HUMBLEMAN vs HFC-WEIGHTMANS COURT ACTION

[DonkeyB]

Their barrister must be doing cartwheels and wondering just how he won.

 

Maybe he's EDITED BEFORE I GET CAGBOTTED

[foolishgirl]

You have my sincere sympathy HM - what a tragedy of justice!

 

As soon as you pick yourself up, launch that appeal. The DJ was SO wrong but it seems you did all you could today in the face of such obvious bias.

[DonkeyB]

Let's get this right... their barrister actually said to the judge that, if the document humbleman produced on the day had been disclosed before the hearing, he would have told his client they had no chance?

 

Am I missing something?

[Stephan56]

I agree and share the sense of outrage. The whole point is that OCs and DCAs have to comply with certain requirements. I had thought the issue was NOT whether someone had a CC, spent the money etc. The issue was (and should still be) whether the party seeking to enforce has the proper and legally enforceable paperwork.

 

This is NOT a court of EQUITY (in the sense that the judges can disregard the law) - but judges seem to be "following their nose" rather than the law. I thought PRECENDENT was supposed to stop that.

 

Agree we need to mount a fightback. How do we do that?

[humbleman]

Surely there must be ONE good consumer Barrister that specializes in appeal of this sort. I am going in my garage tomorrow and see if I can dig out the original mailer and hit them if I go to appeal.

[pt2537]

Steven Turner,

 

Parklane Plowden Chambers

 

Counsel on Dimond and Lovell (court of appeal and also House of Lords) and also Imageview vs Jack ( court of Appeal)

 

He is very good

[panty54]

ME:Asked her if I can appeal this

 

Judge: 'NOT IN THIS COURT' but you can at the COURT of APPEAL in London within 21 days.

 

Judge: You have 21 days to pay this

 

ME: but I can't pay in this all in one go

 

Judge: Well then you have to see what the other party does to enforce this, they might go for AOE oR CO. but I can't agree any installment plan for you, you have to wait for the other party to go for enforcement and then make an application to the court as to how you can pay.

 

 

This decision and the woman who made it is a disgrace to the profession. To have got so far and then fall at this hurdle must be devastating - for what it's worth thinking of you tonight humbleman. Panty

[broken arrow]

Sorry to hear about your outcome today I know how you feel certain parts mirror my situation.

 

If you are going to appeal through the appeal court your bundle of docs will have to be spot on.

 

You will also need to apply for the transcript of todays hearing ASAP

 

Best of luck

 

 

BA

[seriously fed up]

I am not sure Humbleman if new evidence can be put in an appeal. I think an appeal can only be on a point of law. Did the judge misdirect herself? Did she make a decision that wasnt just unreasonable/ wrong, but so unreasonable/ wrong that no competent judge could have come to that decision. Dont know how much use the mailer would be in these circumstances.

I am sure someone on the site team could suggest a list of sympathetic and knowledgeable barristers for you.

[humbleman]

Although a setback for me, this doesn't put me down in any way except that I can not afford to have a judgment against me.

 

Since I know for sure that I did not enter into a regulated agreement, I am seriously looking at the appeal option. I am 100% sure that I got a mailer with a lot of crap about balance transfer and privileges of getting an Institute of Directors card etc. If anyone can help with the process, I would welcome their help.

[lilly white]

ok we need time to consider our next move.

 

I do not understand this and will wait on humbleman reaction

 

1 do we fight on

 

2 take this on the chin

 

3 may i ask humbleman what position are you in.

[brooooooooooce]

Hi. Sorry to hear about your case. I would happily contribute to a fighting fund if that's what was decided was needed. Am I naive but couldn't any appeal be funded via a CFA or ATE policy?

[broken arrow]

Sorry to hear about your outcome today I know how you feel certain parts mirror my situation.

 

If you are going to appeal through the appeal court your bundle of docs will have to be spot on.

 

You will also need to apply for the transcript of todays hearing ASAP

 

Best of luck

 

 

BA

 

EX107 is the form you need for a transcript

[humbleman]

I am not sure Humbleman if new evidence can be put in an appeal. I think an appeal can only be on a point of law. Did the judge misdirect herself? Did she make a decision that wasnt just unreasonable/ wrong, but so unreasonable/ wrong that no competent judge could have come to that decision. Dont know how much use the mailer would be in these circumstances.

I am sure someone on the site team could suggest a list of sympathetic and knowledgeable barristers for you.

 

She mad a decision based on photocopies of 3 pages that didn't even belong to each other.

[lilly white]

Although a setback for me, this doesn't put me down in any way except that I can not afford to have a judgment against me.

 

Since I know for sure that I did not enter into a regulated agreement, I am seriously looking at the appeal option. I am 100% sure that I got a mailer with a lot of crap about balance transfer and privileges of getting an Institute of Directors card etc. If anyone can help with the process, I would welcome their help.

 

can we get you a Barrister

[lilly white]

ok we need time to consider our next move.

 

I do not understand this and will wait on humbleman reaction

 

1 do we fight on

 

2 take this on the chin

 

3 may i ask humbleman what position are you in.

[seriously fed up]

yes, and the reasonableness/ correctness of that decision could be appealed, but I dont think they will hear evidence that is new and not presented at the first hearing (the evidence you put in during your time on the witness stand might be doubtful as it appears it was deemed to be late).

[seriously fed up]

Quote Humbleman "She mad a decision based on photocopies of 3 pages that didn't even belong to each other."

 

yes, and the reasonableness/ correctness of that decision could be appealed, but I dont think they will hear evidence that is new and not presented at the first hearing (the evidence you put in during your time on the witness stand might be doubtful as it appears it was deemed to be late).

[humbleman]

I will not be seeking for any financial support if I launch an appeal.

 

THAT IS OUT OF THE QUESTION.

 

I am looking at a possibility of getting knowledgeable barrister on board that will do this for a reasonable fee.

[humbleman]

can we get you a Barrister

 

Please please

[justify]

I feel the same way as everyone else - extraordinary process and outcome. Easy to say this, but surely you must appeal.

 

Im so sorry youve been treated so badly by the so called justice system.

 

Also vjohn - youre clearly a special person.

 

J and and

[pt2537]

erm i posted my suggestion for counsel over the page!! and how to contact him, hes one of the best CCA barristers out there

 

hes the best ive used, hes the most knowledgable and hes who i would be on to;)

[humbleman]

erm i posted my suggestion for counsel over the page!! and how to contact him, hes one of the best CCA barristers out there

 

hes the best ive used, hes the most knowledgable and hes who i would be on to;)

 

I will try and locate his details and give him a call.

[lilly white]

Personal Injury Barristers Chambers, Clinical Negligence Barristers , Newcastle, Leeds and Manchester

 

vj are you about

[humbleman]

I am just looking at his profile, do you know if he takes instructions under Direct Access Scheme