Phoenix Recoveries v Kotecha Jan 2011

[cymruambyth]

Re: Phoenix Recoveries v Kotecha Jan 2010

Unfortunately in this court it does appear to be the case. in my first case the DJ was on good terms with the barrister, who had to explain who the SRA were to him.

This is why I am trying to negotiate a f&f as well as looking for anything to help in the next imminent case

[pt2537]

Re: Phoenix Recoveries v Kotecha Jan 2010

Unfortunately in this court it does appear to be the case. in my first case the DJ was on good terms with the barrister, who had to explain who the SRA were to him.

This is why I am trying to negotiate a f&f as well as looking for anything to help in the next imminent case

you are trying to settle? a case where there are no statutory terms anywhere? with the Devendra Kotecha Judgments?

I dont follow?

[cymruambyth]

Re: Phoenix Recoveries v Kotecha Jan 2010

It is my OH's case, we have applied for me to represent him; he was with me on the 2 failures and doesn't think it is worth fighting, so I have been trying to negotiate a f&f. Negotiations began before this result (unsucessfully so far .....) and court is within the next 10 days.

[pt2537]

Re: Phoenix Recoveries v Kotecha Jan 2010

It is my OH's case, we have applied for me to represent him; he was with me on the 2 failures and doesn't think it is worth fighting, so I have been trying to negotiate a f&f. Negotiations began before this result (unsucessfully so far .....) and court is within the next 10 days.

id suggest getting Counsel to represent you, if you win, the opponents will pay the costs of the barrister in any event, so if your case is that strong then you should nt have any thing to worry about

[Ihaterbs]

Re: Phoenix Recoveries v Kotecha Jan 2010

[QUOTE=pt2537;194748]Ahh

Therein lies the difficulty faced by a litigant in person, as most banks will have counsel, and by contrast, the lip is on his own.

It seems to me that unless you have counsel in your corner you have an uphill struggle[/QUOTE

Agreed.

[cymruambyth]

Re: Phoenix Recoveries v Kotecha Jan 2010

Thanks pt, I'll see if there is anyone who is local, understands the CCA, can work on the date I need, is direct access and not too expensive!

[cymruambyth]

Re: Phoenix Recoveries v Kotecha Jan 2010

Great, I've tried the direct access route; 'I have a fair grasp of the legal concepts .... we the small sums involved....may not be financially viable to be represented....'
I'm back on my own again, so any advice gratefully accepted!

[Amethyst]

Re: Phoenix Recoveries v Kotecha Jan 2010

Urgghh doesn't sound too positive then.

On your last case, which I know you lost, was it fair that you lost or id you feel trampled on and sidelined by the other side ? If your case is strong and with the backup of Kotecha, even if the judge decides the terms are linked to the front page of the agreement, those terms still need to be the correct ones from inception and you need to get your evidence sorted to show they couldnt possibly have been - have you already argued that in your defence/witness statements etc ?

I don't know if we have the jugment transcript available yet as that should have much more detail in.

In your negotiations for settlement have you bought up Kotecha at all ?

Have you posted up their witness statements and the relevant documents anywhere, as more eyes may help get your arguments straight.

In your defence you mention some prescribe terms that are missing which the other side say in their WS don't need to be there?

Obviously keep trying to sort out rep if you want to go that way but also be absolutely ready to go in yourself as LIP while negotiating on a WP basis.

[cymruambyth]

Re: Phoenix Recoveries v Kotecha Jan 2010

Thanks for replying, I have started a thread in VIP re their attempt to collect s69 interest; instead of taking over this topic I will post more information there.
Re previous defeats, I feel that I didn't have much chance because of the balance of probabilities rule, I could probably could have presented the case better, however I did cover all the points with case law etc. The DJ did not listen or note everything that I said.
Re a settlement I started before Kotecha and they haven't replied since.

My other thread http://www.legalbeagles.info/forums/...ad.php?t=26452

[jebedee]

Re: Phoenix Recoveries v Kotecha Jan 2010

If you choose to defend this in the SC court then you might consider taking the judge through the relevant paragraphs of the Carey judgment followed by C of A decision in Kotecha and finally the OFT guidance on information requests made under S77 and S78 CCA. Particulary para 2.21 of the guidance. Take you time and be well prepared for the hearing, make notes, you are attempting to "sell" your case to the DJ, so smile and confirm he understands your points before moving on. If possible ask why the other side believe the T&Cs are the correct ones. Above all do not rush your case and stay calm.

[frisp]

Re: Phoenix Recoveries v Kotecha Jan 2010

BAsed on my experiences with Wescot and the instance with a DJ I'd go with what PT says lay your case out for a local legal firm and see if the'll carry out a risk assessment to see if you can qualify for a 'no win no fee' deal.

LIP is an upill struggle now as the other side will undoubtedly employ legal council and as good as you think you understand the legal concepts it'll be a challenge

[cymruambyth]

Re: Phoenix Recoveries v Kotecha Jan 2010

BAsed on my experiences with Wescot and the instance with a DJ I'd go with what PT says lay your case out for a local legal firm and see if the'll carry out a risk assessment to see if you can qualify for a 'no win no fee' deal.

LIP is an upill struggle now as the other side will undoubtedly employ legal council and as good as you think you understand the legal concepts it'll be a challenge

I haven't been able to find a local no win no fee and time is running out. The local firm I spoke to thought I had a ggod grasp of the legalities and didn't think it would be financially viable; this was after court was provisionally booked. It looks like it is battle no3.

[mystery1]

Re: Phoenix Recoveries v Kotecha Jan 2010

Have you tried PT's firm Watsons Solicitors | Welcome ?

PS website looks knackered at the moment.

M1

[cymruambyth]

Re: Phoenix Recoveries v Kotecha Jan 2010

Thanks Mystery but local barrister said that as it is SC we would not be able to claim all the costs invloved; the distance from pt's firm would add considerably to these costs.

[pt2537]

Re: Phoenix Recoveries v Kotecha Jan 2010

Have you tried PT's firm Watsons Solicitors | Welcome ?

PS website looks knackered at the moment.

M1

cant you tell, IT isnt our strong point lol

Actually we were waiting til the recent case results come out before we upgraded it, but the webby is being sorted

and btwm we did a case in plymouth, had one in blackpool, another in hastings, and one in the north east.

Distance is no problem