ps, did you request a transcript of the Norris hearing?

uncleb.

yes, the order says has 'serious doubt' as to jurisdiction to hear.

i suppose one of the q will be, even if the J was aware of that info mentioned at the time, wld it have still come to the same decision on the substance, even if wendy had attended?

or, perhaps, whether there was any serious errors etc, judicial review like.

uncleb.

yes, the order says has 'serious doubt' as to jurisdiction to hear.

i suppose one of the q will be, even if the J was aware of that info mentioned at the time, wld it have still come to the same decision on the substance even if wendy had attended?

or, perhaps, whether there was any serious errors, judicial review like.

I tried to search for cases that allowed a High Court appeal to have jurisdiction over a lower court judgement and I could not find anything. Presumably someone with access to the relevant legal site might have access to search for cases. There must be precedents and CPR, where they can decide to have jurisdiction. What are the triggers ? Maladminstration in the lower court, causing information not be handed to the Judge in the case bundle, leading to no fair hearing. But Wendy would need to have access to the bundle the Judge was given and perhaps she can find out from the local County Court, whether she can access it, if she does not have a copy.

If Wendy was not able to be at the court to make her case to Judge Norris, she would not have been able to correct any misunderstanding, caused by Judge Norris not being given all the information.

poss yes, fair hearing another poss issue that could be raised, under the HRA, Art 6 and s6. that is quite complex, and wld need to make allowance for domestic courts being allowed to determine their own affairs subject to their system being compliant (fair).

edit

Wendy, a Barrister would be best, but they are going to charge several thousand and it is going to be difficult to find one so close to the hearing.

 

Do you know what Judge Norris had in his bundle of documents when he went ahead in your absence ? How did he come to his judgement ?

 

I was told by the court clerk that the judge just dismissed the case as he thought I had not bothered to turn up ?

 

If you can find that some admin error has occured at your local court and that given your ongoing issues, you have not been able to have a fair hearing, then you may have a slight chance. But the courts operate within a tight set off rules, which don't make it very easy and I suspect that the appeal Judge Norris decided on was done to keep it within the timescales. He may have decided that he could not delay it any further and based his decision on what was in the bundle of documents he was provided with.

 

It may be worth writing out the problems you have had with the courts losing paperwork throughout the process. Put it in date order to evidence the battle you have had to get to this point.

The judge dealing with it now is fully aware of lost papers as he instructed his own personnel clerk to find them all and the clerk kept me updated.

Thanks UB WENDYX

Legal help in ct wld be preferable, barrister or solicitor advocate, but there is the issue of cost as mentioned.

Do you think that you wld be confident on yr own re the legal points re arguing that the court should have jurisdiction in hearing yr appeal out of time?

Yes I do feel comfortable to the oral hearing on my own as I had a very good reason to postpone that unfortunately I can not put on the forum yet, and I did so on the advise of my Doctor who wrote a hand written letter to Judge of his advise.

The reason for postponement would have been well known to all the Judges in city of London at time as it was all over the news for many weeks. But if I had a barrister I could trust to act for me in the belief that my case and points of law are valid costs would not be a issue as my family would help pay for them. Thanks Ford Wendyx

ps, did you request a transcript of the Norris hearing?

No I did not Ford as I say I did not know he said anything regarding my case except threw it out as I did not turn up? I have never received anything in writing from Judge N? Only found out it had not been postponed when I rang courts to say I had not had a new date yet? WBX

I tried to search for cases that allowed a High Court appeal to have jurisdiction over a lower court judgement and I could not find anything. Presumably someone with access to the relevant legal site might have access to search for cases. There must be precedents and CPR, where they can decide to have jurisdiction. What are the triggers ? Maladminstration in the lower court, causing information not be handed to the Judge in the case bundle, leading to no fair hearing. But Wendy would need to have access to the bundle the Judge was given and perhaps she can find out from the local County Court, whether she can access it, if she does not have a copy.

 

When I appealed lower courts decision back in 2013 at Southampton it went to Winchester courts, the judge their sent the bundle to London's high courts of appeal. I had to pay a fee by December 2013 to have it heard orally.

 

I did this in time by recorded delivery, but the whole bundle was sent back to me as their was a mix up at the clerks offices.

 

I sent it all back recorded delivery at a cost of £17.00 and then was refused appeal by Judge N. As he felt lower court was right to refuse me annulment on basis of that hearings reasons given.( If you recall I had a training young barrister ) So I applied for a full hearing again at a cost and Judge N agreed and set date for June 20th 014 I think.

 

This court hearing had to be postponed for reasons that were out of my control. And I am positive Judge N would have agreed to this as it was exceptional circumstances.

 

If Wendy was not able to be at the court to make her case to Judge Norris, she would not have been able to correct any misunderstanding, caused by Judge Norris not being given all the information.

This was the hearing I had a Barrister for from Greys in London who I paid £500 to look at case and said he would act for me.

When I informed the chambers of postponement I was told he thought it was in July and then a week or so later I received a e mail from Barrister saying he could not act for me as he did not think I would win and to accept it and get on with my life.

That advise cost me £500 ? I have made complaints to Ombudsman regarding first Sols and Barrister and Second Barrister ( Investigations by Ombudsman on about 8 counts that they have raised relating to this still on-going ) who appears to have charged me £500 for him to tell me give up!

And of course you all here at GAG know I will never do that! Wendyx

Sorry so late in response here guys and thanks for all your input. I would pay a Legal rep what it takes to help me in court but I am so scared of who to trust and I only got one shot at this and so I have to do this alone.

I have hope that some one would read my story and see justice needs to be served here and come forward to offer me support to act for me as a legal, but as yet all

I have had is all you great people here at CAG. So with that help I will have to stand tall but alone and put my case as best I can, and if I am allowed to do that I am sure like you all here a Judge will see the truth, in that I did not owe a penny!

Wendyboats aka Watson ready to do battle x

Yes I do feel comfortable to the oral hearing on my own as I had a very good reason to postpone that unfortunately I can not put on the forum yet, and I did so on the advise of my Doctor who wrote a hand written letter to Judge of his advise.

 

The reason for postponement would have been well known to all the Judges in city of London at time as it was all over the news for many weeks. But if I had a barrister I could trust to act for me in the belief that my case and points of law are valid costs would not be a issue as my family would help pay for them. Thanks Ford Wendyx

hi wendy

that does seem to be a sticking point re legals and your prior experience with them.

if you are confident on representing yourself, then ....

i really cant say either way atm. hope though that have helped along the way. if i think of anything further, will post up.

No I did not Ford as I say I did not know he said anything regarding my case except threw it out as I did not turn up? I have never received anything in writing from Judge N? Only found out it had not been postponed when I rang courts to say I had not had a new date yet? WBX

a transcript wld've been useful. i think i, or someone, asked you before about getting that?

This came today and i think i am maybe wasting my time trying to do this myself as i have messed it up so many times before i realize i can not do this alone so all is lost.

This came today and i think i am maybe wasting my time trying to do this myself as i have messed it up so many times before i realize i can not do this alone so all is lost.

Hi Wendy,

What new information do you think you can add on top of that already considered by the Judge when he went ahead with the hearing without you in June 2014?

All isn't lost Wendyboats, hang on in there, it is the COURT system which has failed you, it is weighted in Lowlifes favour but you should now get them on a different footing.

Don't give up.

This came today ....

you still have the forthcoming hearing.

but, yes, thats prob why the most recent order said 'serious doubts' as to jurisdiction to now grant permission out of time.

as Ganymede asks, is there anything new. wld've the J come to the same decision even if you were there. a q likely to be considered at hearing?

you still have the forthcoming hearing.

but, yes, thats prob why the most recent order said 'serious doubts' as to jurisdiction to now grant permission out of time.

as G asks, is there anything new. wld've the J come to the same decision even if you were there. a q likely to be considered at hearing?

My opinion is sadly Wendy will be refused permission again as there does not appear to be anything new that she could say orally that wasn't already considered by the Judge on paper in June 2014.

She should certainly attend the new hearing and argue her case though, but unless she can find pro bono legal representation I would not be wanting to pay expensive barristers.

Wendyboats has had a bad experience with the pro bono legal people so I think she should make a stand on her own. It would show the judge that 'little people' can fight their way through the unequal legal maze and show up companies such as Lowlife who abuse their 'superior knowledge' of the legal system.

Why has this document arrived with Wendy today ? Who sent it ? Is it a respose to this CAG thread.

I don't think they have taken into account Wendys circumstances during the period.

I asked Judges clerk to help get it and he did and this his e mail.

Wendyboats has had a bad experience with the pro bono legal people so I think she should make a stand on her own. It would show the judge that 'little people' can fight their way through the unequal legal maze and show up companies such as Lowlife who abuse their 'superior knowledge' of the legal system.

That's a lovely sentiment but ultimately a load of fluff legally.

Wendy needs solid legal reasons and very extenuating circumstances in Order to overcome this now.

UB, what personal circumstances gave you spotted that the judge missed last time?

Guys I am really feeling low and tired, Tired of trying to get help with in the legal profession, and yet I have come so far and yet not so at all, I have no one I can trust or willing, with regards professionally putting my case into a legal and committed factual argument that the judge would respect,

I do not think I have enough ability to put my case, to hope the judge would listen to it, I really need some one with a bit of clout.

Wendyboats aka Watson alone again on those moors x

Guys I am really feeling low and tired, Tired of trying to get help with in the legal profession, and yet I have come so far and yet not so at all, I have no one I can trust or willing, with regards professionally putting my case into a legal and committed factual argument that the judge would respect,

 

I do not think I have enough ability to put my case, to hope the judge would listen to it, I really need some one with a bit of clout.

 

Wendyboats aka Watson alone again on those moors x

Wendy, have you thought about contacting anyone you dealt with at the time of dealing with other issues last year, when you could not attend the hearing with Judge Norris. What about the Doctor who wrote the note ? Can he write again to the new appeal Judge ? Did you deal with any Solicitors or Barristers regarding the other issues you had at the time. Can they help ?

I am just trying to think of who can help you, that would be aware of your situation last year, when the appeals were going on and you could not attend. These are very exceptional circumstances, Judge Norris did not appear to be aware of them and any help you can get to explain these exceptional circumstances may be the only way forward.

It is quite clear from the attachment you added, that the Judge was not aware why you could not attend the hearing, even though various communication were sent to the court. Also the courts were losing the paperwork you were sending them and they were giving you the run around, with papers being transfered to other courts.

So the argument is 1) exceptional circumstances ( evidence these) and 2) poor administration within the HMCTS, which caused your communication with Judge Norris not to be made aware to him, the Judgement not being sealed and issued to you, the courts losing paperwork sent to you etc.

The extenuating circumstances are not to do with why Wendy did not attend the hearing in June 2014, nor are the events of the Court only sealing the Order in February relevant.

"I rejected that application having considered the papers, on the grounds that in granting an extension of time I was obliged to consider all of the circumstances of the case including, specifically, the need to enforce compliance with the Rules, that the five month delay before the issue of the Appellant's Notice was significant, was not accounted for by any exceptional circumstances (and that, indeed, for a significant part of that time Mrs...... had legal representation) and that in all the circumstances it was not fair to grant an extension to the time for appealing."

This is Wendy's biggest problem and the five month delay in filing the appeal between August 2013 and January 2014 needs to be explained with very extenuating circumstances and some very good reasons.

It appears that the Judge has considered this point in detail and rejected Wendy's reasons.

Thank you all for your input here....

What I am going to do is a chronological account of events and with each of these I shall give in evidence the e mails and correspondence relating to it.

The gap if you recall between August and January was due to Pro Bono pulling out when trustee gave us 14 days to pay or she was putting in for sale of house, Pro bono felt she did not have enough time to present my case and sent back paper work.( Trustee never applied for sale at this time ?)

But I did apply again and I did succeed in a oral hearing for Judge N to read it , Unfortunately it was unsuccessful as I did not put the right points of law and more details in. I then applied for a court hearing and again I was successful in this and date was set for June 2014.

Due to circumstances way out of my control I could not attend the appeal hearing, it was due to a fact that the whole world were aware of, but I of course was not named.

This can all be proven as fact, so to my thinking nothing has changed except the fact that the judge was not aware of this due to administration errors of delivering my recorded deliver letter, and also not being given my e mails and phone call messages !

I did everything in my power to contact him but for what ever reason it may have been he never set eyes on any of it?

Then after the hearing, stranger still is I never received the sealed notice of hearing going a head in my absence, Only after again contacting the clerks again,did it start to unravel, and again the Trustee warned us she intended to apply for sale, She did go ahead this time and applied for sale in November 2014.

Judge was fuming that she did this when she knew I was again trying to appeal.

That's when I was informed the papers were lost again ! Thankfully the new judge took over and instructed his personal clerk to find it all, he did as far as I am aware find it all, and e mailed me to tell me he had and Judge H had it on his desk, 5 months later he has decided even though he should not do so he has given me this chance to go before him and explain it all, I think he has given me a chance to get my appeal finally heard.

I can prove all of above and more with e mails and correspondence. The fact that my bundle was lost not once but 4 times with in the courts was not my fault and I have many, many e mails from the clerks saying this, I only found out it had been thrown out via a e mail months later when I heard nothing about new court date and Trustee threatening again to put in for sale of my house.

Listen Guys,

All I have ever wanted is to be given the chance to put forward my case, Simply that I never owed a penny to Capone, but this alleged debt put me in the bankruptcy arena £850.00.

But the fact is Capone owed me money on reclaimable PPI and interest fees, This was the debt on the card and not money I owed as I had paid by DD over a 18 month period the £460.00 I borrowed + the interest etc. of a total of £850.00 The same amount as debt claimed on that CCA.

This detail was never disclosed to the judge at time of first hearing, and was left off the application to apply for bankruptcy as required in first section of bankruptcy form.

I will go to see Judge H and I will do my best to explain all of this with all the facts, and put down in chronological order all accompanied with evidence to these facts.

Big hugs guys xx