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Re: Drydensfairfax claim form statute barred debt!!
I WON.....
The court case was this morning. Although this matter has been stayed for 12 months the judge lifted the stay as the delay was due to a technicality on the claimants behalf. I didn't agree, the judge did.
The judge refused to award summary judgement.
Claimant said... there is no evidence that the £1500 paid in on the same day as the £1500 was debited from my wife's account was the same.
Judge said it was more than highly probable that it was .
Claimant said I did not provide any evidence as to our visit to the building society.
Judge said the claimant has had 12 months to conduct their own enquiries and didn't.
Claimant said all the info in my witness statement should have been provided in response to the initial claim at the beginning.
Judge said ... I was litigant in person and that should be taken into account, also, you have now had the info for several months.
Judge said... in all probability it would appear this matter is indeed statute barred and it is for the claimant to prove otherwise not me.
He agreed to stay the case for 56 days, if no further application from the claimant is made the case will be dismissed.
On leaving the barrister said " I wish I could get all my credit cards written off and walked away in a huff.
I WON.....
The court case was this morning. Although this matter has been stayed for 12 months the judge lifted the stay as the delay was due to a technicality on the claimants behalf. I didn't agree, the judge did.
The judge refused to award summary judgement.
Claimant said... there is no evidence that the £1500 paid in on the same day as the £1500 was debited from my wife's account was the same.
Judge said it was more than highly probable that it was .
Claimant said I did not provide any evidence as to our visit to the building society.
Judge said the claimant has had 12 months to conduct their own enquiries and didn't.
Claimant said all the info in my witness statement should have been provided in response to the initial claim at the beginning.
Judge said ... I was litigant in person and that should be taken into account, also, you have now had the info for several months.
Judge said... in all probability it would appear this matter is indeed statute barred and it is for the claimant to prove otherwise not me.
He agreed to stay the case for 56 days, if no further application from the claimant is made the case will be dismissed.
On leaving the barrister said " I wish I could get all my credit cards written off and walked away in a huff.
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