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Platform defending or are they?


priestley1965
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Keep strong and good, successful vibes coming for you!

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

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I've got everything crossed for you.

x

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Please sign this petition x

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Any news yet????

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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I am feeling deflated at the moment. Need some good news.

 

uK

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Alan winning would help Gizmo. Maybe a Massage with a few Babes too lol.

 

Uk..

WARNING TO ALL

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Alan winning would help Gizmo. Maybe a Massage with a few Babes too lol.

 

Uk..

 

Fingers crossed for the first..........

Shocked at the 2nd Uk:o

Go have a hot bath and I'll send you a virtual glass of champagne:p

Consumer Health Forums - where you can discuss any health or relationship matters.

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My nerves are jangling here.........LOL!!

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Fingers crossed for the first..........

Shocked at the 2nd Uk:o

Go have a hot bath and I'll send you a virtual glass of champagne:p

 

Lol.. Don't be shocked Gizmo.. we all day dream now and again.

 

Bath is a good idea though will get some rest tonight. It's been a busy week.

 

Sorry Alan for hijacking your thread. I do apologise.

 

Uk..

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Hello everyone, sorry for the delay posting.....went straight out after work last night so didn,t get chance until now.

 

Thanx for all of the kind messages!

 

Just as a reminder yesterdays hearing was because I obtained judgement by default over platform and they later issued a defence and counterclaim. There were 3 issues which were being contested which were:

1) platform asked for the judgement to be set aside

2) platform asked for the claim to be struck out as it had no merit etc etc

3) platform were counter claiming for all of their costs because of a clause in the mortgage agreement (costs so far £3k plus!!)

 

Well I turned up at court with my lovely wife holding my hand to stop me shaking!

Platforms solicitor turned up at court with his barrister holding his hand!!

In the waiting room the barrister passed me a copy of their documents which they were using including all of the case law which they would be quoting (similar to yellow pages!)

 

We were ushered into a chamber with a nice lady judge who listened intently whilst the barrister rabbited on for half an hour, it was then my opportunity to respond...obviously I could not compete against a barrister in terms of technical knowledge and similary I didnt have the courtroom patter but I had typed up 4 pages of answers to various points which I suspected would be brought up.

 

Yes I know you want to know the outcome.... well

 

point 1) the judgement was set aside (instantly) by the judge

point 2) the claim was not struck out and was allowed to go to trial. (much to the disappointment of their barrister)

point 3) the issue of costs was deferred to the trial judge however I would be responsible for their costs for the hearing as apparently it was my fault as I could have agreed to the judgement being set aside without a hearing at an earlier opportunity (so thats gonna sting a bit)

 

Basically the judge agreed that they had case law to back up their claim, however it was old and not necessarily relevant to these issues but i had made her aware off successful claims (although out of court) and of the OFT test case etc so she thought that I should be given an opportunity to pursue my claim, however she recommended that I have legal representation at trial.

 

The barrister was a bit annoyed as he obviously thought it would be a formality so he asked for permission to appeal against the decision not to strike the claim out. At this point I think the judge was fed up of hearing is voice so she cut him off but agreed that he could appeal if he wished)

 

We then left, they skulked off and we went out for lunch!

 

So what does anyone think... good or bad???

 

Alan......:confused:

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Also just remembered they argued that the part of my original claim in respect of the unfair contract terms was irrelevant in this case and quoted case law in this respect. The judge agreed and noted that this should be struck out of my claim!!!

 

I do have all of the case law which they quoted but its a bit like reading a dictionary!

 

Alan...

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Hi Alan,

 

Its certainly a step in the right direction! However, the battles not over yet.

 

The judgment was highly likely to be set aside and therefore there's not too much to worry about there. Its really good to hear that the case was not struck out. The judge obviously felt you had an arguable case and therefore there is some hope. Although note that some reservations were expressed. Bad luck on the costs for set aside that is something people are going to have to watch out for in the future.

 

Is your claim small or fast track?

 

It would be useful to have a list of the cases thye referred to.

 

Well done to you.

 

All is not lost after all.

 

All the best

 

Zoot

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Hi Zoot,

 

Platform had not logged their defence and counterclaim as such ( I assume awaiting the decision of the hearing) so the judge gave them 14 days to do so then she said the allocation questionairre would be issued to me so I suspect it will be fast track.

 

Case law quoted re various points:

Euro London Apartments ltd -v- Claessens International ltd (2006) EWCA Civ 385

 

Associated Distributors Ltd -v- Hall (1938 ) 2 KB. 83

 

Export Credits Guarantee Department -v- Universal Oil Products Co (1983) 1 WLR 399

 

UCTA 1977

 

1999 regs

 

Hope these details help!!

 

Alan.....

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Oops that should be:

 

Associated Distributors Lts -v- Hall (1938 ) 2KB.83

 

Also just noticed in doc's it says something about:

 

see chitty on contracts, 29th edition 2004, 26-109

 

As you can imagine is was all a bit baffling for me.

 

Alan....

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