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Let battle begin!!
Just back from court,for allocation hearing and directions. for a very old peoples bank credit card -no original cca only recon provided
Before going in young guy solicitor or trainee before bar trys it on with me( A bit of a smarmy get if he is reading lol) to tell me that carey is applicable and they dont have to provide the original documents, this was a bulk centre claim and he also told me that PD 16.7. does not apply because of this!!quoting some other rule about it going through the bulk centre
He also trys to do a deal with me to capitulate and make an arrangement with him as my case is fatally flawed whilst at the same time admitting that the agreement is unenforcable which means in his opinion on mcguffick that they can get a CCJ but not enforce it.I told him I didnt want to talk but would listen and agreed to let the judge make her mind up.
The lady judge was very pleasant although it seemed to me that she didnt know consumer law that well and the claimant kept prompting that the recon is acceptable.I had recently spotted that the default notice I had recieved was issued whilst the account was in dispute this is acknowledged by a letter that they had not provided my agreement and were still looking for it and dated 6 months after the default notice (dated6th march but only allowing til22 march to pay arrears)
As the judge was taking more notice of the claimant than me she accepted his argument that a recon needs to be provided and a copy of the default notice despite my best efforts to point her to PD 16.7
I tried to tell her that this was not a section 78 issue but she was still using that as the basis hence the order to disclose only the recon
They now have been ordered to disclose a recon of the agreement and the default notice and that a case management hearing is to follow
The other side asked for a particular judge from the court to reside over the hearing, I thought that was unfair as it is probably pushing things their way but didnt argue the point
As we were leaving the court room the judge asked the other side to hang back and had a 10-15 minute chat in private,I felt this was abit unusual and challenged young upstart on his way out but he simply implied it was a private conversation and nothing to do with the case
Where do I go from here??
onlyme
Just back from court,for allocation hearing and directions. for a very old peoples bank credit card -no original cca only recon provided
Before going in young guy solicitor or trainee before bar trys it on with me( A bit of a smarmy get if he is reading lol) to tell me that carey is applicable and they dont have to provide the original documents, this was a bulk centre claim and he also told me that PD 16.7. does not apply because of this!!quoting some other rule about it going through the bulk centre
He also trys to do a deal with me to capitulate and make an arrangement with him as my case is fatally flawed whilst at the same time admitting that the agreement is unenforcable which means in his opinion on mcguffick that they can get a CCJ but not enforce it.I told him I didnt want to talk but would listen and agreed to let the judge make her mind up.
The lady judge was very pleasant although it seemed to me that she didnt know consumer law that well and the claimant kept prompting that the recon is acceptable.I had recently spotted that the default notice I had recieved was issued whilst the account was in dispute this is acknowledged by a letter that they had not provided my agreement and were still looking for it and dated 6 months after the default notice (dated6th march but only allowing til22 march to pay arrears)
As the judge was taking more notice of the claimant than me she accepted his argument that a recon needs to be provided and a copy of the default notice despite my best efforts to point her to PD 16.7
I tried to tell her that this was not a section 78 issue but she was still using that as the basis hence the order to disclose only the recon
They now have been ordered to disclose a recon of the agreement and the default notice and that a case management hearing is to follow
The other side asked for a particular judge from the court to reside over the hearing, I thought that was unfair as it is probably pushing things their way but didnt argue the point
As we were leaving the court room the judge asked the other side to hang back and had a 10-15 minute chat in private,I felt this was abit unusual and challenged young upstart on his way out but he simply implied it was a private conversation and nothing to do with the case
Where do I go from here??
onlyme
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