anybody ?? please

bump can anybdy shed anymore light on the subject at all ?

BUMP Anybod shed any more light on this ? what about the part of being able to serve me ? is that simply saying that they can serve me a petition but theres no real point as you cant take someone to court for bankruptcy when in dispute so it wont prejudice me in any way ?

I know its bank holiday and probably the legal eagles are taking a well earned break so hopefully i will get some advice tomorrow when people are back at work

People ask me why I have just enrolled as a 1st year Law Student on Open university....i reply "if you lived my life you would know why ?" So credit card debt for my WIFE not me, I lost some 18 months ago which was bizzarre as I had won 2 previous court appearances different creditors with the credit agreement arguement but this one they used the case arguement and won. I asked the judge how that can be and he said he had viewed it differently. So they got an order, i refused to pay it, they then tried all sorts and the order has changed ownership a few times as MCE have changed names etc and moved it about, the original debt i think was barclays or lloyds. Anyway I have not entered into any correspondence with them at all (wrong I know) so eventually they got a charging order on the house and to be honest this was done underhand as we were not advised and all of a sudden the charging order appeared. To be honest it wasnt the end of the world. i do find the law FATALLY FLAWED that you can take an unsecured loan with a credit card company that when sold the DCA can make it SECURED by way of a charging order on your property. SURELY THIS MUST BE WRONG and against Human Rights (It seems to work for everything else lol) I think the original debt was for 2500 which they now estimate at £5500 with interest I havent told them yet that they can not charge interest on the debt and it is protected by CCA so the final order amount is the only amount that they can pursue. Anyway they recently applied for a Restriction against the land with the land registry. I opposed the registration with the land registry who did not agree and granted the restriction, again something that is flawed in a big way. I think there is a junior at the office who has 5 rules on the wall and if you dont mention these criteria its a no. I actually quoted laws and recommendations etc and the fact its a joint property and I opposed it on my shaare of the property etc etc so thats another cast to pursue !!!! Now they have sent a valuer around for an external valuation and will apply for an order of sale. I will now apply or go to court with the following arguements :- It is a jointly owned property There is no equity There are 3 other charges on the property in front of them plus the mortgage so they wont get a penny It is a family home 5 children youngest 3 yrs old so they will need to wait 13 years at least and my opinion is that if you choose to take an option on my house you can wait for your money !!! So can somebody let me know if I am correct....Please Oh this is all on top of another 2 court cases (water and a parking fine as well) aaaarrrrrrggggggggg

Following on from my other post, I didnt want to confuse myself as I have 2 court cases with the same landlord but both connected. Basically after the hearing that the Applicant turned up at when he lost he came up to me in the foyer of the court and called me over and asked if I wanted him to make all this go away. I basically squared up to him (He doesnt intimidate me physically I am a 18st bodybuilder but mentally he has totally ruined my life to be honest) and told him that this was purely personal and that it had nothing to do with money and he was just doing it to win and he sneared and said yes but you will have to put your hand in your pocket at some point Sonny. I walked away. He then turned up at my house a week or so later on a monday afternoon, now he either has been stalking me and knew i was in (what man would be at home on a monday afternoon if they work, as he doesnt know i dont work as far as I know ) or he wanted to intimidate my wife which he has done in the past leaving her in tears and an emotional wreck. I answered the door and he asked if I wanted to sort this out, i said sort what out martin i dont owe you any money apart from the £1500 which is under dispute. He then rattled of about the lease etc which I explained that he was dillusional as that had been sorted in the Appeal Court, he then threatened my house again and I shut the door. Even my 3 yr odl said daddy who is that nasty man. So I called the police and they came round and interviewd me saying that unless he does it 3 times its not harrasment .....What a joke. i asked about the intimidation over the last 6 years and they said unfortuately it didnt concern them So I applied for an injunction which too was a joke as they kept sending the forms back saying they needed further info, letters from my doctor, proof of benefits etc etc none of which is stated on any forms from them. So i think 3 weeks later I finally get a letter back (luckily i hadnt committed suicide or something in that time - just highlighting the potential danger not reality) the letter states The district judge would like to advise this is not something that can be dealt with on paper and both parties would need to attend court for a directions hearing...... I dont want to see the man. I dont want to go to court AGAIN, I want nothing to do with him how can this be right ???? Please advise cos this one has really got me angry it doesnt seem right. Woudl you be asked to sit in the court with someone who you are accusing with rape ? NO ..... thank you

Ok Brief symopsis :- Ex Business Landlord started Bankruptcy Proceedings in 2010. Court 9 Times. I won every time including in Appeal Court (Not bad for litigant in person). Downside was that for some really strange reason the Appeals Judge awarded the LOSING Party £1000 due to the fact that they should not have been granted the hearing in the first place so they were awarded £1000 for costs and I was awarded nothing. Now bear in mind the reason I have won all this was that the landlord changed the locks on my business unit one day without notice or anything after 5 years. It was deemed that he acted illegally and had also forfieted the lease in doing so and on teh amount of money that he was pursuing me for which was £9000 I proved that I had paid it. Judge did state that I now had a case for at least £5000 against the other party (I am applying for transcript). whilst I dissagreed with the costs I wasnt experienced enough to deal with it. I did know that as I now had this metaphoric £5000 in my artillery that he was unlikely to pursue the £1000. Wrong...Stat demand served on me. I applied for it to be set aside. I lost at the hearing due to a technicality that I didnt know (again inexperience). The judge stated that he was allowed to set aside a stat demand backed by a court order, however NOT if from the Appeal Court. Therefore the applicant was able to proceed for a BO. I left the court and paid £252.00 into the account of the Applicant taking it below the threshold for bankruptcy. Trouble was they were awarded £800.00 costs at that hearing REALLY £800....i argued with the judge that I filled in an online stat demand and it took 5 mins. Failed.... Here are my 2 issues....Firstly Morally.......I am a dad with 5 kids (3-12) a wife and a mortgage who has lost his business, had a breakdown and now on tablets, and on disability allowance and my wife is my carer and I WON !!! I WON in the HIGH COURT OF APPEAL where i thought it was the end to years of court cases and mental torture and the constant bankruptcy threats. Secondly I WON....In the High Court of Appeal and yet STILL he is pursuing me and desperate to make me bankrupt. The reason for this is when I signed the lease 5 years ago he said to me if ever I cross him he wil take my house.....This is the sole reason for all this as the man is a multi millionaire and owns 2 or 3 industrial estates. Sorry thirdly I have read that an Application to set aside a stat demand will only be granted if there is a reasonable chance of success. If that is the case which I am sure it is, I went into that hearing with my hands tied behind my back and blindfolded as I could NOT win it due to the technical ruling about appeal courts. So I attended the next hearing for the stat demand for £800 feeling very confident as in my previous hearing the judge had explained that if not from the court of appeal he had the power to set aside, and also the tests for setting aside a stat demand like counter claim which I had potential form the court of appeal, and my biggest point of call was that I had outlined a counter claim for £13,000 that would extinguish the debt. The court had failed here badly as the OTHER party were not present as they court had not notified them, the hearing was not recorded and I was not asked by the judge if this was ok, she had NO case history at all apart from my simply application to set aside, she had not received paperwork hand delivered the previous day, and she started talking to me about a different case before she realised and corrected herself. She immediately simply stated that as this was back by a court order she could not do anything about it, with a risk of offending her I pointed her to the books on her desk and explained that the previous judge has told me different and that she did have the power. She basically got cross with me and said no. and that was it. I stated to her that she had not even taken into consideration a counter claim that would etinguish or that she had even read any case history. she just said No. and that was that. It was like her mind was totally somewhere else. So apart from being fuming I decided to appeal. The applicant knowing that I would simply pay off £55 from the debt, amalgamated the 2 debts now totalling £1500 and issued another stat demand. I did not apply to set it aside this time as I knew I would appeal and in appealing it put the debt into dispute therefore they could not pursue and a BO would not be granted. The court date arrived and I attended, this time the applicant HIMSELF turned up for some bizzarre reason. Even his own counsel asked me if I knew what he was doing there. It was an intimidation excersise. Bearing in mind to date i think he has spent £12k in fees against me but he is probably insured so it doesnt even come out of his own pocket. The judge simply stated that she had no idea what they were doing there as I had appealed and it had been granted so there was nothing she could do. The applicants counsel did ask that a hearing straight after the appeal hearing is set for the SD to be heard. This was granted but then it was transferred to the appeal court so it was not possible. I have now received numerous letters from the appeal court stating that it is going to the appeals judge and to do nothing apart from wait. I have appealled on the grounds that the judge was inadequately equipped for the hearing, did not follow protocol and that in my opinion she was technically incorrect and if she wasnt then the previous judge was. It is almost a win win stiuation to a degree because if the first judge is correct then she is incorrect or if she is correct then the previous judge is incorrect so SOMEBODY if WRONG. The latest letter from the appeals court baffled me. It is from tjudge and forms an order to the following :- Without Notice Stay of execution. It is orderd that 1. the application be refused. 2. The appelant has not put forward sufficient basis for departing from the normal rule (white book 52.7.1) that an order shoudl not be stayed pending appeal. It is not apparent the the mere presentation ofa bankruptcy petition is likely to prejudice the appellant and the existance of a pending appeal were a bankruptcy petition to come before the court then the present appeal had not yet been determined. Further it can be inmportant in the context of, for example section 284 of Insolvency act 86 that an alleged creditor should be permitted to present a bankruptcy petition to be disposed of before the pending appeal. 3. the order has been made under cpr23.9 as the court has disposed of an application without a hearing any party may apply to have this order set aside or varied within 7 days of service. It was dated 28th but I received it on the 30th so taking into account bank holidays and weekends i read that 7 days is up Tuesday 12th ??? So what does that mean ????? I have read it over and over and over and read the rulings etc but to be honest it doesnt make sense as i thought the rule full stop was that if the debt is in dispute bankruptcy proceedings can not proceed ??? Isnt it that simple ???? Can somebody PLEASE PLEASE PLEASE PLEASE help. Thanks a lot Warren

Thanks Honey B but i am simply asking what the books are that are for insolvency/bankruptcy that judges use in court on their bench ?

bumpety bump Can anyone answer my question above Pleeeeeeeeaaaaaaaaassssseeeeeee

Ok following on from above I think...I am going to go the ILEX route but still not 100% sure. Can anyone answer a quickie for me, I want the same book on insolvency law/act that the judge has on his/her bench in the court room. what one is it please as i am guessing that all courts have the same one ???? If it helps the one i am referring to is brown (i think im colour blind so could be green lol) and they are always standing up on the bench and normally there are 3 or 4 but i am guessing only one of the is insolvency Basically my appeal has been granted for a hearing and its now going to the high court in london so i need to get my bundle together bearing in mind it is the judge and her capabilities/knowledge and proffesionalism to follow standards and basically the law thanks a lot Big Wazza

So what would be everyones advice for me if you were me ?

So technically u can represent someone in court up to county / magistrates level but anything higher you could simply instruct a lawyer to act for you ? So how do you present costs to court if you are not qualified or ....that would be a situation where your client is paying for your services with a view of not recovering them in court. Or could you still present costs for the client on the basis that he has had to pay £xxxx for legal advice and representation as a lump sum as opposed to the normal legal breakdowns etc that are shown per hr, per second, pre piece of paper, per toilet trip lol. I have recently recovered some costs as litigant in person but obvioulsy that wouldnt exist if you are representing someone. And as a McKenzie friend you are not entitled to be paid for your services else you are not deemed as a mckenzie friend.

cc

Thank you so much everyone. Thats brilliant. Yes I know that is a lot of court cases. All pretty much against me too apart from the large life assurance company and the DWP lol. HOWEVER I have an appeal hearing next month lol where I have called the judge out and said that she was not technically knowledgable to have made the judgement as I had to explain the law to her as she was wrong and I even had to point her in the direction of the correct book on her bench that would show her....put her nose out of joint so she went against me. So......another question. I am not one to follow rules so to speak and I can be quite rebellious on occasion and to be honest I think if I made it as a lawyer/solicitor etc etc i would turn the legal world into turmoil so Am I right in thinking that you do not actually have to be "qualified" to represent someone in court ? or....maybe you do but could always attend as a Mckenzie friend ? I do NEED to do home study as I am basically signed off work indefinately and at the moment, I,...how can I say this subtley .....oh I cant lol I suffered a breakdown in August through to October so I am recovering currently after losing my business of 7 years that I set up in memory of my triplet son KAI who we lost as 11 months old. Oh I have a wife and 5 children too, 5 young beautiful girls (13, 7, 7, 6, 2) lol. So back to the point I need to study at home and have plenty of time to do so but for example at my time in life (42) if i do the degree then 2 years placement my guess is the money at that point on placement probably isnt going to be wonderful so I am then looking at the age of 47/48 before I could possibly earn a decent salary. So u can see my dilemma. But that wont stop me because I am determined that I will be representing people in court in a few years and winning too lol. And then eventually Im going to set up a practice called UnderDogs lol. thanks for listenening

Hi Thanks for that. I am looking at home study / distance learning and not attending Uni as that is not possible for me right now and probably for some time. Its more about where i start...I may even go the legal exec route but I NEED HELP !!!!!