Marks and Spencer illegible 2004 agreement

[robby7307]

By way of an update to an old post I was taken to court, stupid I know I thought I was home and dry the copy agreement was mostly unreadable the only bits that could be read was the hand written items and a few bits in bold it was signed in 2004 by myself but not by M & S, the box I signed in had writing which looked like a thick line the only I could go on about what was said but the long and short was the Judge said you have had the money and you have made payments so judgement in favor of the claimant he was not interested in anything I had to say, which was quite a lot in regard to a pre 2007 agreements, as learnt on this forum......... To be fair the statement you have had the money and you have made payments is a fair comment, but its not the law is it ?

[warwick65]

Re: Marks and Spencer illegible 2004 agreement

Hi
No its not the law

I suppose the relevant questions are - when was the Judgement? Did you ask for leave to appeal ? and roughly how much was the claim ?

[robby7307]

Re: Marks and Spencer illegible 2004 agreement

Thank you for your reply Warwick65 why is it not the law ? Is this forum wrong ? it is very clear here
http://www.getoutofdebtfree.org/foru...hp?f=5&t=69673
The judgement was at the end of November
No leave for appeal as I already had £1400.00 worth of costs from their solicitors and did not want any more.
Claim with costs etc £9200.00

[MIKE770]

Re: Marks and Spencer illegible 2004 agreement

Re: Marks and Spencer illegible 2004 agreement

Thank you for your reply Warwick65 why is it not the law ? Is this forum wrong ? it is very clear here
http://www.getoutofdebtfree.org/foru...hp?f=5&t=69673

Yessssssssssssssssssssssssssssssssss


that forum has cost people thousands and sadness keep well clear

[robby7307]

Re: Marks and Spencer illegible 2004 agreement

Thank you Mike770 for your reply
At the end of the day this is the last Debt I had so now clear I have paid it now. I was just curious as the agreement was unreadable and there is case law on such agreements the main question is how can it possibly be enforceable if you cant read it ? all water under the bridge now as I said just curious.

[warwick65]

Re: Marks and Spencer illegible 2004 agreement

Thank you for your reply Warwick65 why is it not the law ? Is this forum wrong ? it is very clear here
http://www.getoutofdebtfree.org/foru...hp?f=5&t=69673
The judgement was at the end of November
No leave for appeal as I already had £1400.00 worth of costs from their solicitors and did not want any more.
Claim with costs etc £9200.00

As usual goodf gets some things right but the important things wrong. It is a sad case when it costs people money.
From what you have said I believe you had a case but of course I do not know all the details.
The problem with goodf is that Imo judges see the claims and think fruit loop. For example this rubbish about certified copies and recons not being acceptable for S78. Have they read Carey? Or spoken to Joanna C

[robby7307]

Re: Marks and Spencer illegible 2004 agreement

Thank you Warwick65 I get the impression that a Judge will not take any notice of anything you say even if you are right for the simple fact they don't always know the answer or the law, the long and short you need a solicitor to tell them the law which of course comes at a cost and you still might loose or of course you could win. Thanks again for your input.

[warwick65]

Re: Marks and Spencer illegible 2004 agreement

It does depend on the Judge, some are very good while others do lack the expertise

As you may know I had representation in court and the first hearing would possibly have been a stitch up job without, the second wasn't exactly a walk in the park but the Judge had read and more importantly understood the legal arguments included in my WS - more than I did I can tell you.