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Everything posted by Durkin

  1. Finally had a chance to read all this. A CCJ stopping you getting a home is similar to my experience. Not great. Do you still have any other CCJs or defaults? It only takes one to stop you. Hope you get settled soon. Rico.
  2. 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.
  3. 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.
  4. 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.
  5. Hi DX, Do these pleas look OK? Submitting tomorrow. Cheers, Richard. Defence pleas.pdf
  6. 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)
  7. 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.
  8. 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 ha
  9. This should be an easy £10K in the small claims court but either way I hope you managed to buy a house. Cheers, Richard
  10. The evidence is attached here too. This was before the judges. Largely ignored. Cheers, Richard. Note of Argument 23 June 2016 no add.doc
  11. Hi Andy, As requested. My comments included the proof of the judicial dishonesty though. Or was it something else? Cheers, Richard. mal1511.pdf
  12. 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 at
  13. 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 f
  14. 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 whet
  15. 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 se
  16. Thanks. It's just a written form of what I'll have to listen to at the hearing tomorrow. Hopefully the sheriff won't use too much of it in their ruling. I'm still working on my response to this drivel. Best to get things written down. I'm keen not to delay things any longer. That's the bank's tactic. Richard.
  17. Hi Folks, Here's the latest waffle from HSBC while they continue to deny us redress. Just in time for tomorrow's appeal. Unbelievable what they get away with. Let's hope the Sheriff Principal is bothered about justice. It's not so much of a lottery at this stage. They are (we survive) or they aren't (we're destroyed). Cheers, Richard. Bank submissions 8 Feb 2016.pdf
  18. Thanks SP, I can see the legal costs mounting while the injustice persists. I'm doing all that I can in the hope that it'll not be necessary to take the law into my own hands. It is a fresh litigation. Entirely different from the prior litigation. Something the sheriff seems keen to overlook in favour of the (edit) bankers. Cheers, Richard
  19. Hi Folks, The local sheriff is seeking to deny justice by incorrectly applying res judicata. He's allowed a motion to prevent new facts and evidence being heard. His interlocutor and my intended appeal attached for those interested. I'm getting very peeved at the injustice and judicial corruption that I am encountering. Any tips on how I might modify the appeal? Cheers, Richard.
  20. Thanks CB, I think it's best to leave things as they are, all in one thread. It will be interesting if I manage to find justice after being originally rebuffed by the "supreme" Court. Cheers, Richard.
  21. Hi Folks, I've edited (in red) my pleadings attached here. 11 Human Rights issues included should they become necessary. First to dodge res judicata and prescription. Neither should be used to defeat justice and defend incorrect decisions but lets see what the sheriff says on Thursday. Cheers, Richard. How do I get this post linked to a tweet (as opposed to the whole thread)?
  22. The evidence from the prior litigation shows that it was intentional. It's time to put an end to this ruinous oppression being bestowed upon us by criminal bankers. Lets hope Scottish Law won't alllow res judicata and time restraints to block justice in favour of these criminals and absurd rulings. Richard.
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