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**CASE DISMISSED** Court Claim - Lowell / Welcome Finance - 26-11-2014

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  • Re: **CASE DISMISSED** Court Claim - Lowell / Welcome Finance - 26-11-2014

    Well way to go, tell me more, was it the agreement that won it, default notice??

    Please do tell

    Comment


    • Re: **CASE DISMISSED** Court Claim - Lowell / Welcome Finance - 26-11-2014

      just got back from court. Thank you all so much for your assistance.

      I only found the DN last night when i was digging through some old docs trying to find something to discredit their case however, I didn't bring up the DN in the end because my argument for the most part relied on the fact that a debt could not exist as i couldn't have signed the agreement that they had supplied as evidence (as suggested by judgemental24)

      I went through the case with a fine tooth comb earlier hours of this morning and picked to pieces the witness statement they provided and also the documentation they provided.

      I pointed out to the judge all of the contradictions in the witness statement (there were about 6 or 7) and also discredited their documentation that they were relying on. Mainly the DOA and dates that they say it was issued. There were 3 different dates within the documentation (which they tried to justify by saying the different dates related to equity & legal assignment)

      I advised that i was questioning the authenticity of the documentation as they were supported by a witness who's statement couldn't be trusted (based on contradictions etc)

      Asked for the original documents that must be produced as mentioned in CPR practice directions 16, paragraph 7.3 to which they mention 'Carey v hsbc' and the need only to provide a true copy which can be reconstituted. I made them aware that this is only sufficient for information purpose and not acceptable for proof purposes.

      ultimately they couldn't prove that the documents were true copies given the contradictions in the witness statement and based on the fact that i advised that i needed the original to ascertain if the signature was really mine and not lifted from elsewhere.

      The judge dismissed the case mentioning that the claimants claim put forward was poor in its entirety from start to finish and given the contradictions, the lack of evidence to show authenticity in the documents etc the balance of probabilities meant that she could not find in their favour

      Comment


      • Re: **CASE DISMISSED** Court Claim - Lowell / Welcome Finance - 26-11-2014

        I think everyone deserves a pat on the back on this one.

        Touch and go at times but we got there in the end

        Especially you DEBTDEFENDER

        You stuck at it and formulated your own argument in court

        Very well done

        Comment


        • Re: **CASE DISMISSED** Court Claim - Lowell / Welcome Finance - 26-11-2014

          Originally posted by DEBTDEFENDER View Post
          Claimed dismissed. Tears of joy (literally)
          Originally posted by DEBTDEFENDER View Post
          I pointed out to the judge all of the contradictions in the witness statement (there were about 6 or 7) and also discredited their documentation that they were relying on. Mainly the DOA and dates that they say it was issued. There were 3 different dates within the documentation (which they tried to justify by saying the different dates related to equity & legal assignment)

          I advised that i was questioning the authenticity of the documentation as they were supported by a witness who's statement couldn't be trusted (based on contradictions etc)

          Asked for the original documents that must be produced as mentioned in CPR practice directions 16, paragraph 7.3 to which they mention 'Carey v hsbc' and the need only to provide a true copy which can be reconstituted. I made them aware that this is only sufficient for information purpose and not acceptable for proof purposes.

          ultimately they couldn't prove that the documents were true copies given the contradictions in the witness statement and based on the fact that i advised that i needed the original to ascertain if the signature was really mine and not lifted from elsewhere.

          The judge dismissed the case mentioning that the claimants claim put forward was poor in its entirety from start to finish and given the contradictions, the lack of evidence to show authenticity in the documents etc the balance of probabilities meant that she could not find in their favour
          WOW! That's a brilliant result! :cheer2: :cheer2: :cheer2:

          It shows it can still be done! :whoo: :whoo: :whoo:

          Here's to DD and the Fair Judge.

          Yet again, time for our official anthem (Turboman should be impressed :grin:

          Comment


          • Re: **CASE DISMISSED** Court Claim - Lowell / Welcome Finance - 26-11-2014

            also worth noting that i explained to the judge at the beginning who i was and my qualifications in financial services. This gave weight to my argument about understanding how to work out APRs and that i would not sign an agreement that didnt add up

            Comment


            • Re: **CASE DISMISSED** Court Claim - Lowell / Welcome Finance - 26-11-2014

              What makes it even sweeter is that it is a welcome finance agreement

              Their maladministraon is really taking its toll

              No sympathy

              Comment


              • Re: **CASE DISMISSED** Court Claim - Lowell / Welcome Finance - 26-11-2014

                A round of applause for the judge who in all of this is the real MVP.

                she allowed me to ramble on and mention parts of law that i didnt have a clue about before yesterday and was patient enough to disect what i was saying.

                Not always gonna be like that though

                - - - Updated - - -

                im gonna post up the DN in a moment for what its worth. might help someone else out

                Comment


                • Re: **CASE DISMISSED** Court Claim - Lowell / Welcome Finance - 26-11-2014

                  Would you be willing to name the judge?

                  I do think that stating your qualifications in financial services may well have swung it for you, its one thing to say , Well i wouldn't have signed this against, I wouldn't have signed this because finance is my bread and butter and I would have checked it in detail

                  Comment


                  • Re: **CASE DISMISSED** Court Claim - Lowell / Welcome Finance - 26-11-2014

                    Originally posted by DEBTDEFENDER View Post
                    also worth noting that i explained to the judge at the beginning who i was and my qualifications in financial services. This gave weight to my argument about understanding how to work out APRs and that i would not sign an agreement that didnt add up
                    The credibility of the witness is paramount in court. :thumb: Just look at the infamous Frost case which was lost simply because the judge didn't believe the defendant was telling the truth. :mmph:

                    Being able to argue your points and say why you think that's not correct has worked in your favour as has in many other cases where judges have ruled in favour of the consumer. :clap2:

                    Originally posted by DEBTDEFENDER View Post
                    A round of applause for the judge who in all of this is the real MVP.

                    she allowed me to ramble on and mention parts of law that i didnt have a clue about before yesterday and was patient enough to disect what i was saying.

                    Not always gonna be like that though
                    I think both you and the judge deserve that round of applause!

                    Originally posted by DEBTDEFENDER View Post

                    im gonna post up the DN in a moment for what its worth. might help someone else out
                    Definitely! :grin:

                    You only mentioned it very late last night, from previous posts I got the impression you didn't have it.
                    Originally posted by Berniethebolt View Post
                    Would you be willing to name the judge?

                    I do think that stating your qualifications in financial services may well have swung it for you, its one thing to say , Well i wouldn't have signed this against, I wouldn't have signed this because finance is my bread and butter and I would have checked it in detail
                    Definitely! It's a matter of credibility rather than just saying "it's unenforceable because that's what I read online". :ohwell:

                    Comment

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