Please Help - Draft Defence - County Court Claim

Coupon-mad

the Judge will not be interested in, and start thinking "Here we go, another one of those internet templates".

Yup, but they work 99% of the time...(as long as the posters also get help at WS and evidence stage and before the hearing, to prepare well).

I have the records of losses, almost none, as you know.

There have been grumblings and mumblings about it only being a snapshot of those who report back, but no-one has proved the figures wrong. Even if a few (out of the many hundreds assisted) scuttled away and never came back after their hearing, the figure here would still stand at well over 95% success. The CEL cases help!

bargepole

Coupon-mad wrote: »

I have the records of losses, almost none, as you know.

I also have records of losses, as per the figures in my signature. These show 76% won, 24% lost, all cases where I have attended court and advocated on behalf of defendants.

I'm afraid your assertion of 99%, or even 95%, is just unsustainable. If it were true, there would be no point in my going to court, I should just leave defendants to it as they would have a better % chance by just posting on here.

Having sat in front on loads of different DJs, I believe I have the experience to know how most of them view the sort of defences that people get from forums, especially when they cut and paste stuff without understanding it.

You really need to spend a day or two in court sitting in on a few cases to see what the reality is. Trying to 'coach' people for court appearances when you have never attended a hearing, would be like trying to coach a football team when you have never seen a match.

justnotgoodenough

bargepole wrote: »

Trying to 'coach' people for court appearances when you have never attended a hearing, would be like trying to coach a football team when you have never seen a match.

The football team might still win though! Be more positive

Quentin

bargepole wrote: »

You really need to spend a day or two in court sitting in on a few cases to see what the reality is. Trying to 'coach' people for court appearances when you have never attended a hearing, would be like trying to coach a football team when you have never seen a match.

Squabbling in public over stats like this doesn't help the worried newbies


But does help a certain section of the community who do like to see it dissed and squabbles like this

bargepole

Quentin wrote: »

Squabbling in public over stats like this doesn't help the worried newbies


But does help a certain section of the community who do like to see it dissed and squabbles like this

Not squabbling, just viewing the situation from two different perspectives.

bargepole

justnotgoodenough wrote: »

The football team might still win though! Be more positive

Indeed they might. I've seen cases won where I considered the Defence to be quite weak, and the DJ has then dismissed the claim on a ground that wasn't even raised in defence.

And I've seen others where we thought we had a slam dunk win, but as soon as we walked through the door, it was clear that the DJ had read the papers and already decided to award it to the Claimant, and nothing we said would make any difference.

That's why it's known as the lottery of small claims.

Quentin

bargepole wrote: »

Not squabbling, just viewing the situation from two different perspectives.

CAn't you see best done in private - how does it help OP??

Umkomaas

justnotgoodenough wrote: »

The football team might still win though!

Even The Seagulls.

Coupon-mad

LOL, everyone relax, no worries. I stand by the 99% win rate, and can't attend courts right now. Not to say I never will.

bargepole and I do sometimes disagree (that's a healthy part of debate) but we fight the same fight and we agree MANY more times than we disagree.

bargepole's stats are phenomenal and he only includes cases that actually went to a hearing, so we are not comparing like with like. No-one is saying he shouldn't bother! He knows I'd never say that - we know and respect each other in real life, not just on this forum.

The forum 'win rate' includes all CEL cases discontinued, and Gladstones/BW Legal ones that discontinue too, which adds hundreds to the 'win rate' over a year or more, and drags our stats up.

justnotgoodenough

Thanks again (and again, and again) everyone! For your time and patience.

It's very obvious everyone here has the same goal.

I know you all are used to people saying thankyou (as everyone using this forum is obviously trying to be nice to you because we want you to help! :-) :-) ) BUT sincerely I would have paid them by now if not for the guidance/hope given here. Despite my defence maybe appearing like a cut and paste I have spent days and days in understanding everything I mentioned in it - and making sure it applied in my case, and more importantly knowing why I have put a particular element in there so I could talk about it confidently if asked. I understand the points but was afraid to expand on them in my own words as all the 'legal' sounding bits seem to carry more weight in legal language (hence the cut and paste not wanting to deviate too much from the language used here) ... I suppose on the day as long as you are confidently getting your point across in a way the judge understands you cant go far wrong.

My stategy on the day consists of not turn up wearing one of those curly white wig things, and If the judge looks irked by a particular issue, letting them move on rather than flogging a dead horse.

Just being around this forum for the last few weeks - I can see what a mammoth task you all have on your hands - its unrelenting post after post, groundhog day! - It's easy to see now that the initial panic and feeling you are being victimised is what these companies pray on. You feel like its personal and your case is different and special - and it really isnt - you are just another easy target for a quick quid and they couldnt give a toss.