Wednesday 14 March 2012

PART 1 - Hamilton Small Claims Court

I will begin by saying I stand by everything I am saying re how I suffered Justice Hamilton Small claims Court style, when I cited Carphone Warehouse for harassment for the third time after receiving two apologies and payments, for their mistakes earlier.       I have no fear, as all I reveal will be in the Court records. There were quite a few Solicitors preparing for their own cases and many members of the public too.        As I was required to do, I sent in a letter earlier to the Court saying the reason I was now suing for £2950 was to stop the harassment of CPW .


When the case was first called, a lady Magistrate listened to my side then CPWs Council and told me, Council are saying you cannot claim for three cases, only this third case as the other two had been settled.     I replied,   It is precisely because they were settled by CPW admitting their fault, settling the first two cases, admitting I didn't ever owe them any money, twice, and on the second occasion have me blacklisted and have Roxbourghe's Debt agency send me two threatening letters.     The Head  Office   didn't respond to my letters,  nor did they defend my action , eventually paying up and apologising,       Three weeks later they  threatened me again with the possibility of a Debt Agent.( more of that later)      I was then persuaded by the Magistrate in the meantime that I should take 14 days to moderate my claim, taking account of the third claim only.


A letter was sent to CPW against my better judgement reducing my claim to £550 to fall in line with the previous paid claim.


When Council tried to object, Her Ladyship said, and you Council, have the same 14 days to produce the tape that you claim   Mr Watt was offered £300 to settle this present case,   against Mr Watt's assertion that all he was offered was £100 and the only time £300 was mentioned was , that was all it would cost CPW to hire Council to defend the action.


NOW WE COME TO THE REAL JUSTICE I MENTIONED AT THE BEGINNING  
.
The new Council was an attractive young Female who knew how to play her cards well. She stood with her gown hanging from both elbows. almost as tho' auditioning for one of those types of shows where men might sue tabloids which claimed they had visited.        
Her  Firm is called  Bell & Scott and the hearing date was 10th July 2008.
The magistrate a male of rather mature years, asked me,  " when did you hear again from CPW after you was threatened with another Debt Agency?".      I replied, not till shortly before this third case was about to begin,      What were you worried about then ?,      I replied,   was I to wait till some thugs kicked in my door to value my belongings.?
I am a man of 82 years severely handicaped with Athritis in the spine, knees and ankles, had two heart attacks,  suffering from angina for more years than I can remember, and,  I live alone,    That old apology for a Judge said,    Surely you are not saying that pressure and harassment caused your athritis in the spine, knees and ankles, your heart attacks and angina,?  


That was a pathetic comment   even for him

 I HAVE SINCE HAD A QUADRUPLE BYPASS !!!!!!!

No your honour, What  I am saying  is,  that a person of my age and condition is bound to feel the pressure of harassment more than most.
Pay Attention to this, his retort was. You can't claim harassment because YOU BROUGHT THE CASE MR WATT, YOU BROUGHT THE CASE.


So it would appear that I wasn't able to sue for harassment, because I was bringing the case.?    Maybe I should have waited till CPW brought the case against themselves


Eventually, as he showed no sign of offending the young Council I had to ask him about the tape she was told to bring to prove that CPW's Legal office weren't lying when they claimed I was offered £300 against my assertion that I was offered  £100 and the only time  £300 was mentioned was that was all it would cost to defend my action.   he nodded almost apologetically for her answer.
Her reply was a classic. Remember this was a Council who had spent her time telling the Court I hadn't a case, She stammered, Your Honour, That office is a shambles, that's all I can say a pure shambles.
That clown accepted it and awarded me £150 . I am absolutely sure this was to make out I had won.    and so should not be able to appeal.    I wonder if CPW  were happy for their Council to claim their Legal Office was a complete shambles     Since it stopped them having to prove they were not liars, as their tape would have surely proved them to be..Unless, of-course, Being CPW,  they probably felt , the end justified the means.   Integrity isn't the first thing I would associate with CarPhone Warehouse
   Remember also,  this was a Judge who accepted that without further comment, although that was the only piece of evidence she was ordered to bring by the  Lady Magistrate  at the previous sitting.


Robert MUGABE of Zimbabwe, would have been proud of him. 


Of-course, she didn't bring the tape because it would have proved beyond doubt,  that she  and CPW were lying to the back of their teeth in claiming I was offered £300 to settle the case.   as I have a letter from Rhona M Wark of Bell & Scott telling me that CPW  were renewing their offer of £100 to settle. 


As I got to the door, he tried to be a stand up comic by calling out, Mr Watt, I don't think you will be getting a Xmas card from CPW this year.        He wasn't much good at that either.

See the Next Post >>>>>

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