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bex2016

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  1. Hi all First of all i want to say a big thank-you to everyone on this site coz i couldn't have got as far as i have without you....ahhhh:) .....especially GaryH, fzrkitten and hadyath (hope i spelt those right!) I have been a closet 'CAG' forum user for months and i thought i should let you know my experience in the hope that it will help others.. Just briefly to bring you up-to-date... All the standard letters and docs have being going backwards and forwards between me, Lloyds and SCM.. Court date in small claims court was today.. and it was stayed! Had been preparing all weekend and up early this morning to go through everything and it was all over in 10 minutes! Just before we went in, the Court Usher advised us that the High Court have ruled that all cases will be stayed pending the OFT test case and that the judge would explain it to us.....however when we went in the Judge appeared to be going ahead with the hearing unfortunately for us he wasn't sympathetic and i think he had made up his mind before we came in....he also wasn't an advocate of these sites, he said that to conduct a case via internet help wasn't doing us any favours! Being a litigant in person (i've learnt such a lot!! :o)) i don't see how else we could have got the information without paying a fortune to a solicitor......i still love you guys!! As there is so much information to take in with the case etc, we decided to concentrate on preparing for the Bank to apply for the stay...but they didn't! We had prepared a long argument about requesting the defence be struck out for the Banks non-compliance and abuse of process but it didn't get that far.. The judge said that we were ahead of ourselves because although Lloyds hadn't complied with the Court Order for the court bundle to be sent to us, the Court hadn't then issued an 'Unless' Order...ie, 'unless' you comply with this Order by xx date then the defence will be struck out.... He then went on to say that after reading our case notes he said if we went ahead with the case it was his opinion that it would be dismissed! I didn't understand because our case is no different to the hundreds that have been settled. He said that unless Lloyds were in breach of contract..ie taken more than were in our T&C's then we wouldn't win. And because i had used my limited time and memory preparing for the 'stay' situation i couldn't argue sufficiently well......but to be honest he had made up his mind anyway and i don't think anything i had said today would have changed his mind.... (i know that there was someone in after us against Lloyds and they had the exact same decision) So, we felt that we didn't stand a chance so we agreed to the stay in the hope that we will get something when the test case is settled. The law is the law and its there for a reason but it seems so unfair when it is at the mercy of the views of individual Judges, who interpret it how they seem fit. I really hope that others have more luck and if i can help in anyway just let me know, Bex x
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