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Phoenix Recoveries v Kotecha Jan 2011

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  • #61
    Re: Phoenix Recoveries v Kotecha Jan 2011

    Originally posted by cymruambyth View Post
    pt do you know when the full judgement will be released?
    the Kotecha one?

    No i dont, we havent requested a copy of the judgment as it is reported on Lawtel.
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment

    • #62
      Re: Phoenix Recoveries v Kotecha Jan 2011

      Sorry for my ignorance, but is the extract that you posted at the start of this thread sufficient for court?

      Comment

      • #63
        Re: Phoenix Recoveries v Kotecha Jan 2011

        Originally posted by cymruambyth View Post
        Sorry for my ignorance, but is the extract that you posted at the start of this thread sufficient for court?
        That extract was from Lawtel

        It is the case report, as there were law reporters in the Court room recording in writing the judges judgments.

        Any court will have access to the case report, and a print out of the case report above will assist im sure
        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Pt@roachpittis.co.uk .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.
        • 2 likes

        Comment

        • #64
          Re: Phoenix Recoveries v Kotecha Jan 2011

          what is this pending high court rulling you talk about pt

          Comment

          • #65
            Re: Phoenix Recoveries v Kotecha Jan 2011

            WE were invloved in a matter that was reserved to the High Court, as it involved numerous points which the High Court ought to deal with to give clarity to all concerned on those points.

            There was Unfair relationship, defective default notice, breach of s78, breach of s62, 63 and most importantly s61(1) and 127(3)

            The court has given its draft judgment but a application under the barrel jurisdiction has been made, so until that is dealt with the judgment remains confidential.

            However, as soon as it is available you will get a copy.
            I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

            If you need to contact me please email me on Pt@roachpittis.co.uk .

            I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

            You can also follow my blog on consumer credit here.
            • 2 likes

            Comment

            • #66
              Re: Phoenix Recoveries v Kotecha Jan 2011

              Aha, we await another dose of pure PT gold with due baited breath!

              ;-)

              Comment

              • #67
                Re: Phoenix Recoveries v Kotecha Jan 2011

                Originally posted by pt2537 View Post
                an application under the barrel jurisdiction has been made,
                Do we know approx when the application may be heard?

                It really is an eagerly awaited determination.
                They were out to get me!! But now it's too late!!

                Comment

                • #68
                  Re: Phoenix Recoveries v Kotecha Jan 2011

                  Originally posted by basa48 View Post
                  Do we know approx when the application may be heard?

                  It really is an eagerly awaited determination.
                  Its not as i understand it an application which will be heard.

                  If you look up Paulin v Paulin 2009 it sets out what the app is in there

                  It is something that we are simply asking the judge to clarify one point in his judgment thats all, we already have the judgment here,but it is confidential sadly till handed down
                  I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                  If you need to contact me please email me on Pt@roachpittis.co.uk .

                  I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                  You can also follow my blog on consumer credit here.

                  Comment

                  • #69
                    Re: Phoenix Recoveries v Kotecha Jan 2011

                    Originally posted by pt2537 View Post
                    Its not as i understand it an application which will be heard.

                    If you look up Paulin v Paulin 2009 it sets out what the app is in there

                    It is something that we are simply asking the judge to clarify one point in his judgment thats all, we already have the judgment here,but it is confidential sadly till handed down
                    Wow what a tangled web that case was.

                    However it reads to me "the Barrell jurisdiction" allows a judge (given strong reasons) to reconsider and maybe even reverse a judgement prior to its handing down.

                    That is more than clarification.
                    They were out to get me!! But now it's too late!!

                    Comment

                    • #70
                      Re: Phoenix Recoveries v Kotecha Jan 2011

                      Originally posted by basa48 View Post
                      Wow what a tangled web that case was.

                      However it reads to me "the Barrell jurisdiction" allows a judge (given strong reasons) to reconsider and maybe even reverse a judgement prior to its handing down.

                      That is more than clarification.
                      well it does, but we have just asked for one point to be clarified that is all,
                      I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                      If you need to contact me please email me on Pt@roachpittis.co.uk .

                      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                      You can also follow my blog on consumer credit here.

                      Comment

                      • #71
                        Re: Phoenix Recoveries v Kotecha Jan 2011

                        Originally posted by pt2537 View Post
                        well it does, but we have just asked for one point to be clarified that is all,
                        OK I'm no advocate, it is just I am very nervous this decision could seriously undermine a potential defence of mine based on a bad DN.

                        I have no patience
                        They were out to get me!! But now it's too late!!

                        Comment

                        • #72
                          Re: Phoenix Recoveries v Kotecha Jan 2011

                          Thank you pt for this case. I was able to produce it in support of my successful arguments over missing prescribed terms.
                          • 1 thank

                          Comment

                          • #73
                            Re: Phoenix Recoveries v Kotecha Jan 2011

                            Originally posted by cymruambyth View Post
                            Thank you pt for this case. I was able to produce it in support of my successful arguments over missing prescribed terms.
                            That's great news cymruambyth, but I don't suppose you could share something of your case here (eg, how you used the judgement?).

                            I'm doing my utmost to avoid court with an rogue bank - a killer argument could lay any prospective claim to rest.

                            TIA

                            Comment

                            • #74
                              Re: Phoenix Recoveries v Kotecha Jan 2011

                              Originally posted by Lord_Alcohol View Post
                              That's great news cymruambyth, but I don't suppose you could share something of your case here (eg, how you used the judgement?).

                              I'm doing my utmost to avoid court with an rogue bank - a killer argument could lay any prospective claim to rest.

                              TIA
                              can also give them the time to formulate a killer reply too

                              Thats why i play cards to the chest
                              I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                              If you need to contact me please email me on Pt@roachpittis.co.uk .

                              I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                              You can also follow my blog on consumer credit here.

                              Comment

                              • #75
                                Re: Phoenix Recoveries v Kotecha Jan 2011

                                Originally posted by pt2537 View Post
                                can also give them the time to formulate a killer reply too

                                Thats why i play cards to the chest
                                So keep it vague right up to skeleton argument, right??

                                BTW does a skeleton argument have to be submitted to the opposition, if so how long before the hearing.

                                I have a hearing date and date for WS / exchange docs.
                                They were out to get me!! But now it's too late!!

                                Comment

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