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Durkin

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Durkin last won the day on May 11 2014

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  1. Thanks for your help DX. Defence filed. Arrow have until December to find documents. Unlikely that we'll get any redress before then, so it seems they could still cause huge damage if they manage. A stay of execution for now though... Cheers, Richard.
  2. Hi DX, I mentioned the default in the reponing note, thinking that if I've already served a 6 year sentence, I may get a sympathy vote. MBNA didn't advise me that they've assigned the debt to Arrow but I understand that they didn't have to (Seems a tad extreme as any Tom.Dick or Harry could then ask for payment...) Cheers, Richard.
  3. Thanks DX, I've already admitted that a default notice was served in 2010 by MBNA, so it seems I might be left hoping that they're unable to produce the original CCA. I've never acknowledged Arrrow as the creditor and continue to pay MBNA. Is that in my favour? Cheers, Richard.
  4. Hi DX, Do these pleas look OK? Submitting tomorrow. Cheers, Richard. Defence pleas.pdf
  5. Hi DX, I understand that there can't be a second default issued on the same debt, so they'll not be able to produce it. Is that enough to prevent a decree against me? I've no idea if they have a copy of a signed agreement wih MBNA but i'm certain no agreement exists between myself and Arrow. Is a notice of assignment from Arrow (as opposed to MBNA) good enough for the court to award a decree against me? (I'm one of the Northern Rock prisoners that have been forced to deal with Landmark - In that case it was Northern Rock that advised me of this) Cheers, Richard.
  6. Hi Folks, The Sheriff allowed me to file a defence today based on Arrow not being honest about a default notice (#3 on the reponing note attached) Arrow accepted that they should have served notice in person but tried to insist instead that I had no defence. Worryingly, the sheriff suggested that Arrow advising me that they now owned the debt (rather than a note of assignment from MBNA themselves) was good enough for the court to apply for a CCJ against me. Please advise the pleas of law that I should use in my defence to keep the CCJ set aside. Arrows pleas in law (attached) seem to serve no purpose but to trash my creditworthiness for 6 more years just because they can! Cheers, Richard CCJ Reponing Note.docx
  7. Hi Folks, Arrow Global have bought a debt from MBNA. I've refused to deal with them and have continued paying MBNA token payments while I try and find a way forward after the injustice that has prevented me reimbursing MBNA in full. During the past 3 months, while I've been away, a Decree has been issued without me having had a chance to defend it. Apparently, I can try and repone it. Looking through the condescendence (attached) today though, I've noticed a few huge discrepancies: I've been paying MBNA regulary every month, Arrow have claimed that the last payment was in March rather than a month before the Writ. Potentially more significantly, they're claiming that a default notice was issued in 2019. (One was issued in 2010 and expired in 2017). Having already served 7 years for a default on a debt caused by banksters, it seems a shame to have to sweat a further 6 years as we continue to struggle to buy a family home while being denied reparation. Any words of advice for the reponing note? Should I even recognise Arrow; I'm not keen to deal with them, as I hadn't signed up for it. My wife certainly wants nothing to do with them. Cheers, Richard. Arrow Global CCJ.pdf
  8. This should be an easy £10K in the small claims court but either way I hope you managed to buy a house. Cheers, Richard
  9. The evidence is attached here too. This was before the judges. Largely ignored. Cheers, Richard. Note of Argument 23 June 2016 no add.doc
  10. Hi Andy, As requested. My comments included the proof of the judicial dishonesty though. Or was it something else? Cheers, Richard. mal1511.pdf
  11. Hi Folks, They decided to slam on the brakes with more lies. The dishonest judiciary in Scotland continues to refuse to protect the innocent party from injustice. Human rights violations and continuing intentional harm completely poo-pooed. How can completely different actions that happened after an earlier ruling possibly have been decided in the earlier ruling? Could I have gone about the human rights violations differently? Do I really need to trot off to Europe to highlight the dishonesty Parliament remains keen to protect the malfeasance and it seems that attitude needs to change before any of us will achieve justice and appropriate redress. Cheers, Richard. Final_judgement_Dec_22 with comments.doc
  12. Hi Folks, Can interest incurred on legal expenses be claimed against a perpetrator? For example, if a high interest credit card is used to pay for representation against a bank that have deliberately refused redress for more than a decade, the interest alone has more than tripled the cost of litigation. Can the victim claim any expenses? For example, having to hire a private detective to trace the key witness to the crime? I'm stuck with Scottish Law at the moment but I'd be interested to hear if it's possible in England. Of course, there ought to be provisions for this and it has been talked about. I'm just wondering if it's a reality yet? Cheers, Richard.
  13. Hi Folks, I decided to appeal the Aberdeen sheriffs incoherence! https://www.eveningexpress.co.uk/fp/news/local/man-back-in-court-over-laptop-costs-from-1998/ The sheriff ruled that my fresh case was "res judicata" (already decided), despite ruling that the fraud aspect wasn't. The sheriff principal backed him up but also mentioned a few aspects of the case that weren't res judicata. Neither interested in seeing justice done on their watch! The judge in the Inner House did have the good grace to acknowledge that the earlier Inner House ruling was dubious but whether he'll grease the wheels of justice or slam on the brakes will be determined this summer. Cheers, Richard.
  14. Hi Folks, The Sheriff Principal in Aberdeen refused to allow me a hearing today not because of Res Judicata or Limitation but because of "Incoherent pleadings" and averments "lacking in specification". Worryingly, he was unclear as to which of the new principles I was introducing included malice. He hadn't bothered to ask but it should be clear that malice persists in everything that the bank has exposed us too. The sheriff seemed a tad peeved that I "accused" the higher judiiciary of dishonesty despite him having the evidence in front of him of excactly that! It seems I'll need to start again with "coherent" pleadings and "specific averments". I've attached a new claim. Please help with pleadings and suggest what might be inspecific in the averments. Perhaps it's time to have a go in the Royal Courts of Justice? Cheers, Richard Initial Writ 25 Feb 2016 no add.doc
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