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Re: Making a Claim

  •  Fri, Nov 20 2009, 10:14 AM

    Re: Making a Claim

    basa48:

    Adjourned !!!

    Manchester area seems to be a hot bed of adjourned cases, lots of detail on CAG about them. I can't see what they will reveal that is of merit in your case but hey ho!

    basa48: for 14 days until the results of the test cases is revealed.

    The judge was VERY hard on the defendants solicitor asking why they delayed acknowledging and what their case for the defence would be. The defence was going to be McGuffick!! and some Barclays case allowing set off. It was obvious the judge didn't think they had a leg to stand on and was only waiting on the test cases to see if there was going to be a quantum shift to allow any bits of paper with a signature to be enforceable.

    Who represented them, can you remember?

    McGuffick is of little value to them for the reasons I've already mentioned. Did the Rankine case come up?

    Barclays set off - any reference? what do the propose to set off, and against what? If the agreement is ruled unenforcible (which seems likely) there is nothing to set off against.

    When did the Barclays citation get brought up, they can't just toss thing into the ring and hope, where is the principle of fair defence.

    basa48: He also said they would lose by arguing we had been paying for years and thus implicitly accepting some agreement to terms.

    There is a fairly pursuasive arguement that to trade in the manner they have is illegal (loan sharking). We won't go there, tho!

    Good result M8, I think they will fold, personally.

    Worth thinking about, theysought leave to defend the whole case as issued. If the defence is ruled vexation then will that carry your whole case? it should!!

    If the defendant has no defence then the action is passed, in its entirety. To fold would just mean paying you the money, this would be a better result for them.

    I ramble, well done so far, all the best

    S

    • Post Points: 5
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