I am a former plumber, and can assure everyone that toilet cisterns and seats manunufactured from the "asbestos reinforced plastic", Bakelite were very wide spread throughout the uk. As were asbestos cement cisterns (cold water tanks, and feed and expansion tanks) Both should only be removed im a safe manner by qualified people.

Bakelite toilet cisterns, they are often dark brown or black, frequentley painted on the exterior. Bakelite toilet cisterns primarilypresent a risk because every time they are flushed there is a degree of abrasion at the lever point wether on a low level, or high level cistern.

There is a risk af breakage of any cistern. I have replaced many. Bakelite is espescialy when old fragile. when it breaks, it releases particles of asbestos into the air. These cisterns should never be cleaned with a scouring pad or abrasive. Indeed they should not be touched. If you have asbestos get it proffessionaly removed. Please do not under any circumstances dismantle or attempt to remove it yourself. If you live in local authority, or Housing Assosciation housing, they will safley remove it for you.

If your housing is now private but was formerly local authority built / owned, particularly if the asbestos / containing material was installed by them. They may possibly remove it for you free of charge. I am aware of one example of where the local authority did this in a then privatley owned house.

Please, as a man who has witnesed seven members of my own family die from asbestos related cancer, please do not handle disturb or drill into anything you might slightly suspect to be asbestos. At my fathers inquest, it was stated that one asbestos fiber is all that is required to cause cancer. Degree of exposure is not neccesarily a determining factor in the likley hood of developing related cancer.

There is information on various websites about where you might find it in your home. Every DIYer should be fully up to date on this before any works. The message is: Do not disturb it! Even something as simple as removing wallpaper from the inide of windows, or pinning christmas decorations to a textured cieling could expose you.

Inform your selves, long may you live ; )

Wing Long Brand, Red Flower Oil. Purchased from Chinese supermarket ( Cheaper ), or from Chinese medical practitioners ( Can be twice the price ), Amazon, Internet ( similar price to supermarket ). Is by far the very best treatment for sunburn, and burns from hot things like fire, stoves, blow torches, welding, etc. that I have ever encountered. I was a plumber, welder and keen home cook. So burns go with the territory.

My GF and I once tried Yogurt for sunburn when on holiday in Cornwall and had left the Red flower oil at home. Yogurt didn’t seem to do all that much for the sun burn. It did soothe it a bit, but we are both very fair skinned. What it did do however, was to attract our damned dogs who relentlessly took every opportunity to take a swiping lick at us! And the flies! My GOD! They drove us both mad! We couldn’t wait to get home and showered and get the red flower oil on. It works much better. Dogs seemingly don’t like the taste, and flies seem to be repelled by it too!

Red Flower oil comes in a small glass bottle, but it goes a very long way. Smear thinly over affected area. Almost total pain relief is near instant. - Depending on severity and nature of burn. Reapply perhaps 2 - 3 times per 24 hrs. If and when the pain returns.

Due to its quite remarkable analgesic / pain relieving qualities. You should take utmost care when washing, dressing undressing. Perhaps best not to wash affected area for a couple of days. Or only do so only very gently when pain comes back so that you are aware and would not therefore scrub the skin. Rinse gently only. Only very mild moisturising soap like Dove if you must, as the burns heal.

The product also seems to promote, or speed up the healing process, and reduce the sun stroke or burn shock effect. This may only be because it prevents drying and cracking. Keep away from eyes.

I recommend the Wing Long Brand, solely because I, my friends and our families have used it for some thirty years with great effect and had no problems. I believe it to be a trustworthy reputable brand.

There was / is an issue with some other makes containing different formulations. Notably: Koong Yick Hung Far Oil, aka Red Flower Oil Manufacturer: Koong Yick & Co. Ltd. Of Singapore contains, according to the USA FDA ( Food and Drug Admin ) a toxic ingredient, Methyl phthalate. - Phthalates are not something you want. Baaaaaad stuff!

The ingredients of Wing long red flower oil are: Cinnamon Leaf Oil, Wintergreen Oil, turpentine oil, camphor oil, Cassia Oil and Clove Leaf Oil. - All known, plant based analgesics. - All Natural ingredients.

Wing Long red flower oil can reputedly be used to treat symptoms related to arthritis, rheumatism, bruises, reducing redness, irritations, itching, swelling, sprains, muscle pains and cramps. I personally find it most effective for sunburn, general burns, and soothing of allergic, irritant rash.

The only negative is the smell. Some people like it, - I don't. To me it smells something like Ralgex, Tiger Balm, or Deep Heat.

Be aware that with sunburn / any burns, that if you feel dehydrated, ( keep your fluids up, sipping slowly. - Too much at once can exacerbate shock. Avoid caffeine and alcohol ). If you start shivering, blister badly etc. Feel nauseous, disorientated. GET TO HOSPITAL OR A DOCTOR QUICKLY! - THIS IS A CASUALTY SITUATION! - You likely have sun / heat stroke. Which can be fatal. Even in the UK.

Throughout the world where cannabis is legal or tolerated. It has for centuries, if not millennia, been recognised and prized for its efficacy in the treatment / alleviation of heat / sunstroke. It has reputedly saved very many lives used in such circumstances. Even the formerly totally intolerant USA acknowledged it as one of if not the most effective treatments. Search Bhang Lassi.

Also, little if any chlorine, and near same temp as soil so does not set plants back with temp shock or chlorine toxicity.

Blanch coriander and herbs before freezing to avoid them going yellow!!!! I respectfully suggest total rubbish! Totally unecessary, and Takes all the taste away. Take any herb, washed, preferably spin dried in a salad spinner, but it really does not matter so long as you shake most of the water out. Put in a zip lock bag, almost close it. Hold bag to your chest. Squezze out all the air you can and seal it. Freeze it. Been doing this for decades. Works perfectly every time.

Want chopped herbs like Cilantro / Corriander, Parsley etc. Take bag out of freezer, and immediatley squish / crush / rub bag and contents to desired consistency. Chopped herbs in seconds! Straight from the freezer. They are so brittle, they just shatter. You can store all herbs like this. But the crush chop method does not work as effectiveley, if at all with the more leathery leaved plants such as bay, or curry leaves.

Fresh Lemon Grass can be so expensive. I buy when its reduced for quick sale or cheap in bulk and just freeze in bags as above. Never blanch herbs. That's just western bullsh*t. Fresh chillies freeze well same method too. I near organicaly grow almost all my yearly supply of herbs and veg and preserve it like this. Saves me a fortune.

The longer you keep any fresh cut herb in the fridge or anywhere else. The more it loses its flavour! Do the above and keep the flavour! ; )

Alternative to toilet paper! Use a fluffy pup like a certain loo roll manufacturer seems to hint at in their ads ; )

Ever wondered why Rhodesian Ridge Backs have that chocolatey stained strip of fur going the wrong way up their backs?

- Because Bog roll can be in short supply in parts of Africa ; )

***** SERIOUS HEALTH WARNING! ****

Using toilet tissue to blow your nose is not the cleverest thing to do health wise. I used to for years, and it can cause serious even fatal health issues.

Have you noticed the huge fine cloud of particles that become air bourne when you unroll and tear off bog roll? You probably wont notice it under normal lighting circumstances.

Everyone must have noticed it under bright sunlight. Or powerfull electric light. These particles we see with the naked eye, are only the larger ones. Their is real danger in the ones we cannot see with the naked eye. Especially those below 10 um in size.

What is the natural thing to do before one blows ones nose? Take a deep breath. Typically while holding tissue near face. Then blow nose. In so doing you are inhaling vast amounts of these air bourne particles / fibers.

Any one in the construction industry, or manufacturing (where dust is present ) will tell you that dust inhalation of any type, for any duration is strictly banned on health grounds. A Fairly recent thing, but for very good reason.

Not only is it potentially irritant, but any dust. Even seemingly benign dust can, through long term exposure potentially be carcinogenic, and or cause very debilitating, often fatal medical conditions. Including but not exclusivley: Asthma (and or exacerbation of pre existing), causation of mesothelioma, lung, esophageal, gastrointestinal, laryngeal, and pharyngeal cancers.

Typically, roughly half of many of the air bourne paper particles will be smaller than 10 um. Meaning that they readily cross into the blood stream, thereby travelling to all organs. These small particles go to the lungs, where they have access to the blood circulation.

That Is the primary function of the lungs. That is to act as a primary interface between our bodies and the outside world. This increases the risk of chronic cell mutation at any site in the body. These particles will carry with them whatever they are compounded with. Carcinogens, toxins or not. - See later.

SHAPE IS IMPORTANT:

What is increasingly, over the decades becoming acknowledged among the medical and scientific comunity, despite much industry and vested interest suppression, is that fibres of many substances not just asbestos, appear to have a far greater potential to cause cancer than particulates of other shapes, eg spherical.

WHAT IS PAPER? - A COMPOSITE, NONE THE LESS: PRIMARILY A FIBER!

Toilet paper, as does most paper, unless it is unbleached, non - dyed / inked / printed, and dioxin free. Contains by virtue of its manufacture other dangerous, proven carcinogens and or other substances that can pose issue to health.

These substaces are incorporated into the fibers that we breathe. There by allowing the active transport of them throughout our bodies. Bleaches inks and dyes are all well known carcingens as is dioxin all found in toilet paper. If you want to know what dioxin does to you Google: Dioxin, Ukrainian opposition leader Viktor Yushchenko. - An extreeme example. - None the less eventually proven, and true.

I am not trying to suggest that anyone should stop using bog roll. Or, that if you have used it for blowing your nose on occasion, that you will get cancer or ill. These issues are likley due to long term / chronic exposure.

Only that you should use it for its intended purpose, wiping your bum. Avoid breathing in the dust. Using it long term as I did to blow my nose, can cause problems. It hugeley exacerbated my hayfever / rihinitis, and induced / exacerbated my asthma. - Near instant reaction. In the season, Which is why I looked into it. In the season, I could often get through three or more toilet rolls or big boxes of tissues a day. If you don't belive any of the above Google it!

To blow my nose, I use proper tissues, - expensive, or as a cheaper alternative, Kithcen roll (what I use most, as I am a cheap skate ; ) ). Both appear to shed dramatically less fibers / dust.

On a humerous note, re the subject: Toilet Paper! Listen to this :

You Tube: The Macc Lads - Thinking In The Dark, Link:

I'm Logging out! Bye ; )

Today the police seized my friends van. The vehicle is fully insured, has a valid MOT, and was taxed on line this Thursday (three days ago).

The police officer stated that the vehicle was being seized for no tax. He refused to allow my friend to remove his property from the vehicle. - Is this (refusal to permit property removal) legal?

My friend told the officer he had taxed it on line, the officer said the computer says not. It is recorded as untaxed. My friend offered to get a mini statement from the cash point proving the payment to DVLA. The officer was thoroughly unreasonable and said to the effect you can show me all the paperwork you like, your vehicle is seized and it's going.

My friend had his twelve year old daughter with him and they were now bitterly cold so had to take a cab home. - He hopes to claim this and any other consequential cost or losses back from the police.

My friend is a self employed builder and has several thousand pounds worth of tools in the vehicle. Without the van and tools he cannot earn money. He has canceled work for Monday and notified client/s.

He has got a transaction number from the bank verifying the payment to DVLA, dated three days ago.

What should he do?, what if any compensation, monies might be due.

I suggested that he insist the police return the vehicle to his home at his convenience, not him go fetch it by cab.

Is this unlawful seizure?

Advice would be much appreciated thanks, Zombe

Thats it - looks like a plan to me.

 

Good luck with the MOT, think positive and it will pass! Works for me.

 

Pedross

Thanks mate! If I get stopped, road worthiness wise, I believe it will fail on emissions due to it needing full service having been off the road for a year, and due for a service before hand. It is otherwise safe everything works fine. Its very old, but its a Toyota Mike.

Thanks all , I think the best thing for me in view of your advice is to reverse my original plan, and to sequentially do in line an amalgam of what you advise. In other words, I intend to book MOT first thing tomorrow, car will probably fail, drive car to place of repair and back to testers under exemption of vt30. - Would that be legal? From my understanding of what you say I think so. I hope not to get my car seized. Thanks for the advice - Mike.

What is the legal position? My car is currently SORN (no tax, no MOT), I need to drive it to a garage tomorrow to get a full service etc. Then on to a separate MOT center.

I have insured the car by phone. I have insurance policy No, docs posted to me today. Can I legally drive it for such purpose?

I have searched .gov, VOSA, and Google - could find nothing other than must have valid MOT, Tax, insurance. Help appreciated!

What is the legal position? My car is currently SORN (no tax, no MOT), I need to drive it to a garage tomorrow to get a full service etc. Then on to a separate MOT center.

I have insured the car by phone. I have insurance policy No, docs posted to me today. Can I legally drive it for such purpose?

I have searched .gov, VOSA, and Google - could find nothing other than must have valid MOT, Tax, insurance.

Help appreciated!

Hi, thanks very much all of you for your advice, - My friend is in quite a panicky! MUCH APPRECIATED THANKS!

We have amended letter as advised, including pasting in Installsparks very usefully HB Regs. - Good to show the other party she knows her onions! Re: "admitted over site," the exact words from Benefit Services letter is:

Dated: 2nd June 2009.

I have reviewed the application for Housing Benefit from your Tennant Mr **. I must advise you that benefit has been stopped from March 2008 and you should arrange for the full rent to be paid from this date.

As a result of this change you have been overpaid the sum of £2,573.21. The reason for the over payment is defective claim and has been calculated as follows:

-----------------------------Benefit Paid---------------------------------

FROM TO WEEKLY AMOUNT NEW AWARD

31 March 2008 01 April 2008 £4*.** £0.00

01 April 2008 01 April 2009 £4*.** £0.00

01 April 2009 18 May 2009 £4*.** £0.00

An invoice will be issued for repayment. (End of letter)

I agree with Aviva: Quote: Originally Posted by Aviva

I think as per usual when it comes to debt collection involving more than one party they have gone for the person they think is most likely to pay or be in a position to pay rather than who actually is responsible for the outstanding debt. - But I would put it more strongly: I am absolutely certain the above is the case!

Re: overpayment recoverable from Ben Claimant / tenant if receiving DWP Benefits. We believe the Tennant to likely be on benefits as has little realistic prospect of employment due to disabilities and "issues". - He left a note saying he was going to the Council Day Center / Night shelter. We think it reasonable to assume that they would have got him to reapply for benefits. IMHO I believe he should be on Incap Ben and DLA.

Re: If the tenant has fraudulently claimed any benefit while working, the council should go after him. My understanding, and honest opinion is that tennant did not intentionally, fraudulently, or otherwise claim benefit to which he was not entitled. I believe the tenant notified Benefit Services that he had stated work, but the Housing Benefit continued to pay the landlord regardless from 31st March 2008 through to 18th May 2009.

We are minded to leave much of the circumstances in, just put it more concisely, (which I am crap at!) as I have once had Judge significantly reduce a Claimants costs because I demonstrated that I had fully informed them of my position from the outset. On another occasion for the same reason, the Judge threw out the entire case and soundly admonished the claimant for ever bringing the case to Court. Further, that we are considering CC ing the letter to MP, MEP, Local Councilor, Local Paper, with cover letter.

Thanks again!

I have been asked to post this on behalf of a friend who does not yet have access.

She is being pursued by The Benefit Services For some £2,500 in rent overpayment's for rent/services for a room she let to a homeless man formerly accommodated by the same Council Benefit Services that is now threatening her. The circumstances are outlined in the draft letter of appeal below.

Please advise! I don't know what I am doing! Should she send this as is or what amendments would you suggest?

************ Benefit Services

************************ 19th June 2009

Re: Your Invoice Number: *****

Dated: **.06.2009 + Phone call.

Appeal Regarding Your asserted overpayment of £2,573.21.

I am shocked and dismayed that you are attempting to recover this sum from me with threat of further costs and potential legal action!

I hereby appeal against this decision. My reasons and circumstances follow:

I do not understand on what legal basis you have a claim against me.

The money was part payment for rents due to me from Mr ("the tenant") for the period of his tenancy. Paid by you into my account.

It should be noted that Mr ("the tenant") to date, owes me some £2,557 in rent and bill arrears for the period of his tenancy and was evicted for non payment of rent arrears.

This money was paid to me, an individual, a small private landlord renting a bedroom in my house, by you the Benefit Services, for rent claimed by a third party. My former tenant Mr ("the tenant").

My understanding is:

That you paid the sum to me for rent claimed by Mr ("the tenant").

That this payment resulted from claim/s for rent and or benefits by Mr ("the tenant"). - A matter between the Benefit Agency and Mr ("the tenant"). The detail of which is of no more concern to me than any other landlord in the U.K. save beyond that that the rent is paid.

The eligibility of Mr ("the tenant") at any point in time is not information I am party to. It is again a matter between the Benefit Agency and Mr ("the tenant").

Benefit legislation and eligibility is something I know nothing about save TV adverts offering ongoing support for those re starting work. Which is what I assumed was the case when the payments were continued by you for the brief period/s Mr ("the tenant") informed me he was working.

If you consider that you have made overpayment on behalf of Mr ("the tenant") due to his alleged in eligibility then you should seek to recover the monies from him. This a matter to which both Benefit Services and Mr ("the tenant") are legally, contractually bound,- not I. In consideration of the above I cannot see how I “have been unjustly enriched,” I request the claim be rescinded / estopped.

I work hard for often very long hours and low pay as a care assistant. I struggle to make ends meet and pay my mortgage. I met Mr ("the tenant"), a Liverpudlian, through a friend and near neighbor. On arrival in *********, he was homeless and using the services of ******* City Council Homeless Persons Unit Day Center, Night Shelter, etc.

He has a number of issues, and disabilities and I felt sorry for him.

I had advertised the spare room in my house for rent as I was really struggling on my own for money. I let him have the room without the months rent as deposit I had intended. He was destitute, and penniless.

I offered him the room, inclusive of food and bills, originally for £473 pm, which he claimed from you for a while.

He later found employment as a security guard and paid the rent/bills himself in full to me for a while. I understand that he lost his job due to not having the ability to take the security guards exam, he went back on benefits.

I had no idea when he was in work, on benefit or not, - other than his say so, the forms he showed me, and your payments on his behalf. I understand from Mr ("the tenant") that In March 2008, the Benefit Services cut his payments to £173.63 due to his declaring restarting part time work. He assured me at the time that he would make up the short fall from his wages. He failed to do so and grew further indebted to me.

Other than renting him a room we lived separate lives. I often work a 60hr + hour week, I have two daughters, and grand children who live locally and I visit a lot. I have a busy social life. Home to me is where I sleep. What exactly transpires in a tenants life is simply not going to be on my radar.

Matters deteriorated rapidly when Mr ("the tenant") borrowed money from me and failed to repay it. He ran up considerable debts and has caused me serious problems as people and businesses are pursuing him for the debts at my address, causing me considerable distress. I became aware that he has a serious gambling habit, and believe many of his debts result from this.

We have had many rows about money and his failure to move out, keep the place clean, his rudeness to me and my relatives, etc. I gave him notice to quit in April 2008. This caused a number of very bad rows and I felt unable to stand up to him as he was mentally and verbally abusive. He simply ignored the notice to quit, and my every repeated request that he leave. This has been the situation for many months.

I dread coming home to face yet another confrontation and abuse. I was greatly relived when he left. I have had the locks changed. To put it mildly, he has been an extremely objectionable tenant, and owes me some £2,600 in rent and bill arrears.

When you obtain a forwarding address for Mr ("the tenant") please forward it to me so that he can be served with an injunction / non contact harassment order. I can send the people chasing him for debt on to him. I am sick of people pursuing him at my address.

I received payment from you through your admitted oversight, - not mine. Oversight, and consequent situation of which I was neither aware or responsible for.

I received payment from you upon which I acted in reliance upon. I paid my mortgage with it.

Consequently I am in a position from which I cannot revert, In that the rent was paid into my mortgage account.

In consideration of all of the above I cannot see how I “have been unjustly enriched,” I request the claim be estopped. I do not understand on what basis you have claim against me in law. - I cannot understand why you are pursuing me and not Mr ("the tenant")..

Yours sincerely

******

The above was written with reference to general advice on the Debt Forum, and posts on the Benefits Forum by Silverfox1961 and installspark in thread posted by Big Boss man: East Riding of Yorkshire Council Overpayment's - part 2. Link / clicky:

http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/203059-east-riding-yorkshire-council.html

Advice would be very much appreciated, - Thankyou!

Thank you for your advice. My questions arising from the application for Summary Judgment hearing of 21st January 2009 are:

How to defend unjust enrichment through lost cheque?

Or if Bank can’t prove cheque was not encashed, does their claim fail?

At the hearing of 21st January 2009, Halifax applied for summary judgment seeking to enforce a Summary Judgment for some £10K plus costs and interest. Arising from an alleged shortfall in full redemption of a mortgage that took place in August 2003.

In February 2004 Halifax contacted me to inform me that their bankers Barclays had lost a cheque for £6,908.00 this being part payment of a total of £68,907.84. The background is explained on earlier posts.

In Court the Halifax Counsel referred extensively to “Chitty on Contract Law 29th Edition, Volume 1 General principles.” Without giving the Judge or myself prior copy. The Judge asked Halifax Counsel if he had copies for herself and me the defendant to refer to, he had none. The judge appeared displeased and asked the Court Clerk to photocopy the relevant pages.

I have a .pdf and can post it if helps. I also have .pdf of Halifax / Optima’s Witness Statement, P.O.C. and evidence.

Bear in mind the first I saw of this was when Halifax Counsel showed it to me for a few minutes just before the hearing.

A main argument put forward by Halifax’s Counsel: That they claim that I have been unjustly enriched to the sum of £6,908.00 the sum of the cheque paid to the Halifax that their bankers Barclays lost in 2003. Unjust enrichment is the condition I have not found a solution to.

Under questioning by the Judge, I said that I had no proof other than the Halifax claim that the cheque had not been encashed. I was asked if I had seen my mothers bank statements or asked her. I explained that my Mothers finances were and are controlled by my brother who denies me access to my Mothers financial data.

The Judge instructed Halifax’s Counsel to prove to the Court, to both Court and satisfactory legal standard that the cheque paid to your client by my Mother, for some £6,908.00 was not encashed before the next hearing 10th March 2009.

I do not know whether the Halifax will be able to prove that the cheque was not encashed. A friend suggests that that is unlikely that they will be able to do so. I have no idea.

I wonder if there is mileage in the fact that I was sent the deeds and D32SE, the highest proof anyone is mortgage debt free. How can a bank do this and then six months later claim they lost part payment, a cheque for £6,800.00. - I do not understand!

This is the Chitty Detail:

Chapter. 3 - Consideration, page 264, 3-089 Requirements. For the equitable doctrine to operate……

Page 265, 3-089 - Discharge & Variation of Contractual Duties.

- A promise or representation………..

Not mentioned by prosecution were:

Page 268, 3-093 Reliance. - I and my Mother relied on the material (action in reliance) sent to me by the Halifax, the deeds and form D32SE and their written proof of full mortgage discharge.

Importantly page 269, 3-094. Whether Detriment Required.- I wonder if this may offer me defence re unjust enrichment. I cannot sufficiently understand it to be sure. Which is why I did not raise it at the hearing.

Page 270, 3-096 Effect of the doctrine generally suspensive. - Not extinguish but only suspends rights.

I think page 270, 3-095. Inequitable. - Again not mentioned by prosecution, further assists me. In that: I, the promisee acted in reliance on the promisor’s highest assurances that I am debt free. Mortgage fully repaid, as confirmed by the Halifax.

They sent me the deeds to my house, and form D32SE - the transfer to land registry document proving that the property is debt free, and in my sole name.

I and my mother relied on this and my and my mothers position subsequently changed upon reliance on their assurances that I was debt free. My Mother relinquished her finances to my brother. From this point I and my Mother were unable to revert.

Page 271, 3-097 Discharges and variation of contractural duties.

- Extinctive effect in exceptional cases.

Why the Halifax are using this one I do not understand. As I interpret it. If anything, this is relevant to me as applicable in defence. As it appears to undermine / invalidate their claim against me.

Allocation Questionnaire N150.

I am Not Happy About ticking yes to Box A!

Halifax / Optima have selected No to question A.: Do you wish for there to be a one month stay to attempt to settle the claim, either by informal discussion or by alternative dispute resolution?

Reference to this site would suggest I tick yes. The hearing (final) they have requested on their AQ is for March next year. Is there really any point in me ticking yes?

At the end of the day there is no way I am going to be satisfied with anything short of a full strike out, or withdrawal with costs to me. This being core to my principles. Founded on my belief that the Halifax are simply wrong.

It is their error, compounded by errors, and overcharges. After all Halifax have put me through, I will not accept anything less than complete withdrawal by Halifax. And If they won, I am looking at about 20K which they will doubtless enforce by repossession.

It would appear to me from the Halifax AQ and POC they are of no intent other than to fight me all the way and are not even considering withdrawal. - The only out come acceptable to me is that their claim entire should be estopped. Or otherwise voided.

OK,I can for see people saying there is a time advantage to be had. But honestly! in my circumstances, (Final hearing March 2009) I think ticking yes will merely be interpreted as weakness. In that it would potentially introduce the concept that I wish, or even consider, that I accept less than total withdrawal of claim + costs. This I feel Will, be interpreted by Halifax and court as a climb down. A diminution of my long argued position. As I understand it, estoppel, as relevant to my circumstances is pretty well an all or nothing defence.

In ticking box A, pertaining to my case, what value is there in that? - Other than to have the final hearing in April instead of March 2009?

Why give them more time?

Or does ticking yes just make you look reasonable to the court ?

Thanks All for your much appreciated help!

Littlewillie thanks for sorting post and your support!

Ukaviator

Thanks but 3rd Judge rejected this argument as not relevant to my case. Although I feel it is relevant, as judge in 2002 questioned the unusually high charges, ordered the Halifax to give me full explanation of them. To which in spite of S.A.R - (Subject Access Request) etc they still haven’t. I believe a proportion, perhaps a high proportion of the charges on my Mortgage to have been far in excess of the true cost of any intervention. In addition, I am confident that at least £1,100 (+ subsequent interest) in legal fees has been debited to my account in breach of Halifax’s own terms / conditions. They applied the charges in spite of my paying the arrears well before their contractural deadline time. I have their letters threatening legal action, their terms re settlement of arrears before charges applied. I have my timed and dated receipts, and phoned their legal dept to inform them, of which I have record. I cannot understand the very poor accounts Halifax sent me in their POC. I suspect they contain inflated, miss and or overcharges.

Suragentx20

Thanks, I can see you have really put your quality and informed mind to this! Your assessment of the Halifax POC is extremely accurate. I am still absorbing you very intelligent and well rationed arguments. Thank you! I believe much of your reasoning will form my defence. I will respond to points for feed back. I need a couple of days to form my questions.

I Have received an Allocation Questionnaire from the Court to be completed by my self and returned by 31st October 2008.

I received from Halifax (Optima) their Allocation Questionnaire and revised POC. Their Allocation questionnaire sets out dates by which documents have to be returned by both parties, seemingly set by the Halifax. The Halifax (I assume) are looking for a court hearing in March 2009. Listed, it would appear either for one or four hours. I am happy to post it on the CAG for all to see, so long as it does not prejudice my case. - Subjudicay? I don’t know what I am on about, but would I be in contempt of court? or in some way undermining my case in so doing?

Thanks for your advice

Yours sincerely

Zombe

I purchased a house in December 2000.

About March 2000, I was attacked by a large group who beat and kicked me like a human football, I suffered brain injury, some permanent physical disfigurement and short term impairment of motor and balance skills. I Fell into arrears, bank took me to County Court about 2002.

The Judge told Halifax counsel to deliver accounts with detailed analysis of all charges on the account. The Judge made a charging order, but refused to allow repossession. I have never received the accounts. My health greatly deteriorated and I was unable to maintain payments. In June/July 2003 a Halifax negotiator told me that I would be repossessed in 30 days unless I repaid in full. I explained that I was disabled and was deteriorating, and would never foresee the ability to finance a mortgage myself again. I informed him that relatives were keen that my house not be repossessed and that “we need a figure to redeem the mortgage in full and final settlement with my Mother’s savings that were invested in bonds or accounts that required a notice period of up to thirty days. He said he could not give me an exact redemption figure. From memory, I believe I offered to pay what funds were available now and the balance as it became available over the next forty or so days. The negotiator rejected this and insisted on full redemption in 30 days but relented and agreed to extend the period. The mortgage was redeemed in full by my Mother in cash and cheque on 11 AUG 2003. I have a receipt. The Halifax confirmed full payment was made to their satisfaction and that the Deeds would follow. A letter arrived accompanying my Title Deeds and form D32SE confirming the mortgage fully discharged. Which I forwarded to Land registry and subsequently received my Deeds in my name bearing no mortgage charge.

All of the above documentation our family took to be proof that my mortgage had been fully redeemed. We were all in no doubt that I was at last debt free.

On the 21st February 2004 I received a letter from the Halifax telling me that unfortunately their bankers, Barclay's had lost a cheque for £6,900 and to please forward a replacement cheque? On 12th March 2008 Halifax got a 10k CCJ by default.

I attempted to get legal aid but the lack of legal firms prepared to undertake debt on Legal Aid has meant I have had to appear before the Judge three times to ask for adjournment as the legal aid has not been available.

At the previous hearings I stated that I believed I had grounds for defence on the basis of Estoppel. The unfair charges regulation arising from the OFT High Court hearing, and unfair contract legislation. The Judges believed I may have potential grounds for defence, and allowed adjournment for me to get legal representation. I clearly cannot defend myself.

I issued the Halifax with a Specific Data Request, or request for further information under the Court Procedure Rules on the 19th August 2008. An inadequate reply was received in September 2008. They complained in court about this saying they did not see the relevance and said it was a delay tactic. I robustly refuted this and insisted it contained evidence necessary to compile my defence. At the last hearing, 2nd September 2008, I asked the Judge for adjournment as Halifax had still not responded to my S.A.R and that I was still seeking legal representation as I am unable to adequately defend myself.

The Judge said that she could see no reason not to hear the case now, having considered the Halifax counsels arguments and my very inadequately stated verbal defence.

The Judge disagreed with my argument re overcharges and said that the April High Court ruling, OFT case only applied to bank accounts. I replied: The Halifax is a bank, and that a mortgage is merely another product of a bank and was therefore covered by the ruling.

The Judge disagreed. I was not expecting this and cannot remember her reasons other than the above stated.

The Judge considered that I may have grounds for defence on the basis of Estoppel. I was very daunted by this, as I had no one to speak for me, but could not believe my ears when the Judge said something like: “I can see no reason to not strike out the judgment now on the basis of Estoppel“. A debate between the Judge and Halifax counsel took place, but the Judge indicated that this would best be resolved when I have legal representation. Halifax Counsel asked for costs. At previous hearings Halifax had tried and been refused by the Judge who replied that costs will be decided at the final hearing.

The Judge ordered:

1. Judgment be set aside.

2. The defendant do file and serve a defence by 4pm on the 1st October 2008.

3. Application for charging order absolute be adjourned to the final hearing of the claimants claim.

4. Interim charging order do stand.

5. Costs to be paid by the defendant and assessed at £979.50

Since the hearing:

Judgment was set aside to prepare my defence which was based on Estoppel. If I were to put forward a proper defence of Estoppel I may have a real prospect of successfully defending the claim. I have filed defence on the 1st October.

Halifax have sent me an incomplete response to my S.A.R. as they have used more detail in their P.O.C.

I have received an Allocation Questionnaire to be returned by 31st October.

I have now found a solicitor who is prepared to review my case and potentially defend me but are quoting a time frame of some two months to produce my defence for Court, which is outside the time frame set by the court. I will proceed with out legal representation. Hopefully with some assistance from the CAG, advice gratefully sought!

In response to my defence of Estoppel, the Claimant argues “That I have been unjustly enriched by the sum, or value of £6,900, that being the capital in my house”. - The point which I have not yet compiled an answer to. - Ideas please! All the other principles of Estoppel, I believe are satisfied.

I believe that I will definitely need someone competent in Court to speak for me as I can not think fast enough to respond. Reasonable expenses will be met.

So near, and yet so far!

Yours sincerely

Zombe

I purchased a house in December 2000.

About March 2000, I was attacked by a large group who beat and kicked me like a human football, I suffered brain injury, some permanent physical disfigurement and short term impairment of motor and balance skills. I Fell into arrears, bank took me to County Court about 2002.

The Judge told Halifax counsel to deliver accounts with detailed analysis of all charges on the account. The Judge made a charging order, but refused to allow repossession. I have never received the accounts. My health greatly deteriorated and I was unable to maintain payments. In June/July 2003 a Halifax negotiator told me that I would be repossessed in 30 days unless I repaid in full. I explained that I was disabled and was deteriorating, and would never foresee the ability to finance a mortgage myself again. I informed him that relatives were keen that my house not be repossessed and that “we need a figure to redeem the mortgage in full and final settlement with my Mother’s savings that were invested in bonds or accounts that required a notice period of up to thirty days. He said he could not give me an exact redemption figure. From memory, I believe I offered to pay what funds were available now and the balance as it became available over the next forty or so days. The negotiator rejected this and insisted on full redemption in 30 days but relented and agreed to extend the period. The mortgage was redeemed in full by my Mother in cash and cheque on 11 AUG 2003. I have a receipt. The Halifax confirmed full payment was made to their satisfaction and that the Deeds would follow. A letter arrived accompanying my Title Deeds and form D32SE confirming the mortgage fully discharged. Which I forwarded to Land registry and subsequently received my Deeds in my name bearing no mortgage charge.

All of the above documentation our family took to be proof that my mortgage had been fully redeemed. We were all in no doubt that I was at last debt free.

On the 21st February 2004 I received a letter from the Halifax telling me that unfortunately their bankers, Barclay's had lost a cheque for £6,900 and to please forward a replacement cheque? On 12th March 2008 Halifax got a 10k CCJ by default.

I attempted to get legal aid but the lack of legal firms prepared to undertake debt on Legal Aid has meant I have had to appear before the Judge three times to ask for adjournment as the legal aid has not been available.

At the previous hearings I stated that I believed I had grounds for defence on the basis of Estoppel. The unfair charges regulation arising from the OFT High Court hearing, and unfair contract legislation. The Judges believed I may have potential grounds for defence, and allowed adjournment for me to get legal representation. I clearly cannot defend myself.

I issued the Halifax with a Specific Data Request, or request for further information under the Court Procedure Rules on the 19th August 2008. An inadequate reply was received in September 2008. They complained in court about this saying they did not see the relevance and said it was a delay tactic. I robustly refuted this and insisted it contained evidence necessary to compile my defence. At the last hearing, 2nd September 2008, I asked the Judge for adjournment as Halifax had still not responded to my S.A.R and that I was still seeking legal representation as I am unable to adequately defend myself.

The Judge said that she could see no reason not to hear the case now, having considered the Halifax counsels arguments and my very inadequately stated verbal defence.

The Judge disagreed with my argument re overcharges and said that the April High Court ruling, OFT case only applied to bank accounts. I replied: The Halifax is a bank, and that a mortgage is merely another product of a bank and was therefore covered by the ruling.

The Judge disagreed. I was not expecting this and cannot remember her reasons other than the above stated.

The Judge considered that I may have grounds for defence on the basis of Estoppel. I was very daunted by this, as I had no one to speak for me, but could not believe my ears when the Judge said something like: “I can see no reason to not strike out the judgment now on the basis of Estoppel“. A debate between the Judge and Halifax counsel took place, but the Judge indicated that this would best be resolved when I have legal representation. Halifax Counsel asked for costs. At previous hearings Halifax had tried and been refused by the Judge who replied that costs will be decided at the final hearing.

The Judge ordered:

1. Judgment be set aside.

2. The defendant do file and serve a defence by 4pm on the 1st October 2008.

3. Application for charging order absolute be adjourned to the final hearing of the claimants claim.

4. Interim charging order do stand.

5. Costs to be paid by the defendant and assessed at £979.50

Since the hearing:

Judgment was set aside to prepare my defence which was based on Estoppel. If I were to put forward a proper defence of Estoppel I may have a real prospect of successfully defending the claim. I have filed defence on the 1st October.

Halifax have sent me an incomplete response to my S.A.R. as they have used more detail in their P.O.C.

I have received an Allocation Questionnaire to be returned by 31st October.

I have now found a solicitor who is prepared to review my case and potentially defend me but are quoting a time frame of some two months to produce my defence for Court, which is outside the time frame set by the court. I will proceed with out legal representation. Hopefully with some assistance from the CAG, advice gratefully sought!

In response to my defence of Estoppel, the Claimant argues “That I have been unjustly enriched by the sum, or value of £6,900, that being the capital in my house”. - The point which I have not yet compiled an answer to. - Ideas please! All the other principles of Estoppel, I believe are satisfied.

I believe that I will definitely need someone competent in Court to speak for me as I can not think fast enough to respond. Reasonable expenses will be met.

So near, and yet so far!

Yours sincerely

Zombe

Thanks for the advice, will condense and repost in legal issues.

I just got my S.A.R - (Subject Access Request) data from the Halifax. It was clearly badly, and in my opinion deliberately badly copied so as to render it as useless as possible. It appears to have been copied out of register with the scanner so as to miss dates and other data.

There is a large grey stripe across every page obliterating any data that there may be in this location. In my opinion it is incomplete as it does not even contain the data that they claim to have pulled from their records to comprise their P.O.C.

In my personal experience I have encountered what amounts to in my opinion misrepresentation of events and untruths being forwarded as fact. In experience, whitholdment of data, general intransigence and bullying to be standard behavior of the Halifax.

Do not take it to be the case that if they allege something that it is either true, or that it ever took place or that they have the evidence to prove it. I would advise that you insist on proof of anything which is in anyway out of line with what you know to be the case / your records.

As in my case they appear happy to go to Court on the basis of claims that when pushed they cannot prove.

I advise that `trust' and `honesty' are concepts best reserved for `trustworthy' individuals / organisations, Not the likes of the Halifax and their agents.

The problem I have had all along, is I have no means to finance my defence. I am dependant on legal aid or alternative. I did not enquire re no win no fee as 1) I wasn't aware that they cover debt issues. 2) All that I have heard of these firms is bad news.

I have phoned every law firm for miles without success, none of them are interested in debt defence on legal aid. Many tell me that is impossible to get legal aid for debt. I have spoken to the Community Legal Service asking if they can advice. They tell me the reason I am having such trouble is that there simply is no money in dealing with debt for the solicitors.

The legal firm who has agreed to review my case, deals with debt issues but from the recovery view point. I would hope that they have some expertise in the area. They are very busy and quote approximately eight weeks from taking my files to submitting a defence.

The Judge has made it very clear that I have to file my defence by 4pm tomorrow, 1st October 2008. I guess I will just have to take my chances and file my own defence. I am having a look round now for the closest thing to my circumstances off this site so I can tailor it. Any suggestions?

I have copied this to Halifax Bank of Scotland section. Thanks

Hi I have been trying to get legal representation on this for some time.

I have been before the County Court Judge three times now. I have to file a defence by tomorrow please advise!

“Without prejudice” - so the Teflon Hack Fish cannot use it in Court! The following is merely an outline synopsis for discussive purposes, and not in any form necessarily a true statement of fact, or is it intended to be so.

Sorry about the detail but I believe it demonstrates grounds for defence, perhaps estoppel of the Halifax’s claim on grounds of both parties actions. And my circumstances, and why I cant seem to make progress, and indicate the help I need. I suspect that Halifax are in breach varios legistlation / regulation.

Purchased house December 2000.

About March 2000, I was attacked by a large group who beat and kicked me like a human football the motive was more `fun’ than robbery, although they did go through my pockets. I suffered brain injury, some permanent physical disfigurement, and may require surgery at later date for inopthalmia. Short term impairment of motor and balance skills.

I have to date only partially regained my communication skills and am now only capable of interaction limited to short periods, perhaps 10 - 30 mins, depending on the complexity. After which I am drained and often need rest.

My ability to readily and rapidly absorb information is greatly reduced/impaired. - However I am very determined by nature and persist until I understand, even if it takes me for ever. I used to be quick of mind, and reasonably intelligent.

Written material I can absorb eventually. Conversations, Court arguments I am useless at. Frustratingly my stupid brain can not respond fast enough! My communication difficulties and general ability is further deteriorated, often to the point of non comprehension / cognition, by side effects of the medication, pain killers I am on for arthritis and other conditions. I have had surgery on three occasions since 2003 when I repaid the mortgage

In fact coping with severe, often unremitting pain is in itself exhausting and taxing of mind. And often leaves little or no focus, or temper for anything else.

I Fell into arrears, bank took me to County Court about 2002. At the hearing, Judge remarked that the charges applied seemed to be very high indeed, remarkably high. In consideration of the period of the account, indeed some of the highest he had seen.

He asked me if I had received any explanation of the charges. I replied no, I have been asking the Halifax to explain how the charges come to be so high. The Judge turned to Halifax’s counsel and asked him what evidence do you have to explain these charges, where is the analysis, where is the breakdown. Halifax’s Counsel replies to the effect of: I am sorry I only have the overall sum sought in the order.

The Judge said to the effect: that he was most unimpressed with this, he told Halifax counsel to tell claimant that they must deliver to defendant (me) accounts with fully detailed analysis of all the charges on the account. The Judge made a charging order, but refused to allow the Halifax application for repossession.

I never received the accounts. My health greatly deteriorated and I was unable to maintain payments. June/July 2003 I was contacted by a negotiator from the Halifax. I tape recorded every conversation with him as I had done for many years as a matter of course regarding any business/formal matter.

The negotiator told me that I would be repossessed in 30 days unless I repaid the mortgage in full. Not just the arrears, no outstanding balance, no more mortgage, fully redeemed, or your house will be repossessed. He was not interested in interest only payments from DSS, or my protest of the fact I had still not received detail or accounts explaining the very high charges as per order of Judge.

I explained that I was disabled, had serious health problems, and was deteriorating, and would never foresee ably be able to finance a mortgage myself again. However I believed there was a good possibility that the full funds may be available through relative/s. We agreed to speak again promptly after I had spoken to them.

The same negotiator and I spoke again, I informed him that relatives were very keen that my house not be repossessed. I quoted my Mother and told him that “we need an exact figure to redeem the mortgage in full and final absolute settlement for a given date as There is a once off, and only one bite of the cherry. One single opportunity to pay this off. And it must be in full and final settlement. Total severance, no more monies to be outstanding to the Halifax, as there will be no going back for more money”.

I believe my Mother sensed, what transpired to be the case. That she may due to increasing illness have to soon give power of attorney, and or full control over her affairs to someone, and may then be unable undo it to further intervene. That is what I believe was the reasoning behind her (what appeared to me then) somewhat unusual statement.

I explained to the negotiator that my brother who had been operating my Mothers finances for some time, was totally against Mum redeeming my mortgage, and that if he had his way, it would not happen. It was only happening because my mothers intent was reinforced by her relatives and her close friend/s.

The negotiator said he could not give me an exact redemption figure for any given day, (which I found odd) but he did explain how It could be calculated. I told him that we needed to, and will ensure that slightly more money than should be required will be made available for the day, as my Mother insists this will be a one off payment, full and final settlement, no coming back for more money etc.

I explained that the majority of my Mother’s money was tied up in investments, bonds or accounts that required notice period some of which was available in 14 days and other in thirty or so days from notice and therefore would the Halifax agree to an extension of the thirty day deadline. I believe I offered to pay what funds were available now and the rest as it became available over the next forty or so days.

The negotiator firmly rejected this and insisted on full redemption in 30 days. I felt under extreme duress / distress and I did a lot of grovelling and begging. The Halifax negotiator still insisted in full redemption or repossession in 30 days. I changed tack and politely but firmly stated that under the circumstances this was a very good offer.

I politely reminded him that I was offering to pay the full sum that he insisted on, but under protest, including what I believe, and the Judge questioned to be, substantial and very high or overcharges. In spite of not receiving the accounts as ordered by the Judge. I stated that I want refund for the overcharges.

The negotiator relented and agreed to extend the period. He insisted that I pay the full redemption figure or Halifax would reposes. Any dispute I had about charges was up to me to sort out later, was irrelevant to, and would not stop repossession. - A compromise had been dictated by him.

I spoke to the negotiator again prior to payment confirming and reiterating the terms i.e., as stated previously, full redemption figure as asked for, as a one off full and final settlement, paid under protest without sight of analysed accounts, reserving right to refund for overcharges on receipt of outstanding accounts, which I insisted be delivered to me. I confirmed that the money would be available on the agreed date.

The mortgage was redeemed in full by my Mother in cash and cheque on 11/08/03. I have a the receipt for this from the Halifax. I Phoned the Halifax to confirm that full payment was made to their satisfaction. The Halifax sent a letter thanking me for redeeming my mortgage and informing me that the Deeds would follow.

Much the same letter arrived accompanying my Title Deeds to my house and form D32SE confirming that the mortgage was fully discharged. Which I forwarded to Land registry and subsequently received my Deeds in my name bearing no mortgage charge.

All of the above documentation, I, my Mother and relatives took to be the very highest proof that my mortgage had indeed been fully redeemed. My Mother asked me if I was sure the Halifax were now satisfied. I assured her so, and took to her house the documents and Deeds on visits to her, and she showed me the receipt she had been given by Halifax. We were all in no doubt that I was at last debt free.

My brother was enraged, I have been told that he was not just livid, but incandescent with rage, and deeply aggrieved that Mum had paid my mortgage in spite of his very best efforts to prevent this.

My Mothers health deteriorated, my brother now had virtually absolute control of my mothers finances. I later found out that he had had drawn up power of attorney papers in his favour. I have copies. Her discretion in spending was limited to groceries and daily essentials. Anything else was only permitted by strict scrutiny and approval of my brother. He would literally deliver her cash, not on her demand, but only if, and when he saw fit to do so.

In late February 2004 i received a phone call from the Halifax claiming that the Halifax sent me a letter on the 21st of October 2003 and another on the 9th of January 2004 claiming that a cheque in part payment had gone missing.

On the 21st February 2004 I received a letter from the Halifax telling me that unfortunately their bankers, Barclay's had lost a cheque for some £6,900 and to the effect that they were sorry not to have informed me earlier but it was only now that they had been informed by Barclay's. Please would I forward a replacement cheque?

I was nearly sick! I could not believe it! After all this persecution and harassment, and full payment of £68k, the Halifax were still after me! I Cried, then I thought it must be a bad joke! A stitch up by friends with a very poor sense of humor.

I fully expected Jeremy Beadle and his crew to come through the door! No Halifax claimed it was for real and continued to pursue me till this day throughout. In spite of my worsening long term illness, and 2 cancer scares.

I have at times been gravely ill and incapacitated for long periods. Coughing up blood. Tested by endless medical staff for endless illnesses all of the top ten I note are normally fatal,. Which in itself is a worry especially when the docs are all worried. Testing me for endless diseases including various cancers and lymph things, T.B. HIV/AIDS, the Hepatitis alphabet, and other nasties I cannot remember.

The Docs could not find a cause. They said their tests showed I was / had been very ill, something about my bloods (tests) being all over the place and other things, but they were gradually returning to normal over the course of months. I was not myself for a long while. Alongside mental breakdown in terms of very deep depression has resulted from the Halifax harassment of me.

My Mum who is highly dependent on me, has on many occasion, throughout this period been hospitalised due to falls and life threatening infections many times, often for long periods. Considerably adding to my burden as I have had to live at her house when I am able, so as to visit her whenever possible. Which neither allows me to attend my own medical appointments, and hinders my dealing with my own affairs like corresponding with the Halifax.

Throughout all of which I informed them of, and yet they pursued and harassed me by telephone letter and so they claim, a couple of house visits. In spite of me telling them that in no circumstances will I permit anyone in my house so you are wasting your time and entirely at your own expense. There is nothing that cannot be said over the phone that cannot be said face to face.

I told them that I call the police as a matter of course to any unwanted caller at my address who will not leave immediately. I told them that I am informing them now that anyone they send to my address is liable to be arrested for at least harassment as I hereby inform them not to call at my address. To do so is harassment. Communicate in writing or by phone.

Halifax have phoned me, and I have phoned them on a number of occasions over the years. I Have tape recorded almost every conversation with them. I inform them that I am recording the call, often this unsettles them, sometimes they put the phone down on me!

So I call back and ask to speak to a supervisor and politely point out their colleagues stupid childish behaviour. They are after all, according to their spiel recording the conversation as well!

On occasion they call me on my mobile. I tell them: “Unfortunately I do not have the facilities to record this conversation with me right now“. and that: “I have repeatedly asked that you only call my home phone“. They often start burbling away trying to discuss. I cut across them, if they carry on and don’t listen I cut them off.

They nearly always call back thinking it’s a dropped connection, I say: Read my notes, It is there, that I record all conversations with Halifax. I will discuss nothing with you unless it is recorded. I will be in at X time call me then. Thank you good bye.

Pretty well every call I have had with the Halifax these many years has been I have recorded excepting a couple of mobile calls. I cant be bothered to cart the kit about. At every call I stick rigidly to the line, insisting that I do not have any debt with them. I have the Title Deeds free of mortgage charge and the Halifax mortgage discharge letters. I remind them of the circumstances of payment, once off full and final settlement, no second chance.

I insist that they give me accounts as in my opinion and that of the County Court Judge charges on my account are extremely high. I want the analysed accounts as ordered by the Judge in order that I can apply for refund. Halifax owes me not the other way round.

I complain that their not sending the accounts, and that their continued harassment by phone and letter is making me ill. It is a burden and duress I cannot bear in addition my existing illness and circumstances. In my opinion the deliberately applied duress the Halifax the has caused me mental breakdown and much distress.

Last year I had a large lump. My second cancer scare. The Halifax still persecuted me. I was very depressed they phoned me and I told them to leave me alone I wrote to them by email as well and told them to leave me alone as I was ill and that if it transpired that the stress they had put on me had any part in it I would sue them.

I thought I might have cancer. I was aware that stress is considered to be key in both causal factor and development of some cancer. I felt that the Halifax persecution of me may well have contributed to what may be cancer.

They certainly made me depressed to the point of suicidal thought on many occasion. This is the second cancer scare I have had since 2004. Fortunately this turned out to be a large benign cyst, the size and shape of an extra large hens egg, which was removed in January 2008. I told the Halifax to: “Send me my fully detailed and analysed accounts and leave me alone“.

12th March 2008 Halifax got a 10k CCJ by default.

I attempted to get legal aid but the process and lack availability of legal firms prepared to undertake debt on Legal Aid has meant I have had to appear before the Judge three times to ask for adjournment as the legal aid has been very limited and or not available.

At the previous hearings I stated that I believed I had grounds for defence on the basis of Estoppel. The unfair charges regulation arising from the OFT High Court hearing, and unfair contract legislation. The Judges believed I may have potential grounds for defence, and allowed adjournment for me to get legal representation. I clearly cannot defend myself.

I issued the Halifax with a Specific Data Request, or request for further information under the Court Procedure Rules on the 19th August 2008. Reply received September 2008.

I issued Halifax with a S.A.R - (Subject Access Request) on the 19th August 2008. They complained in writing and in court about this saying they did not see the relevance and said it was a delay tactic. I robustly refuted this and insisted it contained evidence necessary to compile my defence.

Inadequate reply to S.A.R - (Subject Access Request) received from the Halifax: **th September 2008.

At the last hearing, 2nd September 2008, I asked the Judge for adjournment as Halifax had still not responded to my S.A.R - (Subject Access Request) or Specific data request. That I was still seeking legal representation as I am unable to adequately defend myself.

The Judge said that she could see no reason not to hear the case now. My stress levels were now through the roof. The Judge considered the Halifax counsels arguments and my very inadequately stated verbal defence.

The Judge disagreed with my argument re overcharges and said that the April High Court ruling, OFT case only applied to bank accounts. I replied: The Halifax is a bank, and that a mortgage is merely another product of a bank and was therefore covered by the ruling.

The Judge disagreed. I was not expecting this and cannot remember her reasons other than the above stated.

The Judge considered that I may have grounds for defence on the basis of Estoppel. I was very daunted by this, as I had no one to speak for me, but could not believe my ears when the Judge said something like: “I can see no reason to not strike out the judgement now on the basis of Estoppel“.

Halifax counsel objected, and a vigorous debate between the Judge and Halifax counsel took place for some ten minutes. During which time they referred to some very large legal reference books. Which looked like Bibles and phone directories to me! Huge books, that I had no knowledge of.

All that I understood (and I might be wrong in this!) was that the Judge and Halifax Counsel appeared to disagree. On what, I do not know. By now my mind was in spasm, so I cannot be at all certain what was said next, but the Judge perhaps indicated that this would have to be, or best be resolved at future hearing when I have got legal representation.

Halifax Counsel did not like this and asked for costs. I was incapable of responding adequately. At the previous hearings Halifax had tried and been refused by the Judge who replied to the effect that costs will be decided at the final hearing.

I explained to the Judge and Halifax Counsel, who was taking notes or writing it all in short hand throughout, that: “pretty much all of that, - what was just said, went straight over my head. I do not understand what has just transpired.”

The Judge ordered:

1. Judgement be set aside.

2. The defendant do file and serve a defence by 4pm on the 1st October 2008.

3. Application for charging order absolute be adjourned to the final hearing of the claimants claim.

4. Interim charging order do stand.

5. Costs to be paid by the defendant and assessed at £979.50

I felt that I had come close to winning. - That is not an accurate description. I suspect that more likeley the Judge pressed ahead because, in opinion of the Judge, Estoppel may be basis for defence, and or Halifax wanted the hearing there and then. But that Halifax Counsel fought tooth and claw to resist strike on basis of Estoppel.

In absence of any meaningful, or qualified input from me, the Judge adjourned the hearing. I do not understand the significance of the Judge ordering that the Judgement be set aside. I do however very strongly feel, that had someone who knows what they are about represented me, I very well may have won.

Since the hearing:

I applied and paid for a full transcript of hearing. The tape ends before the end, before the debate between the Judge and Halifax counsel.

On the advice of the transcribers, I wrote to the Judge respectfully requesting any notes or indications, etc.

The reply dated 24th September 2008 reads, and I quote verbatim:

Your letter of 18th September 2008 was referred to District Judge ***** who made the following comments:

Judgment was set aside - to enable Defendant to prepare his defence which he said was based on Estoppel. If he were to put forward a proper defence of Estoppel he may have a real prospect of successfully defending the claim. This is a matter for him. It is his defence. Time limit stands. - Yours faithfully - (end of letter).

Time limit stands I take to mean that I have to file defence by 4pm 1st October.

Halifax have sent me what is in my opinion incomplete material in response to my S.A.R - (Subject Access Request). I suggest that they obviously have a lot more detail than they returned, as they have used such in their P.O.C.. The material they have sent is virtually useless and will have to be replaced.

Due to the way it has been copied it is missing dates and other data. It has a horizontal, grey semitone stripe through every page rendering all data that was previously there unreadable. I believe this to be a deliberate attempt to frustrate my efforts to obtain the evidence to produce my defence. The other critical data I have been sent is of similarly poor quality.

I have now found a solicitors firm who is prepared to review my case and potentially defend me but they are quoting a time frame of some two months to be in produce my defence and be ready for Court.

In the circumstances I think the only thing I can do is submit a defence by 1st October. Then replace it with a refined defence ASAP by means of variation.

Submit with the defence a N244 application for adjournment backed by letter from the Solicitors setting out their time frame.

Or go ahead with the assistance of the CAG, I.e. I will definitely need someone competent in Court to speak for me. Reasonable expenses will be met.

I Can with technical assistance, and review from the CAG, tailor a defence/s to suit. I have given up on the prospect of defence on legal aid being available in time for the Courts satisfaction.

Or give up! - No, that term is not in my vocabulary!. I shall file a basic defence by 1st October. I have a rudimentary draft defence. then substitute it by means of variation.

So near, and yet so far!

Yours sincerely

Zombe

No, This is the problem I have had all along I have no means to finance it. I am Dependant on legal aid or alternative. I did not enquire re no win no fee as 1, I wasn't aware that they cover debt issues. 2, All that I have heard of these firms is bad news.

I have phoned every law firm for miles without success, none of them are interested in debt. Many tell me that is impossible to get legal aid for debt. I have spoken to the Community Legal Service asking if they can advice. They tell me the reason I am having such trouble is that there simply is no money in dealing with debt for the solicitors.

The legal firm who has agreed to review my case, deals with debt issues but from the recovery view point. I would hope that they have some expertise in the area. They are very busy and quote approximately eight weeks from taking my files to submitting a defence.

The Judge has made it very clear that I have to file my defence by 4pm tomorrow, 1st October 2008. I guess I will just have to take my chances and file my own defence. I am having a look round now for the closest thing to my circumstances off this site so I can tailor it. Any suggestions?

Probably, thanks to all your wuff justice!