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Legal brains expert advice please!

124

Comments

  • Thanks guys - your advice is invaluable and much appreciated. I'll let you know how I get on. Maybe a very short skirt is the answer....?!!

    lol

    x
  • Tozer
    Tozer Posts: 3,518 Forumite
    Phamous wrote: »
    Thanks guys - your advice is invaluable and much appreciated. I'll let you know how I get on. Maybe a very short skirt is the answer....?!!

    lol

    x

    well if I was the judge....
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    Phamous wrote: »
    Thanks guys - your advice is invaluable and much appreciated. I'll let you know how I get on. Maybe a very short skirt is the answer....?!!

    lol

    x

    The Chair of Governors at my old school was a well known judge. He always commented on how lovely we were all looking (in a slightly creepy way, considering our ages!).

    When speaking with the sixth formers (who were allowed to wear their own clothes), he could often be caught sneaking a peek down our tops ... :rolleyes: :eek: :p

    Good luck x
    Gone ... or have I?
  • Phamous
    Phamous Posts: 75 Forumite
    Hey guys,

    Just got back from court.

    Was very surprised to be greeted by a Barclays lawyer in the waiting area.

    The judge was fantastic - he spoke very eloquently and of course knowledgeably - for a full 15 minutes. He opened by stating the facts of the case. I don't know why I was surprised - I guess I have heard too many stories of two-minute hearings. He asked me if I would like to add anything to my written appeal to overturn the stay. I said - on the advice of the brilliant Tozer and Dmg who really helped me out last night - that I did expect the stay to be upheld and if that was the judge's decision I would support and respect that. He commended me on my realistic approach to the situation. He was extremely friendly with me but really mean to the Barclays Lawyer. He told her off in no uncertain terms for a) Providing a standard defence that had been written before the test case started and not updating it with the current circumstances in mind and b)Only giving me a copy 5 minutes before the hearing started.

    I originally was scheduled on New Year's Eve but wrote and told the judge that I would like to change the date because I was being whisked off to Paris. He really made me laugh by commending my choice to be in Paris rather than in a dusty courtroom!

    He also asked me if I had got all my knowledge about the practice of law in this area from the internet! When I said yes, he laughed and commended me on my research!

    Finally, as I was expecting, he chose to uphold the stay. He said that he could overturn the decision but a subsequent appeal by Barclays would be heard by a judge (who he named) who was absolutely in favour of upholding stays until the test case concludes.

    So - result as expected but at least I went in armed with some knowledge and didn't make a prat of myself - thanks to the guys on here!

    It was an interesting experience and I'm glad I did it.

    Cheers
    Phamous
    x
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    Thanks for the update Phamous. Although it was not the result that you wanted, I'm glad that your first experience of the legal system was such a positive one x
    Gone ... or have I?
  • :eek: Hi guys,

    Just had a letter from Lloyds Tsb's legal representatives asking for a second stay! The current one lasts untill the 31st of March.

    Their cover letter reads

    further to the court order dated 23rd August 2007, please find attached a copy of our letter addressed to the court which was sent 26th February 2008. We will keep you updated about the procedings with the OFT as soon as we are able to do so. You can check the latest position on Lloyds Tsb's website. www.lloydstsb.com
    Kindly acknowledge receipt.

    I also have a 3 page document outlining why they feel they have the right to extend this stay if needed i will add this to my post!

    Basically looking for any advice regarding this! I'm a student so would love to get the ball rolling on this as my claim is for over 1500 pound although they did pay 500 of that which i accepted as partiall repayment!
  • nickmack
    nickmack Posts: 4,435 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    djdr1veb1 wrote: »
    Just had a letter from Lloyds Tsb's legal representatives asking for a second stay! The current one lasts untill the 31st of March.

    Was the original stay granted because of the test case or another reason?
  • yeah it was granted due to the test case! cheers for the reply, I couldn't find any other posts who'd received this request so any advice would be much appreciated!
  • Any advice?
  • Tozer
    Tozer Posts: 3,518 Forumite
    Phamous wrote: »
    Hey guys,

    Just got back from court.

    Was very surprised to be greeted by a Barclays lawyer in the waiting area.

    The judge was fantastic - he spoke very eloquently and of course knowledgeably - for a full 15 minutes. He opened by stating the facts of the case. I don't know why I was surprised - I guess I have heard too many stories of two-minute hearings. He asked me if I would like to add anything to my written appeal to overturn the stay. I said - on the advice of the brilliant Tozer and Dmg who really helped me out last night - that I did expect the stay to be upheld and if that was the judge's decision I would support and respect that. He commended me on my realistic approach to the situation. He was extremely friendly with me but really mean to the Barclays Lawyer. He told her off in no uncertain terms for a) Providing a standard defence that had been written before the test case started and not updating it with the current circumstances in mind and b)Only giving me a copy 5 minutes before the hearing started.

    I originally was scheduled on New Year's Eve but wrote and told the judge that I would like to change the date because I was being whisked off to Paris. He really made me laugh by commending my choice to be in Paris rather than in a dusty courtroom!

    He also asked me if I had got all my knowledge about the practice of law in this area from the internet! When I said yes, he laughed and commended me on my research!

    Finally, as I was expecting, he chose to uphold the stay. He said that he could overturn the decision but a subsequent appeal by Barclays would be heard by a judge (who he named) who was absolutely in favour of upholding stays until the test case concludes.

    So - result as expected but at least I went in armed with some knowledge and didn't make a prat of myself - thanks to the guys on here!

    It was an interesting experience and I'm glad I did it.

    Cheers
    Phamous
    x

    Just back from a trip overseas. Pleased that you found the experience interesting. Sounds like you did a cracking job. Very well done.
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