just not good enough evidence"

 

she then said the agreement would need to be a signed copy as it was pre April 2007,

 

then she read through all the letters that lowell were meant to have sent out

with every one of them having a different person or account number on them

 

said it was no wonder it couldn't me recollected as it was so confusing who was even requesting the money.

 

She then said she could no way side with the claimant and that was the end of the matter.

 

She then looked at me and said "you do know your entitled to costs"....lol

 

I said well there's the parking fees at £20 a go Congestion charges...etc

 

The solicitor then said there's no reason why public transport could not be taken

and while they were trying to work out how much that would be,

the judge said lets just leave it at that and go home.

 

To be honest at this point i thought the same so here i am.

 

There's actually a lot more that went on with conversations but as they will come to me and ill post them up

 

Ive got to say a HUGE thank you to andy and everyone else that helped me through this as i couldn't have done it without you all

[dx100uk]

hey guessed right then in the first few posts

no signed agreement aint going nowhere

 

and see what a difference it makes to badger people to read up upon what they need to know...

had you not some that [i'e S 127] you probably would have lost.

 

well done CAG

 

dx

[AndyOrch]

Good news TDM.......and there was you expecting them to get judgment

 

Well done...... thread title amended to reflect the outcome.

 

Regards

 

Andy