Robinson Way lifting a stay on a County Court claim made in July 2009 - Happy Christmas!!

[Mike_hawk]

Finished your skel or still tinkering?

[Bev250264]

Finished your skel or still tinkering?

 

Can't tinker anymore. I'll PM you a copy. Can't face blanking everything out again.

[Mike_hawk]

Just replied

[Bev250264]

Just replied

 

Wrong one. Bear with me and I'll send the right one.

[Mike_hawk]

Wrong one. Bear with me and I'll send the right one.

 

Don't do that in the morning, lol

[Bev250264]

Just sent. Ignore the numbering. Still working on that

[Bev250264]

Don't do that in the morning, lol

 

Just completely knackered!! I had two open on the screen. Luckily I'd printed off the right one.

[Mike_hawk]

Couple of changes I spotted that should be made

 

7. 2006 amendments where stated do apply... Post default interest etc

 

10.2 (the second one!) 'Unenforceable'

 

12.1 add a line referencing the claimants continued position that this was a business facility

[Mike_hawk]

Take extra copies in the morning, hand one to the usher, and one to the other side in the waiting area. Have 3 more available when you go in just in case they lose theirs.

 

Try to get in early if you can to ensure yours is the version in front of the judge.

[Bev250264]

Couple of changes I spotted that should be made

 

7. 2006 amendments where stated do apply... Post default interest etc How shall I word this then? does it need to come out?

10.2 (the second one!) 'Unenforceable' Sorry, what bit needs changing?

 

12.1 add a line referencing the claimants continued position that this was a business facilityDone

 

 

CC

[Bev250264]

Take extra copies in the morning, hand one to the usher, and one to the other side in the waiting area. Have 3 more available when you go in just in case they lose theirs.

 

Try to get in early if you can to ensure yours is the version in front of the judge.

 

Going to get there about 9.30 so hopefully should be there first. Still not sure if they'll get down from Manchester

[Mike_hawk]

Due to the age of the agreement referred to and those matters underpinning the claimants case it is clear that, except where otherwise specific creditor duties arose from amendments of 2006, the CCA 1974 as enacted is the effective statutory instrument.

 

You have the term irredeemably enforceable instead of unenforceable

[Mike_hawk]

Going to get there about 9.30 so hopefully should be there first. Still not sure if they'll get down from Manchester

 

Probably already there racking up costs in a hotel... Gotta luv 'em

[Bev250264]

Due to the age of the agreement referred to and those matters underpinning the claimants case it is clear that, except where otherwise specific creditor duties arose from amendments of 2006, the CCA 1974 as enacted is the effective statutory instrument.

 

You have the term irredeemably enforceable instead of unenforceable

 

Lol told you I was knackered

[Mike_hawk]

Best of luck today

[Bev250264]

Best of luck today

 

Just leaving - thanks

[gerson]

All the best Bev

 

[DonkeyB]

Hate the wait. Hope it’s going well – at least having a whole day means the issues should be properly dealt with and not glossed over.

[Bev250264]

I'm so sorry guys. We lost.

 

We lost the DJ lottery right from the get go and they walked all over us.l

[Mike_hawk]

You tried your best Bev, that's all you can do

 

Take some time and let us know if you feel up to discussing on here

[Bev250264]

I will. I'm just incredibly angry at the moment. We were completely mowed down. I'm sorry

[DonkeyB]

Damn. Let’s hope we can channel the anger.

[prosser]

Sorry to hear that Bev did Jones and Scott show up what was the DJ like he sounds like an idiot

[citizenB]

Oh Bev, I am so sorry to hear this.

[Bev250264]

It was horrible. When we got there at 9.15 this morning ready for a 10am start, they had slotted in a divorce hearing before us at 10am and we were pushed back to 10.30. That went on until 11.30 so the DJ wasn't in the best of moods, neither was Miriam Scott who had driven down from Manchester and wanted to get home. So we started off discussing the app for the substitution. In fairness to the DJ he did listen to our argument but ruled in the end that whilst he agreed it had been convoluted, ultimately by striking out the case all RW would do would be to apply to the court and start all over again. By then it was 12.45 and so he wanted to break for lunch. He was quite pleasant and did lull us into a false sense of security and we went into the afternoon quite confident.

 

After lunch at 2pm he started by hearing Miriam Scott's evidence and we were told we could cross examine but we didn't have a clue what we should ask. I was so hung up on the skeleton I only paid lip service to working out what questions we could ask. We asked her why the stay was so long and she couldn't answer. We asked why they hadn't accepted our IVA and the DJ said it wasn't relevant. the other questions we asked he said weren't admissible either so in the end we gave up.

 

Then he went through our skeleton but half of what we put in it he said wasn't in our defense so he wouldn't allow it.

 

Then he asked OH if he wanted to give evidence or if he'd like to rely on his witness statement. He then said "you know you don't have to give evidence if you don't want to, it's not necessary" OH was so flustered by this point after the debacle with the questioning that he looked at me and we both silently agreed that he should say no. Well that was it then.

 

Their sol then laid into our ws and pulled it to shreds. When OH tried to correct them, the DJ just said sorry Mr Johnson you chose not to give evidence. So we were sitting ducks and had to sit there while slowly between them they destroyed all the work we'd thrown at this over the past few weeks and months. when OH tried to mention again about the IVA the DJ shut him up. He just didn't want to know......

 

In his summing up it was "Miriam Scott's ws says this" and Miriam Scott's ws says that" nothing about what was included in ours. He ruled against us and awarded them the full amount plus interest on the 21/2 years it was stayed plus £7k in fees for DWF, to be paid by 23 April.

 

So, tomorrow we go bankrupt.

 

It was utterly horrible. We were completely out of our depth and they railroaded us into a corner. I'm so sorry we let everyone down who has helped us.

 

But at least it's over. 4 years of hell is now done and we can draw a line under it all and move on.

 

Anyone about to go through this don't be too disheartened. There were lots of things that conspired against us today, not least the fact that the DJ obviously wanted to get home and had we given evidence then we wouldn't have finished by 4 and he made it quite clear that he had a long way to travel home.

 

I'm sure you'll have better luck than we did.

 

I'm off to bed now. I'm tired and upset and just want to sleep.

 

Sorry again Mike, prosser, Donkey and everyone else who has been so kind in helping us at least get this far. We gave it our best shot.

 

It just wasn't good enough.