Thank you, I really appreciate it

No worries thanks for trying, I was thinking the same myself although there doesn't appear to be any guidance on this issue!

The first trial was in April 2011, it was set aside at the appeal in July 2011. There have been other hearings since and the final trial is in 2 weeks time, so some of it was pre-Oct 2011 and some after

Does anybody know if the change to LiP costs is retrospective?? It was £9.25 when I started but went up to £18 part way through. I don't know whether I should put the rate at £9.25 for everything up to the date and £18 for everything after or if it should all be £18 because that is what it is now??

Absolutely brilliant news! Jolly well done to you and your friend Are you able to share details of what was sought and the settlement offer?? I'd be keen to know which aspect of the claim exactly it was that the creditor feared the most...

I couldn't agree more about keeping things under your hat. I can see you've already had one of the welcome spies on your thread There's much I'd like to share and also ask opinions on but regrettably I can't due to unwelcome eyes The only thing I will say is to take extra care with the breach of fiduciary duty argument, it's not quite as straightforward as it may seem....

Your update has thoroughly made my day Good for you, I'm so glad you decided not to give in!! What stage of the process are you at now? Did you amend your POC? Have you got a trial date yet? Sorry for all the questions, it just makes me so happy to hear they are in this situation It's so interesting that your barrister thinks they are fearful of the repercussions, if they are that worried perhaps they shouldn't have done it in the first place eh?? I'll be at the final trial with them in little over 2 weeks time and we get to talk all about secret commission and who paid what to whom How exciting! Unfortunately for them, the options to avoid court on this issue have been thoroughly and entirely exhausted. There's no way out for them now..... I think the only difference between us is that I went with the Unfair Relationships provisions, it is a fantastic umbrella which covers a multitude of sins - the debtor alleges the relationship is unfair, the creditor then has to PROVE otherwise. My UR claim encompassed all manner of things they did, just because they might get one point doesn't mean all the others don't still count Best of luck to you and I look forward to your updates! Congratulations on learning how to play the game

Thank you I must admit my 'fight' surprises me sometimes! I suppose it comes from a lifetime of difficulty and hardship, faced with repeated adversity there are only 2 options; give up or develop strength. I simply chose not to give up. I am not just in this for myself though, this is for all of us. Just because we are small doesn't mean we have to lie back and accept what gets thrown at us, we stand up for ourselves and stand up for what is right. That has to be worth fighting for When all is said and done, I was right. I told them in the beginning I was right but they didn't want to listen. Well they are listening now! I'm sure the next time there is a car parked on private property they won't be taking it anywhere without a court order

P.S. There never was a costs hearing

I can't see how that could happen now really. I suppose their only option would be to make an offer to settle but I'm fairly certain they are aware of how fruitless that would be at this stage. The fact is that after the appeal I was thoroughly exhausted, mentally and physically drained and pushed to my absolute limits. I made an offer to their solicitor for us to both call it quits and walk away. The appeal was successful, the original judgment was overturned and I proposed that that be the end of it with neither of us owing the other anything. However, instead of accepting my generous offer with grace the man thought he could see an opportunity to push me further in the hope that I would completely crack up. What a gent, I know He went on to say that there would still need to be a costs hearing to establish how much I would have to pay them based on the points they had won and I might lose at the remit!!!! After a little further contemplation, I did struggle to understand how there could be a costs hearing for any points they won on a judgment that was set aside in its entirety... huh??! Anyhow, after what he did, (on behalf of the defendant without consulting them first), I decided not to completely crack up, I turned myself around from the brink of insanity and came back fighting with a big fire in my belly He tried to destroy me because he thought I was weak, for that action alone I will not be forgiving nor generous. Hell Hath No Fury and all that.... Make no mistake, I hold him personally responsible for the existence of this trial. If welcome end up with a CCJ and a ruling of UR it will be all down to that man's actions on that day. They could have walked away from this with minimal damage but he chose, on their behalf, to not take that option. In 2 weeks and 5 days a judge will decide. I can't see how there can justifiably be any other way of ending this.

Yes I told them that last time but then they decided they didn't want to talk to me any more about it I kept getting threatening letters from welcome DCAs. For some reason they weren't very happy when I e-mailed Margaret Young to complain and attached a copy of the High Court judgment. I advised her that welcome and their team have behaved in a manner which was unlawful, dishonest and fraudulent. All of which were proved to be true from either their own admission or the findings of the Court. Even so, they were not amused Obviously Ms. Young had passed the message on.... Thing is though, when I had previously complained to their solicitor about the DCAs they did absolutely nothing about it. Oh well it wasn't like I didn't give them the opportunity to put things right, they always choose not to take those options though.... Even at this very late stage I still had a phone call from another DCA a couple days ago saying that welcome had told them there was no outstanding dispute and to commence collection activity!! I never laughed so much, the poor girl on the phone didn't find it so funny mind

For the benefit of my beloved guests, those quotes were aimed at myself before you start slinging accusations of defamation, (again!) Although, I still maintain that defamation is only defamation if it's false and unjustified..... I don't need to remember what I said last time, it will always be the same forever because it is the truth I believe that everyone should just tell the truth, it just makes life so much easier. Don't you think??

Ok scrap that, I can see it now

Is it just me or is my last post invisible?? I don't think it was offensive, I only posted a couple of famous quotes Anyhow, final trial date is 10th July 2 weeks, 5 days....

"Always tell the Truth. That way, you don’t have to remember what you said." ~ Mark Twain "No man has a good enough memory to make a successful liar." ~ Abraham Lincoln Final trial date 10th July 2012

Gotta love Ghandi “First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

Oh I already tried that one! They insist that as the transaction was electronic and no record now exists, I know full well that a company is required by law to keep records but what can I do? They say no record exists and I can't prove they are lying. They've already admitted that Norwich Union paid them an amount of commission and they kept half for themselves and gave half to the broker. The actual amount is still anybody's guess, but I'm sure somebody will have to tell me sooner or later God only knows which version they will be bringing to trial this time but I did raise it at the CMC and the judge ordered a succinct case summary and schedule of issues to be served before the trial. In any case, once bitten twice shy and all that, if I even catch a sniff of something contrary to what was pleaded previously I will make one Hell of a fuss! There's no way they're going to get away with springing new stuff on me at the trial like they shamefully did last time and I don't care who knows it I'll never forgive them for what they have done and how they have behaved, I will openly admit I suffered greatly with stress and anxiety as a result of all this and they did nothing but try to take advantage of that. Absolutely despicable Well the joke's on them because now I am all better and stronger and more confident than I've ever been in my entire life, bring it on I'm ready!!!!!!

I don't think there will be any doubt about that, I can barely contain myself!

Have we got any news yet? I've had my fingers crossed for you, hope all went well x

Thank you all for your kind words of encouragement, it really does help Been to court again today, I think I'm actually finding some affinity for the place The judge was a very nice and fair lady and, just for a change, the other side decided not to try and talk over me, put me down or spin a lot of nonsense....miracles will never cease It has been decided that the trial window will be set for as soon as possible, hopefully in around 3-6 weeks, and then this whole sorry saga will be over forever. I'm as ready as I'll ever be, I've come so far in the past 2 years and I won't be fooled by the same tricks twice, although I'm starting to get the feeling that perhaps they know this ;-) They will be calling a witness from welcome and I absolutely can't wait to be given the opportunity to ask all the questions I have been longing to ask! I'm really looking forward to getting my teeth right into the last episode of this gruelling duel, one final big effort coming up!! Thanks again for all your support, I couldn't have done it without you all x Not long now and we can all finally have some closure

Wow, there's a lot to think about! Sometimes I genuinely don't know what to do for the best, all I ever wanted was to see was some justice. As much as they deserve a strike out I can't help but feel it would be exactly what they are hoping for; a quick exit with no judgment and no blame and no answers. I think after everything they've put me through I owe it to myself at least to see it through to the end.

Don't panic, this thread looks set to continue for a little while longer yet Does anybody know where my mate dbabylon went?? Looks like all his previous posts have been removed and any further input is not welcome-d.... Hmmm.... bye then, I'll miss our little chats Anyway back to the order of the day; which came in the post from court this morning It is ordered that we attend a CMC on 29th May, time estimate 30 mins. I think the last trial window has gone out the window! I'm so pleased Another CMC, the last one was so much fun I can't wait to go back and do exactly the same thing all over again! Doh...hang on a minute... isn't that called wasting the court's time???! If only welcome could stick to one story, eh? It was already decided at the last CMC way back in September that the issues to form the basis of the rehearing are whether the defendant paid a secret commission and whether the relationship was unfair. But then the defendant submitted a completely different set of issues to the court in February that haven't been agreed by anybody at all and contradict what was decided before! Why am I not surprised?? Looking forward to this one The best thing is that with a little time extension the other side have got plenty of time to respond to my 2nd Part 18 request and I'll have enough time to ensure they do It shouldn't take them too long to reply really, they only have to tell me which of their 2 latest versions of events is the truth and which one is the lie.. I'll be damned if I'm going to fall for that old trick again Their written defence denied all knowledge of any commission but then come the trial day they decide to act as if they hadn't even written that defence! The "new" defence was full of all sorts of different numbers and percentages that they've never mentioned before, never mind they had no evidence or that it contradicted the evidence already present No chance this time...they are going to tell me exactly what they will be relying on at trial and I am going to hold them to that like you wouldn't believe!! The filthy, dirty, underhand lawyer tricks are not going to wash with me any more. Let's hope they have realised that their lies are causing them more trouble than it's worth and they just decide to be honest and tell the truth this time

Hello! I think this weeks antics have been delayed a little, I spoke to court this morning and they have said an order is currently being raised and I should soon receive notification of directions on what the judge has decided to do with it. If you remember the other side failed to co-operate with me when we were to file our case summaries, schedules of issues and LQs and so I filed my own without them. They eventually got round to filing their own stuff, late as usual, and it turned out to be different to what I had put forward. The court will now have decided which proposal to go with or whether to make an order of its own initiative, I've just got to wait a few more days for it to be written up and sent out. Also we had a little hearing a couple of weeks back to hear my application on my Part 18 request, turns out their response was inadequate as their legal team had failed to sign it or verify it with a statement of truth as is outlined in Part 18 subsections 2.1 & 3. The judge had no option then but to make an order against them I don't know what he was more bothered about - the fact that I had said it or the fact that I knew it!

Now therein lies the problem - for them that is! I strongly suspect they have only taken this case so far to try and make an example of me to anybody else wanting to make a commission claim. I bet they're regretting that decision right now, if only they picked on someone less stubborn eh??! Not long now....

I'm so genuinely pleased for you x You did what was right for you and your family and we mustn't forget that that is more important than anything else. Being welcome free is only something I can dream of at the mo! I honestly believe you have helped a lot more people than you think, when welcome offered what they did to you it was clearly because you were on to something that they didn't want made public, in my book that's a win! Just shows that if you make a stand against their dodgy antics you can succeed, you just need to be a bit brave