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  1. There is a legal procedure available to members of the public whereby a Judge can cancel a bailiff’s certificate if he is satisfied that the bailiff is “not a fit and proper person to hold a bailiff certificate”. The procedure is initiated by filing a Form 4 Complaint and details can be found in the “Sticky” section. In considering whether to deprive a bailiff of his livelihood the Judge will need to be satisfied that the bailiff has done something very serious indeed and, as has been made very clear on this forum (and indeed by way of evidence) a “Form 4 Compliant” is referred to a “litigation” and the court may...and indeed in some cases do.....order the complainant to pay costs to the bailiff in cases where the Form 4 complaint was not justified. I have repeatedly stated on this forum that there is a risk of the court ordering costs to be awarded in favour of the bailiff and it is for this reason that such (Form 4) complaints should only ever be made in very serious cases. This morning I received a copy of the Judge’s decision for dismissing a recent Form 4 Complaint. One copy ( of the decision) came to me from a local authority and another from a bailiff company (who were not in any way connected with the complaint). Unfortunately, both copies have the name of the complainant, the name of the bailiff, the vehicle registration number and details of the bailiff company. I am not good with computers and cannot "blank" out such details for this reason in order to preserve confidentiality I have accurately re typed a copy of the Judge’s decision which I will post in a few moments time.
  2. Hi All, Just a quick one asking for your help so I can see the wood for the trees. Am fighting a long standing case where the claimant has not responded to numerous responses for a a full SAR and statement of account as I need it for my defence. A court date was set for last month and I asked the court to push it back becuase I was still waiting for missing information. He denied my request saying he couldn't make the decision without knowing if I had a valid defence. I subsequently wrote back to him detailing my defence and the CCA law that backed me up and listed why the missing information was crucial to my defence. He wrote back making an order for them to supply the missing infrmation by yesterday and for me to submit my statement of truth 7 days after that. I gave it until today to see what turns up and nothing has. Instead I received an email from their solicitors asking me to settle 'Without Prejudice save as to costs' with a lesser payment of what they say I owe. They have sent another email today asking if I was willing to accept their offer or not. The settle amount is still twice the amount I would be happy at paying and want to get a better understanding of what the implications are if I take the advice of the clerk at the court and write to the judge telling him I still can't complete my defence as the claimant has not complied with his order. What is the judge likely to do as they have not complied with his order? Knowing that their case may not be as cut and dried as they first thought, how much/long do I try and get their settlement offer down to what I am happy paying? Cheers, Bel
  3. Dunno if this has been asked before, or even if i'm asking in the right place, but can anyone point me at where the role of a Tribunal Judge is defined? TIA
  4. Hi Guys, Newbie here... Just thought I'd share the news that, I have just won a court case against a big & very well known DCA, and had the CCJ that they obtained against me, removed from my files 4 YEARS after the DCA obtained it!!! The whole story is very long, they obtained a CCJ for £25k against me in my absense (I was out of the country at the time). They had waited just short of 6 years from the original default, before seeking the judgment. I suspect they knew I was working overseas, and had chosen the timing deliberately, knowing I would fail to appear in court. The next thing I knew was, a month later, they went straight back to court for a Charging Order against my house!!! However, this time, I was here, and I drove the 200 miles to the court they were using, to state my case. As it transpired that they had 'owned' the debt - which I didn't deny - for some 5 years, and NEVER attempted to make contact with me, the Judge adjourned the hearing for 2 months, to allow us to thrash out a deal. However, the DCA still refused to even talk to me, and the case went back to court 3 further times, all of which, the DCA failed to turn up at. As a result, the Judge refused enforcement & any future enforcement attempts, but, the CCJ was to remain in place, as the debt did exist. This created a stalemate situation as the DCA refused to negotiate, and they had been refused any enforcement action!!! - ODD!!! This stalemate went on for 4 years, and all along, I thought it was 'odd' that someone who was owed £25k wasn't making any attempt to get it back from me - not even a payment plan/reduced settlement offer. Eventually I decided to see if I could get the CCJ removed, as it had been haunting me for 10 years (6 years in default, then 4 years with a CCJ) and no end insight. I was advised by my solicitor that applying to have the CCJ set aside after so long was a BAD idea, and could actually reset the 6 year clock if it all went wrong, but, I decided to go ahead. Thank God I did!!!!! The DCA turned up at the court of MY choice this time, and.....well....... The first thing the judge asked to see, was the DCA's Assignment of Debt paperwork used in the original case. Guess what.......the debt had NEVER been officially assigned to them!!!!!!! The judge ripped the DCA to shreds in the court room!!! He reduced the £25k I never denied I owed to £1, made me hand over a £1 coin and the DCA had to sign, in front of the judge that the £1 was accepted as PAYMENT IN FULL. The DCA also had to pay ALL court costs which came to just short of £3k (mostly their own fees), and exactly 30 days later....the CCJ vanished from all my credit files! RESULT!!!!! The moral of the story is.......no matter what point you are at with a debt - a new debt or one that has rumbled on for 10 years like mine.. ....CHECK.... whether it has actually been ASSIGNED to the company you are dealing with - apparently, they have to send you a copy, and show it in court!!!!!!
  5. Hi people just thought I would ask what you think of this. on 10/10/2011 I bought a clio 2001 from a guy in auto trader advert said he was a trader car was not sold as seen or anything anyway I went to se car and he took me around block in it seamed ok.I had a car that i was going to scrap but it had mot and tax so he said I wuld take your car off you he wasn't interested in even looking at the car. I paid him cash and give my car in he said ill deliver it anyway next day I went to use car and warning light started to flash people were saying take it back but silly me didn't.Even eight people said so I have lots of witnesses too anyway have tried everything but looks like its the head gasket Looks like this guy knew all a long what he sold me and he even sold mica or tried to for over 500 pounds even though it should have been scrapped. I dont think that there is anything that I can do now but just thought I would ask anyway I know I have done a daft thing Thanks for your time in reading this guys/gals
  6. Hello Please may I ask ref a Case which should have gone to court on Counterclaim only as claimant had not completed AQ and been struck out. At the hearing the Court had made a mistake with the paperwork and dealt with the original struck out claim , the Judge awarded a sum and costs to the claimant. I wrote to the judge to query what had happened and advised him that I had not been prepared to defend the claim due to it being struck out and the hearing I attended I believed to be the Counterclaim hearing I had paid court costs for. The Judge stated that he had not been aware of these facts and stopped enforcement and has reinstated both the claim and the counterclaim. I question reinstating the claim as it had previously been struck off and now because the mistake made with the court paperwork I have already lost the case once and could possibly never expect to go to court with a fair and level playing field. I am led to believe the Judge has now removed himself from this case? Next big Q, can a Judge be called as a witness to statements made in court if he is no longer dealing with the case? Thank you guys..appreciate any of your thoughts...that already feels better just having somewhere to vent!
  7. Hi i have always found opinions and views here very useful as you guys are not only knowledgeable kind also.
  8. My ex owes me about £6500 (not including interest) for the last 5 years but I'm not sure if I should take him to court to get the full amount or just go to the small claims court & get just under £5000. As I've read on the courts website that the strict rules of evidence dont apply to the small claims court. The evidence I have is email correspondence between myself and my ex with me saying "when are you going to get a loan to pay me back?" and him saying "is there any chance you can send me the documents saying how much I owe" etc The other evidence I have is bank statements with him paying me back in instalments (he paid £990 back). He also gave me the refusal letters for the loans he tried to get to pay me back. He didnt have much money but now I have found out he is going travelling so must have at least £3000 to go to the places he is going to. BUT do I have enough evidence to get the full amount back or only enough evidence for the small claims court? Someone I know lent her boyfriend £15000 & had a written contract but her boyfriend said she forged his writing & the judge believed him
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