Judgment & Beyond ~ Budgie Vs Capital One

[Amethyst]

Re: Handing down and assessment hearing ~ Budgie Vs Capital One

You are very well prepared and will knock'em dead. Should be an interesting hearing.

[Birdie]

Re: Handing down and assessment hearing ~ Budgie Vs Capital One

Wishing you the very best of luck.

Bet Crap One will wish they'd never met you! LOL:moony:

Birdie
xxx

[Tools]

Re: Handing down and assessment hearing ~ Budgie Vs Capital One

I wish you the very best Bud, you have argued your corner on this one impeccably. Let us hope you get the result you are aiming for re the interest, it could open up new avenues for reclaiming.

[TANZARELLI]

Re: Handing down and assessment hearing ~ Budgie Vs Capital One

Hope it all goes to plan for Monday mate, look forward to the update.

Tanz

[bloomingflower]

Re: Handing down and assessment hearing ~ Budgie Vs Capital One

Hi Bud


Wishing you good luck for today Bud,you must be on your way now. Hope you bring back good news for all of us,keeping my fingers crossed for ya


Jasxx

[Sapphire]

Re: Handing down and assessment hearing ~ Budgie Vs Capital One

Budgie hun (((((((((((((((Hugs))))))))))))))) and Best Wishes for the hearing later.

[Amethyst]

Re: Judgment Handed Down ~ Budgie Vs Capital One

Budgie has left the hearing now, it lasted all of five minutes, and judgment was handed down.

The court has ordered witness statements to be sumbitted to work out the rate of interest he is entitled to.

Budgie requested that the Judge issue orders to Capital One to submit evidence proving that they have not been unjustly enriched by the taking of charges from Budgies account, or if they have by what rate.

The Judgment is attached and Bud will post in a bit when he gets home.

Basically the judgment says that compound interest is applicable to credit card claims - the only matter left to decide is which rate to use. Budgie is arguing for a rate of 30.34% compounded.

[EXC]

Re: Judgment Handed Down ~ Budgie Vs Capital One

The Compound Kid strikes!

[TANZARELLI]

Re: Judgment Handed Down ~ Budgie Vs Capital One

Result, nice one bud

[Sapphire]

Re: Judgment Handed Down ~ Budgie Vs Capital One

Well done hun

[bloomingflower]

Re: Judgment Handed Down ~ Budgie Vs Capital One

Wooohooo!!!! Well done Bud... Your knowledge and determination has paid off. This is what we were all hoping for in the end, so glad that the judge agrees that compound interest is applicable to CC claims.

It will be interesting to see what rate will be applied too.


Im so thankful that I have read up on your detailed account of the many different types of interest that are around and I think I have a much better understanding of how compound interest works thanks to your thread..(as opposed to contractual) I didnt have a clue before I joined LB. Also, I dont think there has been enough info about the whole idea of claiming compound before you came along.

Your encouragement and support of other claimants (including myself) who may be worried about applying compound interest to their CC claims has paid off in your own claim.

So well done once again Bud, you have set the pace for everyone to follow.

:cancan:


Jas xx

[Budgie]

Re: Judgment Handed Down ~ Budgie Vs Capital One

Hi All,

Nothing much to add to what Ame has already posted up earlier.

Hope you all enjoy reading the judgment.

I have already submitted a witness statement in respect of the next hearing, which I will post up in a few days, so the only orders issued today were in respect of information that Capital One should submit to the Court and myself by 10th December 2008. The assessment of damages hearing will then be scheduled for the first available date after 2nd January 2009 with the same Judge presiding.

Hearing only lasted five minutes.

However Judge did say that there is nothing to stop parties discussing the possibility of settlement prior to the next hearing !!!

Certain remarks made to me by the Capital One Barrister, after we had left the Courtroom lead me to believe that Capital One will not wish this case to proceed to the next stage.

The Barrister, not the same one who attended the last hearing, said that she thought that "a Judgment issued by a County Court Judge agreeing with a House of Lords appeal decision was a bit of a no brainer". When I said that it's a shame that her sentiments had not been reflected in Capital One's defences, witness statements and skeletal arguments to date she responded that "yes, well that wasn't down to me was it".

She asked me if I was more interested in the publicity or in settlement of the claim. I replied that this claim was my own claim for recovery of what I considered to be unlawfully applied charges to my account with an associated interest award. However, I also remarked that the claim was attracting a lot of interest from fellow Claimers.

She asked if I would consider agreeing a settlelment if one were offered. I said that it would depend on the offer. She asked if I would be willing to sign a non disclosure / confidentiality agreement. I of course replied that it would depend on the overall offer and the conditions attached.

Watch this space !!!

Looks like they might want to try and put a cover over Budgie's cage !!!!!***???

[Mochamoo]

Re: Judgment Handed Down ~ Budgie Vs Capital One

Your hard work and sheer determination is paying off now, well done Bud, keep the pressure on them

[TUTTSI]

Re: Judgment Handed Down ~ Budgie Vs Capital One

Fantasically, well done Budgie, you certainly showed up the qualified barristers for CAPONE. they must be very put out that they did not reflect correctly their clients defence, witness statement and sketal arguments. They really did not expect that a mear layman could or would read up on law and argue it in court to an impressive degree, you even impressed the Judge.

I am sure they will try and come to some arrangement to settle, and then it is up to you.

xx

[Amy]

Re: Judgment Handed Down ~ Budgie Vs Capital One

Has anyone read the judgement?