Judgment & Beyond ~ Budgie Vs Capital One

[Paule]

Re: Judgement Reserved ~ Budgie Vs Capital One

am more worried about Sapphy being able to keep her legs crossed for a whole week !!!

Ha Ha, lucky if you can get an Essex girl to keep em shut for an hour

[Budgie]

Re: Judgement Reserved ~ Budgie Vs Capital One

Hi All,

Just a quick update.

Nothing much more to add to what Ame already posted.

Ms Sethi turned up an hour or so late looking like death warmed up and disappeared into the ladies loo for about 15 mins.

We eventually went into court room about 11.45 ish.

Judge Stewart resembled Stephen Fry in both looks and demeanour and sounded like him too.

There was a little bit of preamble and then Judge let me loose.

I covered all the points in my notes ( see my thread ). I had a break in the middle cos Judge wanted me to get onto the Sempra points. But I steered it back to some of the points he had asked me to skip and eventually got them all in and of course covered Sempra in great detail and explained it's relevance to my own claim.

The only arguments Ms Sethi raised were as follows :-

If Judgement goes against them they do not consider that I should receive compound interest from the date they offered to repay back the charges part of my claim ( end of April, when they filed defence ). I of course argued against this on the basis that they had not made me an offer they had tried to force payment and had not fully taken my claim into account. However, if I lose a little bitty of compound interest on this point then it's no great loss.

She tried to argue that Cap One had made an offer and also tried to make payment to me before I actually filed the court claim. I of course argued against this , provided evidence and the Judge agreed with me. Ms Sethi also conceded the point which didnt do her any favours.

She tried to argue that my claim is not a restitiuionary claim and that Sempra is all about claims in restitution so is not relevant. I of course put her right on both scores quoting all the relevant paragraphs from Sempra, most of which I had already quoted in my own presentation. The Judge seemed happy with what I had said.

She also argued that there was no evidence of unjust enrichment. Again I put her right on this issue again re-stating bits from my earlier presentation and referring the Judge to the relevant parts of my WS and Skeleton arguments.

Her main argument was that according to the Westdeutsch case compound interest is only payable under a fiduciary relationship. This is a load of old ******** and I of course put the Judge straight on that score again with relevant paragraphs from Sempra which explain away the possible relevance of that part of Westdeutsch.

All in all I was pleased with the way things went. The Judge seemed to have a very good grasp of my claim and of the relevance of Sempra and of common law wrt penalties.

The Judge has retired to consider and write his judgement ( he is starting this afternoon ) and I should receive it within 1 week.

He will set up a new hearing for handing down of his judgement and final resolution of my claim. He acknowledged that either party may wish to appeal his decision and that either party may wish to apply for wasted costs.

He gave me a few clues to the possible outcome in his final few sentences. However I am not going to forecast things either way. This will be an incredibly difficult and momentous judgment, which ever way it goes so will make for a very interesting and suspensful wait until judgment is delivered.

There's bugger all I can do now except wait !!!!

Budgie

[EXC]

Re: Judgement Reserved ~ Budgie Vs Capital One

Excellent work Bud.

[Curlyben]

Re: Judgement Reserved ~ Budgie Vs Capital One

By the sounds of it they have been well an truly kicked in the danglers

Nice one Bud.

[Sapphire]

Re: Judgement Reserved ~ Budgie Vs Capital One

Ha Ha, lucky if you can get an Essex girl to keep em shut for an hour

You are in soooooooooo much trouble Paul :rolleyes:

[Paule]

Re: Judgement Reserved ~ Budgie Vs Capital One

You are in soooooooooo much trouble Paul :rolleyes:

Not as much as Chelsea are tomorrow

sory for thread hijack

[Sapphire]

Re: Judgement Reserved ~ Budgie Vs Capital One

Well I guess this next week or so is going to be a very long one for Bud, so its up to us all to keep him busy, upbeat and chirpy.

Oh and by the way I think you handled yourself admirably hun, reminds me of that old programme Rumpole of the Bailey lol.

[bloomingflower]

Re: Judgement Reserved ~ Budgie Vs Capital One

Hi Bud !

Well done Bud ! I do hope the Judge comes back with the right Judgment for you, as you deserve it for all your hard work you put into preparing your case. You certainly do know your stuff !!! From reading your post, I think the Judge thought that too !!

I think his Judgment will be very crucial to us all who may be applying the compound interest portion to their credit card claims too... So.. lets just hope the next week will roll on very fast for you .....:hug:




Bf xx

[Amethyst]

Re: Judgement Reserved ~ Budgie Vs Capital One

Excellent sounds even better put like that Bud. Well done

[TANZARELLI]

Re: Judgement Reserved ~ Budgie Vs Capital One

Good work Bud. Sound promising from what you've posted. Glad it went well and that you were allowed to get all the finer points accross. Well done.

Look forward to the next instalment. "Tune in next week folks!!!"

[ed.]

Re: Judgement Reserved ~ Budgie Vs Capital One

Sounds like the day couldn't have gone better mate, well done. Hope the Judgment reflects not only the right decision, but the work you have put into this.

[scoobydoo]

Re: Judgement Reserved ~ Budgie Vs Capital One

Well done Bud for geting all your points across. It sounds like you impressed the judge!

will be watching this thread with interest.

scooby

[TUTTSI]

Re: Judgement Reserved ~ Budgie Vs Capital One

Well done for getting all your points accross.

Which type of court was you case heard.

Waiting with interest (excuse the pun) for the Judge to give his verdict.

xx

[jax007]

Re: Judgement Reserved ~ Budgie Vs Capital One

Well Bud certainly seems you gave em a run for their money hun!! Do hope all goes well for you on a personal level, not least because of all the homework you have done, but also for the rest of us who are in the same position.

It's great when you know what you're talking about isn't it

All the best hun
jax

[fuzzybrain]

Re: Judgement Reserved ~ Budgie Vs Capital One

Well done bud - perhaps you will you be the example we quote when we hit the banks for compound CI!!! Sounds like you are about to become famous - or informous!!!!