Hoist/Cohen claimform - Barclaycard

[AndyOrch]

Many thanks Andy. Do I reel off a copy to cohen, the court and keep one for myself ?

 

Yes..in line with dates prescribed in your Notice of Allocation (Directions)...attach copies of your CCA and CPR requests and any responses..ideally were you refer to the claimants disclosures and your requests sent within your witness statement you should mark your paragraph (see exhibit 1a..1b ) etc and copy and attach the agreement/T&Cs/DN and anything else that you refute.

 

Regards

 

Andy

[Benny1973]

Hi

 

The date in court for this is later this week. Any final tips or advice anyone can offer ? What to expect ?

 

Will I have to talk much or will the judge see from the witness statement my argument ?

 

Cheers

[AndyOrch]

The District Judge will lead the trial and you will be asked at the relevant stages for comment...so be prepared to expand on your statements and have the relevant documents easily to hand so yu can quickly refer...keep calm ...talk clearly...anything you dont understand or disagree with then state so.

 

Andy

[Benny1973]

Thank you. Final question. How long do these things generally last ?

[AndyOrch]

Depends on the complexity of the claim...1 hour to hour and half

[Benny1973]

Absolutely awful that. Judge was vile. Upheld everything they claimed.

 

Statute barred runs from default notice termination not last payment.

 

 

BMW case is good to use with credit cards too.

 

Carey was also good to use with any old agreement thrown together.

 

 

Even pre 2007 ones.

 

 

Lost on everything.

 

Still in shock

[dx100uk]

Absolutely awful that. Judge was vile. Upheld everything they claimed.

 

Statute barred runs from default notice termination not last payment. - no it doesnt

 

 

BMW case is good to use with credit cards too. - no it doesn't only on a very narrow selection of HP agreements

 

Carey was also good to use with any old agreement thrown together. - no it doesnt

Even pre 2007 ones.

 

 

Lost on everything.

 

Still in shock

 

 

judge lottery

[AndyOrch]

Absolutely awful that. Judge was vile. Upheld everything they claimed.

 

Statute barred runs from default notice termination not last payment. Wrong.... termination Notices are not issued on Credit Cards

 

 

BMW case is good to use with credit cards too. Wrong

 

Carey was also good to use with any old agreement thrown together. Wrong..Carey is about requesting a copy of the agreement..not enforcing it

 

 

Even pre 2007 ones. As above

 

 

Lost on everything.

 

Still in shock

Bet you are...sometimes you get these judges as DX refers to Judge lottery....not interested in Consumer Credit Law..not interested in Defendants and Justice ..probably in a rush to get home watch the tennis and complete his/her expenses for the day.

 

Post when you get notice of judgement Benny.....and we will get it down to £1 per month.

 

Commiserations.

 

Andy

[Benny1973]

Bet you are...sometimes you get these judges as DX refers to Judge lottery....not interested in Consumer Credit Law..not interested in Defendants and Justice ..probably in a rush to get home watch the tennis and complete his/her expenses for the day.

 

Post when you get notice of judgement Benny.....and we will get it down to £1 per month.

 

Commiserations.

 

Andy

 

 

Thanks.

 

That's the thing also. When he said the full amount plus cost was payable he took immense pleasure in informing me the full amount MUST be paid within 28 days. Little other option. Honestly it was horrific.

[mpmmpmpmp]

Commiserations Benny, did the fact that the s78 was unreadable hold no merit? There are examples of Judges going the other way on that if you care to read them, google cabot financial vs bachellier for one example. Unbelievable the discrepancy between Judges verdicts in these cases.

[AndyOrch]

Commiserations Benny, did the fact that the s78 was unreadable hold no merit? There are examples of Judges going the other way on that if you care to read them, google cabot financial vs bachellier for one example. Unbelievable the discrepancy between Judges verdicts in these cases.

 

Hardly going to bother about that looking at the list above which was of no concern to him....

 

Benny...you can submit an N245 for a forthwith judgment (see Legal Library) you can get exemption on the fee if eligble £50.00...you complete the I&E and offer of payment...I assume you have very little left after your living expenses so will be offering £1 per month

 

Andy

[Benny1973]

Commiserations Benny, did the fact that the s78 was unreadable hold no merit? There are examples of Judges going the other way on that if you care to read them, google cabot financial vs bachellier for one example. Unbelievable the discrepancy between Judges verdicts in these cases.

 

Honestly he didn't want to know. They could have brought anything and he'd have accepted it. He was more than happy that Carey allowed you to use anything reconstituted as long as it had a signature and address. I was shocked he can't have taken much notice if any of my witness statement

[Benny1973]

I almost forgot. They wanted to impose extra costs at the end for my apparently "wasting the courts time for even bringing it to court"

At one point it even looked like he was considering this but came down on the side of "I had a few relevant points" so knocked this back !

[AndyOrch]

Honestly he didn't want to know. They could have brought anything and he'd have accepted it. He was more than happy that Carey allowed you to use anything reconstituted as long as it had a signature and address. I was shocked he can't have taken much notice if any of my witness statement

 

Most probably didnt even read it.

 

I almost forgot. They wanted to impose extra costs at the end for my apparently "wasting the courts time for even bringing it to court"

At one point it even looked like he was considering this but came down on the side of "I had a few relevant points" so knocked this back !

 

That was generous of him.

[Singaporesmoke]

Not for everyone, but have you thought of appealing the decision? It has to be on a point of law but any Judge cannot go against precedent or legislation, unless they are a higher court, which this wasn't.

[Benny1973]

Not for everyone, but have you thought of appealing the decision? It has to be on a point of law but any Judge cannot go against precedent or legislation, unless they are a higher court, which this wasn't.

 

Have considered it. Is it worth it ? What's the likelihood of success ?

[Benny1973]

Also more than happy to provide an exact transcript of the Judges summing up of this if anybody is interested in it

[Singaporesmoke]

Have considered it. Is it worth it ? What's the likelihood of success ?

 

I went to the court of appeal on a case that was originally for for £680. I had to do it all myself as although I was on very safe ground, i.e. the magistrate made an a55 of himself, i did not want the cost of a lawyer if it went south. Likewise, I asked for costs when I won and got nil awarded, despite spending fully 5 minutes doing an Al Pacino impersonation from Carlitos Way. Its hard work and the court system will give you zero assistance.

 

You may well get £1 a week payment but ultimately you still have to pay c3k. It sounds like the DJ got it wrong and if the agreement is not in the prescribed form then it is not enforceable, as established in a higher court.

 

You have to decide and there has to be a compelling reason for raising an appeal, such as a mistake in law. This forum would need to see the full transcript to give its view, at the end of it all, it is an opinion based platform, but within the relevant range of the legislation "CCA" and precedent - the highest court having sway, and a lower court CANNOT go against that.

 

What some forget is that judges can be crap, or just human, and make mistakes.