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  • #16
    Re: What could be done here ?

    Originally posted by CleverClogs View Post
    Perhaps they've concluded you're too impecunious to sue?
    Since when has that ever stopped them!!!!!!

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    • #17
      Re: What could be done here ?

      Originally posted by Flowerpower
      The one thing I note is that it all refers to an online application, I never applied online for any CCs, my Egg must have been one of the first ones, probably in late 90s. I wonder whether it would make any difference, all hypothetical of course as there's been no contact in over 2 years...
      As I understand it all Egg products were solely online. My credit card application from 1999 certainly was as I thought the process had crashed until it bounced up with a circa £6500 limit.

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      • #18
        Re: What could be done here ?

        Lets not forget Slater took Egg to court!

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        • #19
          Re: What could be done here ?

          Originally posted by Flowerpower
          Yes, I noted that too when I read the judgment. A bit like Carey really...
          All those people challenging their agreements as claimants have been responsible for a lot of case law that can now be used against those looking to use UE from a defensive position.
          well it was me who took it to the High Court,

          but part of the problems with that case was her evidence changed on the stand from her witness statement. Thus her case that the terms werent there was not believed.

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          • #20
            Re: What could be done here ?

            Originally posted by Paul. View Post
            well it was me who took it to the High Court,

            but part of the problems with that case was her evidence changed on the stand from her witness statement. Thus her case that the terms werent there was not believed.
            Not much good if the witness cannot remember what was put in the statement and not be swayed from it under cross examination.

            From reading the judgement, it was clear there was some problem when you have comments such as "rings a bell" or similar.

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            • #21
              Re: What could be done here ?

              Originally posted by Talay View Post
              Not much good if the witness cannot remember what was put in the statement and not be swayed from it under cross examination.

              From reading the judgement, it was clear there was some problem when you have comments such as "rings a bell" or similar.
              we had no idea that she was gonna deviate from the statement thats the thing

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              • #22
                Re: What could be done here ?

                Originally posted by Paul. View Post
                we had no idea that she was gonna deviate from the statement thats the thing
                My point exactly. You'd think the witness would be cramming as for an exam with a copy of their statement in their pocket just to make sure everyone was singing from the same hymn sheet.

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                • #23
                  Re: What could be done here ?

                  Originally posted by Flowerpower
                  'Rings a bell' is hardly the sort of expression that makes one sound like a credible witness! If I went to court, that would never be my choice of words. I would probably say "to the best of my recollection" instead...
                  Being a witness is unnerving. I am not afraid, worried or easily intimidated but I have seen many witnesses who crumbled even before cross examination.

                  I remember from long ago a statement whose origin escapes me, which goes something along the lines of a barrister never asking a question to which he did not already know the answer.

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                  • #24
                    Re: What could be done here ?

                    Being on the stand is not an easy task, I've been there, but if you stick to your guns, then it should be ok, and depends as well on how good is the barrister opposite on their cross examination.

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                    • #25
                      Re: What could be done here ?

                      Originally posted by Paul. View Post
                      well it was me who took it to the High Court,


                      I knew that - sometimes you just can't get the staff witnesses eh
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