**WON!!** Can I amend a poor defence ?

[xxmoomooxx]

Re: Can I amend a poor defence ?

Yes, Cant see her travelling down here on a fri afternoon

[nemesis45]

Re: Can I amend a poor defence ?

Yes, Cant see her travelling down here on a fri afternoon

Nor me!! My be one of theirs " litigation" assistants that produce the most imaginative witness statement I have ever seem! (imaginative = loads of crap!!)

nem

[xxmoomooxx]

Re: Can I amend a poor defence ?

Yes, - it is a bit like Jackanory

[nemesis45]

Re: Can I amend a poor defence ?

Yes, - it is a bit like Jackanory

I had Janet & John in mind!!

nem

[xxmoomooxx]

Re: Can I amend a poor defence ?

Ha ha Yes - Got in summed up there!!

moox

[xxmoomooxx]

Re: Can I amend a poor defence ?

Hi

Checked with the court and the hearing fee is paid, and know who the judge is and in what chamber etc . Ive got a speech for the judge and have a list of all the irregularities/discrepancies and contradictions within their paperwork - the devil is definitely in the detail, and so long as the judge gives me the opportunity to go through these rather than strike out my defence as they have asked for, I think I have a reasonable leg to stand on.... will post up Fri evening and let you know how I get on, fingers firmly crossed for an judge who may take pity on someone who knows nothing about law Thanks for the help with this .
xxmooxx

[xxmoomooxx]

Re: Can I amend a poor defence ?

So today is Judgement day any last minute advice ?
xmoox

[xxmoomooxx]

Re: Can I amend a poor defence ?

Just got home from court, and have to say I never want to have to do this again, but I won!!!! Case Dismissed with costs awarded Would like to thanks @Di and [MENTION=42011]Nem[/MENTION] for their help.

XXmooXX

[charitynjw]

Re: Can I amend a poor defence ?

Well done you!
[MENTION=87380]Diana M[/MENTION] [MENTION=55034]nemesis45[/MENTION] [MENTION=49370]Kati[/MENTION] for info.

[nemesis45]

Re: Can I amend a poor defence ?

Just got home from court, and have to say I never want to have to do this again, but I won!!!! Case Dismissed with costs awarded Would like to thanks @Di and @Nem for their help.

XXmooXX

That's great new well done!!

Have A GREAT weekend.

nem

[MIKE770]

Re: Can I amend a poor defence ?

well done!:judgey::goodjob:

[xxmoomooxx]

Re: Can I amend a poor defence ?

Thanks all, Have a great weekend too
x

[Kati]

Re: Can I amend a poor defence ?

Congrats xx

[Diana M]

Re: Can I amend a poor defence ?

Just got home from court, and have to say I never want to have to do this again, but I won!!!! Case Dismissed with costs awarded

Excellent!

You were dreading the event and you even considered not going at all.

But you did.

You won and got costs too

I look forward to the debrief of what happened in court (blow by blow) after you've had time to enjoy the moment.

Di

[xxmoomooxx]

Re: **WON!!** Can I amend a poor defence ?

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