HUMBLEMAN vs HFC-WEIGHTMANS COURT ACTION

[tamarindo]

if the assignment was in equity then the claimant should have been joined with the creditor as there is no locus standi without

2

 

Hi

 

I have been talking to some lawyers about Notice of assignment and

any right due to assignment and they summarised it to me as follows~:

 

"

In British administrative law, the applicant needs to have a sufficient interest in the matter to which the application relates. This sufficient interest requirement has been construed liberally by the courts. As Lord Diplock put it:

"t would...be a grave lacuna in our system of public law if a pressure group...or even a single public sprited taxpayer, were prevented by outdated technical rules of locus standi from bringing the matter to the attention of the court to vindicate the rule of law and get the unlawful conduct stopped"

 

just thought it may help !!!!

 

Apparently there is a review under way at the moment due to some judgement cases being reviewed by the Ministry of Justice !!!

Edited January 14, 2010 by tamarindo

[the_shadow]

if it comes through minus the "mumblings" and yet BOTH the defendant and his buddy heard them uttered then i would make a formal complaint as to the fact that the transcript has been altered to delete information which is important to your appeal - namely the judges attitude towards you

 

I believe as an officer of the court the barrister also must allow the defendant to look at his/her notes for the trial, its buried somewhere in the CPR I believe... so even if she didnt put it down in the judgment, you should be able to get it from the other side so to speak.

 

S.

[patrickq1]

As I said I was there... humbleman was denied the opportunity to present his case properly.

 

In hindsight, I would have told him not to go into the Witness Box to be cross examined as the Director of Phoenix was not there. On the other hand the cross examination transcript will reveal how the Judge interfered and treated the whole process with contempt.

 

The more I think about it the more I think there has been a miscarriage of justice and that a complaint is deserved.

Nemo iudex in causa sua

 

From Wikipedia, the free encyclopedia

 

(Redirected from Nemo judex in sua causa)

Jump to: navigation, search

Nemo iudex in causa sua (or nemo iudex in sua causa) is a Latin phrase that means, literally, no-one should be a judge in their own cause. It is a principle of natural justice that no person can judge a case in which they have an interest. The rule is very strictly applied to any appearance of a possible bias, even if there is actually none: "Justice must not only be done, but must be seen to be done".

May also be called:

• nemo iudex idoneus in propria causa est
  
• nemo iudex in parte sua
  
• nemo debet esse iudex in propria causa
  
• in propria causa nemo iudex
  

The other principle of natural justice is "Hear the other party" (Audi alteram partem) otherwise put "Reasonable opportunity must be given to each party, to present his side of the case".

The legal effect of a breach of natural justice is normally to stop the proceedings and render any judgment invalid; it should be quashed or appealed, but may be remitted for a valid re-hearing.

[diddydicky]

legal firms in general can act for both parties- as in for instance the sale and purchase of a property- if both parties agree

 

is there some exemption for this happening in the case of assignment of debts?

[diddydicky]

HFC issued the claim and then assigned the debt to PHoenix who were swapped as the claimant.

 

I know full well that the instructions are coming from HFC.

 

In fact at my last cmc I told the Judge that the Director of Phoenix should be called as witness (since he is the one who signed the WS) and his reply was I doubt if it be of any use he since he would not be aware of all the details

 

really! then perhaps the judge (and the MD of pheonix) should have been reminded thus:-

 

"... a person who signs a document, and parts with it so that it may come into other hands, has a responsibility, that of the normal man of prudence, to take care what he signs, which if neglected, prevents him from denying his liability under the document according to its tenor".

[per Lord Wilberforce in*Gallie v Lee*(1971)]

 

'.. a man cannot escape from the consequences, as regards innocent third parties, of signing a document if, being a man of ordinary education and competence, he chooses to sign it without informing himself of its purport and effect..'

[per Scott LJ in*Norwich & Peterborough Building Society v Steed*(1992)]

[pedross]

legal firms in general can act for both parties- as in for instance the sale and purchase of a property- if both parties agree

 

is there some exemption for this happening in the case of assignment of debts?

 

I don't think they can diddy even if different partners deal with it.

[humbleman]

just got the Judgment through.

 

the normal bits as well as the bit about £xx.xx interest daily until paid.

 

Leave to appeal refused , an application for leave direct to Court of Appeal.

[the_shadow]

just got the Judgment through.

 

the normal bits as well as the bit about £xx.xx interest daily until paid.

 

Leave to appeal refused , an application for leave direct to Court of Appeal.

 

Eeek, is this standard stat s69 interest or compounded interest after judgment?

 

S.

[pedross]

just got the Judgment through.

 

the normal bits as well as the bit about £xx.xx interest daily until paid.

 

Leave to appeal refused , an application for leave direct to Court of Appeal.

 

I did not think interest could be added for CCA post judgement debts. I could be confused.

[humbleman]

can you imagimg how the assignment would have taken place.

 

HFC: Mr Phoenix we are suing someone, because he's not paying us, would you like to pay us some monies and take this on.

 

Phoenix: Sure no problems.

 

sensible answer from Phoenix would be, if you as one of the largest financial institution in the world can't get monies from him how the F... can we

[the_shadow]

I did not think interest could be added for CCA post judgement debts. I could be confused.

 

Its not normal and if its compounded interest then as far as I understand it there has to be something in the original terms and conditions... yes those that were never on the application provided!

 

Stat s69 interest. According to County Courts (Interest on Judgment Debts) Order 1991 (No. 1184 (L. 12)) section 2(3):

 

which states:

(3) Interest shall not be payable under this Order where the relevant judgment— (a) is given in proceedings to recover money due under an agreement regulated by the Consumer Credit Act 1974

 

S.

[humbleman]

Phoenix were allowed interest on the original claim as well from the date they said they made me a part 36 offer. Now if you look at that offer it has come from HFC after Phoenix had been assigned the account.

 

Here is the offer. I did tell the Judge that I had not receive the offer from Claimant.

 

PHOENIX OFFER picture by 123GGGG_2008 - Photobucket

[the_shadow]

Phoenix were allowed interest on the original claim as well from the date they said they made me a part 36 offer. Now if you look at that offer it has come from HFC after Phoenix had been assigned the account.

 

Here is the offer. I did tell the Judge that I had not receive the offer from Claimant.

 

PHOENIX OFFER picture by 123GGGG_2008 - Photobucket

 

Crikey, this ruling gets worse the more the details are revealed

 

S.

[humbleman]

Crikey, this ruling gets worse the more the details are revealed

 

S.

 

As the saying goes

 

you ain't seen nothing yet

[diddydicky]

I don't think they can diddy even if different partners deal with it.

 

then some of my mortgages have been illegal since i have been invited to and used the lenders own solicitors to save costs!

[diddydicky]

Crikey, this ruling gets worse the more the details are revealed

 

S.

 

and if you alleging that pheonix have no right of action then you can disclose their without prejudice correspondence since it would not then have any protection

[humbleman]

then some of my mortgages have been illegal since i have been invited to and used the lenders own solicitors to save costs!

 

I think that is a slightly different matter.

[diddydicky]

it may well be i was originally asking the question rather than making a statement since i did not want you to challenge something if it was not pertinent

 

dick

[RobinWayRobinme]

Its not normal and if its compounded interest then as far as I understand it there has to be something in the original terms and conditions... yes those that were never on the application provided!

 

Stat s69 interest. According to County Courts (Interest on Judgment Debts) Order 1991 (No. 1184 (L. 12)) section 2(3):

 

which states:

 

 

S.

Agree with you shadow, and because of CC(interest on judgment Debts) Order which states CCA no interest. If the terms of the agreement specifically state that creditor is entitled to post judgment interest, they can only claim it after judgment debt is paid in full and only then after taking you to court if you don't pay it (ie another action against you)

R

 

See OFT v First National Bank

Edited January 14, 2010 by RobinWayRobinme
case law added

[RobinWayRobinme]

I think that is a slightly different matter.

It is OK for same sols to act for both parties if both parties agree. Believe its in their code of conduct somewhere.

[tedney]

It is OK for same sols to act for both parties if both parties agree. Believe its in their code of conduct somewhere.

Does this mean both parties of the assignment? Surely such an involvement is not beneficial for the alleged debtor, as a solicitor acting for both OC and DCA is not going to admit NOA is incorrect:confused:

[RobinWayRobinme]

Does this mean both parties of the assignment? Surely such an involvement is not beneficial for the alleged debtor, as a solicitor acting for both OC and DCA is not going to admit NOA is incorrect:confused:

You are confusing the actual assignment with the NOA. I don't see how the debtor would be prejudiced if 1 sol acted for assignor and assignee to draft the assignment. Important thing for creditor is proper service of a valid NOA and then the creditor has a right to have sight of the actual assignment (van lynn) to ensure it is lawful.

[diddydicky]

Does this mean both parties of the assignment? Surely such an involvement is not beneficial for the alleged debtor, as a solicitor acting for both OC and DCA is not going to admit NOA is incorrect:confused:

 

well life ain't fair- it's a bitch - like some judges (allegedly) !!

[MandM]

You are confusing the actual assignment with the NOA. I don't see how the debtor would be prejudiced if 1 sol acted for assignor and assignee to draft the assignment. Important thing for creditor is proper service of a valid NOA and then the creditor has a right to have sight of the actual assignment (van lynn) to ensure it is lawful.

 

Can the creditor use this right at any point? If, say, I had an NOA (albeit sent normal post) could I ask to see the actual assignment?

 

M

[tamarindo]

Just reading this

 

"Law of Property Act 1925 (c.20)

 

136. Legal assignments of things in action.

— (1) Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice—

 

so am I right to say that the creditor and DCA have all the same equities?? that should be stated beforehand in the Deed??

As a matter of securitisation was the transaction done in the UK or overseas i.e in IRELAND pending any vat or stamp duty to be paid. As a matter of fact MBNA was done for that!!!

I am quite sure the VAT or tax office man would love to know of any irregularities!!!!;-)

 

is the pre-scribed format of the Notice of Assignement legal and accurate???

and where in the Law of property is defined the pre-scribed format of the Notice of Assignement??

Edited January 14, 2010 by tamarindo