Re: **WON!!** Can I amend a poor defence ?
Who did Lowell send please?
nem
Originally posted by xxmoomooxx
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Well I was hoping that Lowell didn't turn up but they did, he approached me in the waiting room and asked if I wanted to discuss anything ahead of the case, which I refused. Then once in with the judge he went through his witness statement and picked out all of the discrepancies within their own paperwork and highlighted these to the judge ahead of me bringing them up. Once it was my it was my turn I pointed out that there were no Ts & c's, & the statements according to s78 I should have received a yearly one in 2012,2013,2014,2015,2016 etc and have never received any. There were discrepancies in the amount claimed which I had pointed out in my ws and the judge said that if he were to award judgement it would be for the lesser of the 3 amounts. Anyway to cut a long story short, the judge asked for the Ts & C's and he couldn't provide them and then the Lowell guy asked for the case to be adjourned so he could get hold of them - the judge said absolutely no way this would be adjourned since I had asked for them in the cpr request in Feb 2016. then the judge ruled on dismissal and the Lowell man asked for the claim to be struck out instead so they could bring the case back to court with the correct docs and the judge said no, they had had ample time to supply them. Judge then asked if I would like to claim costs and I said yes, they limited them to £100 for time, postage and travel expenses.
All in all a successful day, but not one I would wish to repeat!
Thank you all for your help with this, I'm enjoying a glass of wine, whilst I wait for a cheque for £100 to arrive
xxmooxx
All in all a successful day, but not one I would wish to repeat!
Thank you all for your help with this, I'm enjoying a glass of wine, whilst I wait for a cheque for £100 to arrive
xxmooxx
nem
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