Do you have the name of the firm?

Has anyone found a firm of Solicitors that will take these cases on a fight? Every time I contact a firm they all appear to be enthusiastic until I send them the file and then they want £25,000 deposit We need a good firm that does Public Funding in cases like these. Any recommendations?

Writing to them now. Many thanks again for everyone's help.

Smarterchick, I am very grateful for all the help I have had from this site. Your assistance is very much appreciated. I was having a go at the legal profession because its one of economics and fast bucks as apposed to helping people and they appear to all stick together. Please accept my apologies if my post came across any different.

No I have not yet contacted the site team, I will do.

No it is a possession application and they applied to strike my defence which the judge gave them. I don't have the money for appeals and in any event don't know how to do them. Now I have been told that because my defence has been struck out I have no say in the hearing for possession, I can only speak if possession is granted and that is to ask for time!!!

Just a thought but has anyone actually found a firm of Solicitors who will actually take these cretins on yet? And an observation based on my personal experience, I wish everyone the very best of luck who are trying to deal with these matters as a litigant in person, as touched on above in this thread “Judges” will and regularly do ignore the law. My defence, which referred to The Bill of Rights Act 1689 the Human Rights Act critical facts in my case and much much more was struck out WITHOUT THE JUDGE READING IT!!!!! So please please please don’t think you are going into court to have your case looked at by a fair judge, they are part of the system that is designed to shaft us all. The “Judge” actually declared more than 5 times that he had not had chance to read my defence but chose to strike it out. Now when I try to get a “solicitor” or barrister to look at my case (even a barrister who was recommended to my by someone on this thread!) they are not interested. Consider and think about this philosophy “when someone has got you by the ball your in a perfect position to pee on them”. If anyone does know of a firm of Solicitors who have a back bone then please post their details on here. One final example you should all consider very carefully, the law has been set by parliament for benefits, the amounts that benefits agencies all over the country (over 460) are set out very clearly and they are “supposed” to abide by the LAW. However, I have discovered recently that every single one of them use a guide book, this guide book has different figures to the LAW passed by parliament. The net result is that hundreds of thousands of people are not getting the correct benefit. However, upon pointing this out to a tribunal Judge recently the Judge and representative from the benefits agency were more concerned about having to reprint the guide books that the £billions they have been shafting the very people who need it most. And of course found in favour of them!!!

Sorry for the delay replying on here, been busy. To answer your question Andrew, it does not matter, even if the account has been closed you can request that the account be fully reinstated as a friend of mine did only last week, he then put his claim in and has received over £5,500.

It’s nothing to do with the bank what your “dispute” is, this is one situation where for a change the bank HAS to do as it’s told. In my experience I called the bank, asked to be out through to the DD indemnity team, told them I wanted to claw back all payments made to XXX bank, they ask why, I told them I am disputing some of their bills so I wanted to claw all payments back and I will take the matter up with them direct. That’s it. This was not my mortgage this was other payments and was last year. To date no application has been filed for bankruptcy! Think about it, if you claw back your payments, “spend the money” on a holiday and drowning your sorrow as a result of the possession of your house, and you have “nothing left” then what the hell can they do to you? Kick you out of your home? Already done that! Bankrupt you? What’s the point you have nothing! The response to this information has been interesting, it shows how they have bullied us into being frightened to death of hitting them back. That goes for banks and the government, if you question what they are doing you are labelled as a trouble maker! So you are indoctrinated into not asking questions, being subservient. I have a case on at the moment with my local council which I will post on this site soon. I can’t go into too much details at the moment but here is a brief synopsis: I discovered that I was entitled to a particular benefit so I applied, I was granted the benefit but not the full benefit, I enquired why and I was told that it was “Government Legislation” in other words the law. No being one who accepts such rubbish I investigated the specific legislation and surprise surprise they were lying, according to the legislation passed by parliament I am actually entitled to almost 10 times what I have been given. It transpires that this is going on all over the country EVERY COUNCIL does this!!! They are shafting the very people who need help most. I requested a tribunal, the “judge” played dumb and actually pretended that she didn’t understand this particular section of the law!!! And found in favour of………….. guess who……….. the council. The evidence is unequivocal, its in plain English and still they continue to shaft everyone on benefit. I understand why they did it, the ramifications are enormous this has been going on since 1992, if you are impressed with the amount claimed back from banks it’s miniscule compared to this. Can’t wait for the appeal.

I agree, get your request in and get control back where it belongs.

I was told many years ago “laws were made by men with money to protect the men with money and justice is not for the likes of thee or me”, how true is that. It’s just one scandal after another, and what they hate, and I mean hate is that thanks to websites like this people like us are finding them out, we are reading the very laws that they purport to be working to and we understand it, we read it literally, but if you read all the case laws you will see a common theme “the judges interpretation of the law” or the one I like “spirit of the law”. The words are, in most cases, quite simple, and if we can’t understand a particular word or sentence we can look it up, they hate it. So the best thing to do is shut us up. But what they fear most of all is loosing their “precious” (quote from Lord of the rings) I picture them huddled over a pile of money rubbing their fingerless gloved hands together chanting “my precious, my lovely precious”. Then take it away from them, claw your DD’s back, you have genuine reason for doing so “your in a dispute with them” and what's the worst they can do to you? Take your house off you!!! Well they are going to do this anyway, the difference being you will have some cash to fight them, or just walk away with the cash, either way you will deprive them of their “precious”.

Hi all I’ve been reading through these threads trying to find information that will help me stop a possession claim of our house. What, in my experience, is the very true position is this, they will change the rules to protect the money and land owners in this country. We as mere tax payers don’t have the same access to “justice” as someone with lots of cash. What they do first is strike out your defence, in my case the judge admitted that he had not even read my defence!!! But he could not see any chance of success!!! Well you wont if you don’t read it. When you have had your defence struck out ***YOU NO LONGER HAVE A SAY*** yes this is true, when we get to the possession hearing I have been told by the “judge” that I will not be able to participate. End of. You need to know what rules work in your favour and how to get them back, and in my opinion when someone has got you by the balls your in a perfect position to pee on them!!! Most people pay their bills by Direct Debit this includes their mortgage, the Direct Debit Guarantee scheme states clearly that if you dispute and have queries about any bills paid by DD you have a right to claw back EVERY SINGLE PAYMENT EVER MADE!!! There is no time limit nor amount limit. In my opinion if the bank or building society use its powers to get your house off you then you have a right to get you cash back. Phone your bank which you used to pay your mortgage or loan and ask to be put through to the Direct Debit Indemnity Team, tell them that you have a dispute with XXX bank and you wish to claim back all payments made to them, the CASH will be in your account within 2 days. Go to your bank and draw the cash out and put it away somewhere safe. You are not breaking the law and I have known people who have clawed back in excess of £300,000, don’t let any bank tell you that they can only go back 6 months (Lloyds being one) its crap, there’s no time limit nor amount limit. This applies to any bill paid by DD, loans, mortgage, phones etc. If they want our houses we want our money back.

Has this thread died now? I am defending an application by Lloyds for possession of my house. I signed a personal guarantee for a limited company’s funding. Part of the funding was supposed to be on the personal account which the bank wanted a mortgage deed signing, this I understood was for personal borrowing, in fact it says so on the deed. I filed a defence but they applied to strike it out on the basis that it didn’t contain enough information about my points, I asked the Judge to make an order to expand on my defence and the Judge did as he was told and struck out my defence! Now we have been listed for trial for possession. Having read this thread only recently I am considering filing an application to strike out the claim for possession based on the Carmel Butler argument. 1. Does anyone know where I can contact Carmel directly. 2. Have we had the Barristers opinion yet that was promised ages ago? 3. Does anyone have any ideas? I am looking forward to your assistance.

This is the link to the full text, just started reading it and have to thank LOTM for the find, you may have started the revolution!!! House of Commons - Treasury - Written Evidence

Toxic Debt Does anyone know how the “Toxic Debt” that banks, in particular Lloyds TSB, is calculated? One would have thought (silly me) that similar to when we all apply for our loans, in order to claim the Government bailout, they will have had to produce an account. If this is so, and it bloody well should be, where can we see the list. Furthermore if these debts have been covered by the Government aren’t the debts now paid? Or am I being stupid?

Just a quick update for those who have subscribed to this thread. I put in a defence to the claim and Lloyds solicitors applied to have my defence struck out! I out is a defence to this application on the basis that it breached my Human Rights Article 6 and it will come as no surprise this defence was also struck out! At the hearing the judge stated several times “I must confess to having not yet read the statements” so let me make this clear, he did not read the statements but decided to strike them out anyway! So we have applied for my wife to join the defence and she has a very good defence under the Royal Bank of Scotland v Etridge case. The house is now negative equity and has been valued by 3 estate agents in the past 2 weeks and we have an average of £15,000 negative. However, Lloyds still want to progress with the application or rather their solicitors do, well he would he is getting paid regardless of the outcome. Does anyone know of any rules / law that would stop them in this situation? It can’t possibly be right that they can just kick us out of our house when there will be no financial gain to them. Thanks for your help.

Silver, you really should go see a solicitor!!! Seriously, you have come on this site asking for legal advice??? I take it what ever you are charging your clients for the advice you get from this site you will pass on the full amount as a donation to help keep the site going? Sorry of I come across angry at the legal “profession” but like many people who come on her for advice I have been stuffed by the blood sucking solicitors over the past couple of years and your request is clear evidence that a lot of them don’t have a clue what they are doing. Should have gone to class when you were doing your law degree silver.

When should the building society have passed on the interest rate reduction? I have a base rate tracker mortgage which I should benefit from as a result of the Bank of England reduction on the 6th November. The lenders are telling me that it will apply from the 1st December and not from the 6th November. This means a £600 per month saving for me and is clearly important. Does anyone know if they can wait until the next month or can I threaten a claim in the County Court for the adjustment to be made effective from the 6th? Many thanks for any advice.

Another thought, or am I clutching at straws! Does the Bill of Rights Act 1689 apply in this case? where it says That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void; The Cambridge Dictionary says that a forfeiture is "the loss of rights, property or money, especially as a result of breaking a legal agreement: e.g He was deep in debt and faced with forfeiture of his property" I have used this for parking tickets on more than 20 occasions with success every time, does it apply in this case?

Just looking through the agreements again and found this: 3.4 Unless I / we agree otherwise with the bank, this Mortgage shall not secure any liabilities regulated by Part V of the Consumer Credit Act 1974. I have just had a look at Part V Consumer Credit Act 1974 and unless I mistaken it looks like I am protected. Does anyone else think so?

They have filed an application for possession of the house only, they have only named me as the defendant and they have not yet filed an application for judgement of the debt, they have filed an application for judgment of the debt from my business partner and now an application for possession of his house. Gizmo referred me to the fool forum and someone has raised this as a potential stopper. I am trying to find out if they can make an application for possession when they don’t have a judgment to back it up. However, I don’t know if this is relevant but the security is a “Mortgage of freehold or leasehold property to secure own liabilities”. Does anyone know if this security can be used to secure our Limited companies liabilities?

I am trying to reply but can't post from Word, will try again from notepad

She could borrow the money from her parents. Lloyds are at the application stage, I have to file a defence by Thursday.

No there is no redemption charge. IP's said "get a Solicitor". Round we go.

Yes we have been told this but they don't seam to care about little points like that. I don't understand your second point, the bank don't have a first charge the building sociaty do.