County court papers received out of blue from lowell

[Scigal]

Re: County court papers received out of blue from lowell

3. File what ?

5. Could be any cases you wish to rely on. Needs clarified.

M1

I think 3 is to file any more evidence?

yes he means the cases i took. As the solicitor got a bit twitchy at the pile of papers i had. I said as i intended to mention cases then thought it pertinent to provide evidence for all of us. Whereas he was citing cases and not explaining anything or even providing evidence.

the judge said all i need to do is mention where in the case i am referring so the judge can look at it before hand.

[Scigal]

Re: County court papers received out of blue from lowell

Urgh! Yes.

So debit card payment on 28/12/2007 (allegedly)

Claim issued on 05/11/2013

5 years and 11 months (ish) later

I think that payment is unlikely. I was a single mum, on long term sick, i was in trouble for not paying rent. In an utter mess. I doubt i would have paid that, in 2007 that would have been a ginormous amount of money to me.

The bank chap was lovely and he tried to access what he could on his system but it didnt go back enough, the he called head office to see if they had better software. They didnt. So he asked them togo through microfiche to find the statements what an ethicAl banking chap he is massively impressed with his help.


also, i wasnt at home on that transaction date. I was at my parents. Just after christmas. Am i hell going to be making payments where i cant afford them!!

[mystery1]

Re: County court papers received out of blue from lowell

3. File what ?

5. Could be any cases you wish to rely on. Needs clarified.

M1

[Scigal]

Re: County court papers received out of blue from lowell

So my notes say:

1-allowed evidence
2- adjournment and relisting
3- file no later than 4pm 6th june.
4- claimants costs by adjournment in any event to be paid by the claimant no later than 4pm 13th june
5- cases to court and solicitor by 4pm days before new hearing. (Is this same as point 3?)
6- outline. Skeleton argument. He said if someone is in the background helping me then they will know what to do.

i hope its him at the next hearing.

I am surprised he allowed it though, he did rip them apart quite well on various elements. The lack of CCA, had requested it several times etc etc, they are a big org and should get their tackle together properly if they expect to sue some one etc

[Scigal]

Re: County court papers received out of blue from lowell

The judge also said he would take into consideration the out of date evidence being out of date, if i wanted to continue...maybe i should have pushed to continue? Was he leading me without being obvious?

[Scigal]

Re: County court papers received out of blue from lowell

I'd be asking about the cover for sure although it may not get you good help. General lawyers are out of their comfort zone if they're not writing wills. Some are better than others though. Hard to say exactly what your cover allows. Call them and find out.

Can't buy me i ain't a lawyer and that'd be against the legal services act

M1

can i just buy you too make me feel a whole lot happier, we can walk in, i will look at mr smarmy and say 'look what i brought to show and shaft' then ill add BITCH to the end. Just cos i like Breaking Bad so much.

I will call them for sure.


Ho hum. More time of work. What a nightmare.

[Scigal]

Re: County court papers received out of blue from lowell

Hi Scigal

I have been following your thread and was reading about your court experience today - I felt your stress and could have cried for you.

Its so intimidating and everything seems to go of your head. When I went to court recently with my son, we didnt expect it to be so formal (judge sitting in front of us on elevated platform and we sat below feeling very little), in fact we lost the power of speech for the first 5mins lol.

Anyway, well done for being so brave today and best of luck with the stage xx

Hi thank you for your kind words, i hope your day ended better than it started x

[mystery1]

Re: County court papers received out of blue from lowell

I'd be asking about the cover for sure although it may not get you good help. General lawyers are out of their comfort zone if they're not writing wills. Some are better than others though. Hard to say exactly what your cover allows. Call them and find out.

Can't buy me i ain't a lawyer and that'd be against the legal services act

M1

[Scigal]

Re: County court papers received out of blue from lowell

Don't know but it's quite disappointing to here that the judge knows he has made a dubious call in allowing the claim to continue.

Still you didn't lose, i guess.

They way you put it makes me wonder if you'd have had a lawyer he wouldn't have done that.

M1

Hi, im just cathcing up.


i do have free legal cover, can i use that for this? And more importanly can i 'buy' you with it!! d)

[Bigsis]

Re: County court papers received out of blue from lowell

oops *next stage*

[Bigsis]

Re: County court papers received out of blue from lowell

Hi Scigal

I have been following your thread and was reading about your court experience today - I felt your stress and could have cried for you.

Its so intimidating and everything seems to go of your head. When I went to court recently with my son, we didnt expect it to be so formal (judge sitting in front of us on elevated platform and we sat below feeling very little), in fact we lost the power of speech for the first 5mins lol.

Anyway, well done for being so brave today and best of luck with the stage xx

[Amethyst]

Re: County court papers received out of blue from lowell

Okay ref the CCA - yes £15 is correct for default fees in 2001.

[Nibbler]

Re: County court papers received out of blue from lowell

This one.

Urgh! Yes.

So debit card payment on 28/12/2007 (allegedly)

Claim issued on 05/11/2013

5 years and 11 months (ish) later

[mystery1]

Re: County court papers received out of blue from lowell

But we can't go round advising people to take lawyers/barristers to small claims hearings because they'll be so unlikely to recover the costs. You could spend 2 k defending a 1k claim. Its also risky to argue Fast track due to complexity as then the defendant is at risk of their costs.Its a real Catch 22.

Oh no, i was advocating that at all, just that the judge sounds like he was taking advantage and wouldn't have done so to a pro. Makes me sick really but what can you do.

Onwards and upwards.

M1

[Celestine]

Re: County court papers received out of blue from lowell

But we can't go round advising people to take lawyers/barristers to small claims hearings because they'll be so unlikely to recover the costs. You could spend 2 k defending a 1k claim. Its also risky to argue Fast track due to complexity as then the defendant is at risk of their costs.Its a real Catch 22.