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Ok - So final update...tl/dr the lifting of the stay was refused and the claim has been struck out
Longer version: Arrived at court around an hour early (ADHD Brain) had a notebook filled with the points I thought I could hit
Advocate turned up around 5 mins before the case was heard and was surprised I was there,
She tried to tell me what the plan was,
I explained I did not have any information on this, had only two emails this year and no court documents.
She tried to catch me out by constantly asking how I knew about today,
I said from her email on the 20th Dec,
She then went and made a call.
Got into the main court so in front of where the jury sits etc.
Judge asked me if I was representing myself - answered yes.
The judge went into the details of why the claimant wanted the stay lifted and was not happy with what he heard,
He sent us away so the advocate could call the claimant for direction
Advocate came back and continued to argue that a letter in 2022 constituted the evidence for the stay,
Judge said this was not evidence, the witness statement was not correct and did not show why they had waited 2 1/2 years and after several circular discussions the judge indicated he was done,
He not only refused to remove the stay, but struck out the claim but gave leave to appeal and advised the advocate to go back with this information
Advocate said she wanted to appeal there and then - then suggested the judge has made an error of judgement,
Judge gave her time to go through the 102 page document to find any shred of evidence he missed,
She went back to the same argument, adding in I was well aware of the credit agreement and it was not right and against the spirit of the law to allow me to get away with it (word for word.....)
He denied the leave for appeal at this point
She then demanded the paperwork now stating he was not giving leave to appeal
The judge, kindly, reminded her that is not the process as she was aware and that she will receive it in due course.
She very swiftly left and I thanked the judge.
So yeah - clip notes always turn up even if it looks like a lost cause!
Longer version: Arrived at court around an hour early (ADHD Brain) had a notebook filled with the points I thought I could hit
Advocate turned up around 5 mins before the case was heard and was surprised I was there,
She tried to tell me what the plan was,
I explained I did not have any information on this, had only two emails this year and no court documents.
She tried to catch me out by constantly asking how I knew about today,
I said from her email on the 20th Dec,
She then went and made a call.
Got into the main court so in front of where the jury sits etc.
Judge asked me if I was representing myself - answered yes.
The judge went into the details of why the claimant wanted the stay lifted and was not happy with what he heard,
He sent us away so the advocate could call the claimant for direction
Advocate came back and continued to argue that a letter in 2022 constituted the evidence for the stay,
Judge said this was not evidence, the witness statement was not correct and did not show why they had waited 2 1/2 years and after several circular discussions the judge indicated he was done,
He not only refused to remove the stay, but struck out the claim but gave leave to appeal and advised the advocate to go back with this information
Advocate said she wanted to appeal there and then - then suggested the judge has made an error of judgement,
Judge gave her time to go through the 102 page document to find any shred of evidence he missed,
She went back to the same argument, adding in I was well aware of the credit agreement and it was not right and against the spirit of the law to allow me to get away with it (word for word.....)
He denied the leave for appeal at this point
She then demanded the paperwork now stating he was not giving leave to appeal
The judge, kindly, reminded her that is not the process as she was aware and that she will receive it in due course.
She very swiftly left and I thanked the judge.
So yeah - clip notes always turn up even if it looks like a lost cause!
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