Court date 19/09/07 - Compling with the Order??***WON IN COURT***

[monopoly23]

We were quite scared actually because the woman that came out of the court before us was crying her eyes out!

He had a face like thunder when we went in...

 

Thanks for the clicks too guys

[MoonHawk]

Well done for holding your nerve

 

The judge's analogy might certainly apply if the whole amount consisted of the price of items. But it certainly can not be the case as even if you paid 25p over two days for a Mars bar, you are not charged and extra 10p for interest or £30 for not being able to pay the second 25p on time.

 

I best prepare myself for going to court on my one.

 

Best Wishes

MoonHawk

[sequenci]

Congrats!!!!!!!!!!!!!!!!!!!!!!!!!

 

On occasions I quite like it when a DJ gets the law wrong. An appeal always makes them look stupid, especially when it is just an unqualified lay person that shows them.

[monopoly23]

Well as for holding my nerve.... I thought I was actually going to throw up! We were the last of 4 cases meant to be heard at two. We'd gotten there at about 20 to 2 and kept waiting till about 25 past. My heartbeat was going that fast I could actually see my clothes moving lol.

 

It was all a bit of a let down really because I thought it would be a lot different to what it actually was. I did calm down a lot when I realised no one from their side had actually turned up though.

 

I just can't believe that after the cracking defence and all the laws that were put in front of him, it all came down to one little paragraph of the letter that some stupid customer relations woman had written.

[monopoly23]

Moonhawk, that's what I was trying to say to him. Even if a shopkeeper let you buy a mars bar over two days, you would still have to sign something to show that you still owed that money,and the penalties of not repaying it!

He just wasn't interested really.

[MoonHawk]

It's hard in those circumstances, and they can be nervy, but you kept your nerve and did not throw up on the judge

 

Out of interest did you point him to the Wilson case?

 

Best Wishes

MoonHawk

[monopoly23]

No I didn't. I didn't use anything in the bundle other than that one letter. He wasn't bothered that the default notice was invalid either.

[tomterm8]

Moonhawk, that's what I was trying to say to him. Even if a shopkeeper let you buy a mars bar over two days, you would still have to sign something to show that you still owed that money,and the penalties of not repaying it!

He just wasn't interested really.

 

The analogy is wrong. In that circumstance, it would be under £50, and so an exempt agreement.

 

Congratulations! Another win!

[monopoly23]

You know what I mean though tomterm!

[payingonlyencouragesthem]

I think I'll probably write to them first and see what they say. Probably a big fat NO but that's when all this will have to start again.

 

What happens now though? Will the court write to us and them with the Judgement or something?

 

YES! It can take up to three weeks. It's just a couple of lines saying the court found in favour of the defendant. Did you remember to ask for costs? Anyway congratulations. This does serve as a warning that there are some very ignorant judges out there though...

[monopoly23]

No we didn't ask for any costs. I think the fact that we don't have to pay the outstanding amount is good enough for us for now.

[monopoly23]

Argh just noticed my post count was 666 so I had to post again!

[payingonlyencouragesthem]

No we didn't ask for any costs. I think the fact that we don't have to pay the outstanding amount is good enough for us for now.

 

I know!!! I've never had the b*lls to do it either:lol:. I've always been content to get the hell out without a CCJ and run for it:).

[rory32]

Well done monopoly

[monopoly23]

I know what you mean! I just wanted to get out of there and into the pub. Screw the 50 quid lol

 

Thanks rory

[Brassed off]

Excellent news Monopoly - congratulations!

 

Suppose you've passed "Go" now lol - go and collect your £200:lol:

[Having_A_Knightmare]

Well Done Monopoly and up yours judge!!!

 

It nearly wasn't though, I couldn't believe it. The judge basically said that they were claiming for goods sold and since we hadn't paid, then they were in the right.

 

 

This above is something that worries me if it ever went to Court.

 

What would happen if they DID turn up, and the judge was not bothered about section 127, and awarded the other party, what could you do??

 

HAK

[rory32]

What would happen if they DID turn up, and the judge was not bothered about section 127, and awarded the other party, what could you do??

 

Appeal.

[Having_A_Knightmare]

HI Rory

 

Would that appeal be hard to do?

[rory32]

You can only appeal on a point of law (which obviously would be the case here).

 

How to Appeal

[Having_A_Knightmare]

Cheers Rory that clears that up. ,

 

but is always a worry if you get the set in his ways judge.

[rory32]

Your local CAB will give you support and free guidance

The CAB are generally not well versed on the Consumer Credit Act or the appeal process (that is not meant as a criticsm of the CAB).

 

There is however free qualified legal advice available from Law Centres if you find that you need to appeal a decision.

[A6er]

Well Done Monopoly

 

That really is FANTASTIC news.

 

These judges really do live in an entirely different world:mad: ,to think it could have all gone the other way due to his apathetic attitude.

 

Enjoy your stress free time towards Christmas and I send you & your family all the very best wishes,you certainly deserve some peace now.

[monopoly23]

Cheers A6er, we really were on a thin line with him but thank god for Next's Customer Relations pen pushers!

 

Aww just noticed someone rated the thread! Thanks whoever you are!

[Josie8]

He couldn't have ignored the Wilson case...............he would have felt the appeal court breathing down his neck