VG - Vs Northen Rock - Charging Order

[Von Greenbach]

VG, do you have a psychiatrist at the moment, if so, ask him/her to provide a letter for you.

I did have, but was transfered to a NHS psychologist and received 5 years intensive psychotherapy threatment, which was confirmed within the letter supplied by my GP to the court.

[babybear39]

Is it posible to get someone else as well as your GP to supply an official letter or to help you with this matter VG?

 

As previously mentioned your MP would be the ideal person.

[Von Greenbach]

Is it posible to get someone else as well as your GP to supply an official letter or to help you with this matter VG?

I'll contact my ex psychologist tomorrow.

 

As previously mentioned your MP would be the ideal person.

I've tried my MP re an issue I had about Moorcroft harassing me, i got the feeling he was not really intrested (You've had the money impression)

 

I went back when a CO was being applied for, and agian his attitude didn't really change, like I mentioned above, he didn't even know what a CO was.

[babybear39]

I'll contact my ex psychologist tomorrow.

 

 

I've tried my MP re an issue I had about Moorcroft harassing me, i got the feeling he was not really intrested (You've had the money impression)

 

I went back when a CO was being applied for, and agian his attitude didn't really change, like I mentioned above, he didn't even know what a CO was.

 

Your MP is there for one reason only and that isn't for his/her benefit, it's for yours. Can you get someone to help you with this as MPs are very good at getting things done With a little help...

[Von Greenbach]

Your MP is there for one reason only and that isn't for his/her benefit, it's for yours. Can you get someone to help you with this as MPs are very good at getting things done With a little help...

OK, I'll concentrate on the appeal first as that must be in by this friday, I'll deal with the MP issue after that

[babybear39]

Ok, give me a nod if you need anything I can help with

[missdpd]

Can you not appeal under the Disability Discrimination Act? You tried to tell the judge your position with regards to your illness, he dismisses it without even hearing you out?! Mental Health is covered under this act, including depression; if its severe enough to have an inpact on someones daily rountines then its likely to be covered.

The fact he dismisses you and proceeds with treating you as someone without an illness that may affect judgement is outrages and definately needs pursuing!

[Von Greenbach]

Ok, give me a nod if you need anything I can help with

thankyou baby will do

[Von Greenbach]

if its severe enough to have an inpact on someones daily rountines then its likely to be covered.

It doesn't efect me severly as I'm on daily medication, but i do have off days, if that makes sense.

[missdpd]

It doesn't efect me severly as I'm on daily medication, but i do have off days, if that makes sense.

 

But without that medication it would? I would seek the opinion of your doctor/psychiatrist or take a look at the Equality and Human Rights web site and see if they are of the opinion you would be covered by the act.

 

'The court must consider whether it is reasonable to make a charging order. Under The Charging Orders Act 1979 the court has to consider all the circumstances of the case and in particular:

• The personal circumstances of "the debtor"
  
• Whether any creditor would be "unduly prejudiced". This means the court has to decide if making a charging order would disadvantage other creditors.'
  

By dismissing your personnal circumstances he didn't abide to the first one did he.

 

If someone who is more knowledgable in this area could comment, it could help OP a great deal.

[Kraken1]

I know we've discussed this before VG, and I don't think I can add anymore. I think that the whole circumstances of this (including the fact that payplan (?) acted for you and handled the original claim) means that the judge may be unsympathetic.

 

Right or wrong I think they will look at it from a point of view that you did take the money and do owe it. You therefore need to surmount the initial admission, the fact that you were being represented and then argue the DN. I tnink that each one of these will be challenging.

 

Remember that an order for sale is very unlikely.

[Von Greenbach]

take a look at the Equality and Human Rights web site and see if they are of the opinion you would be covered by the act.

I spoke to the helpline, unfortunately I'm not covered.

[babybear39]

This is outrageous

[Von Greenbach]

Right or wrong I think they will look at it from a point of view that you did take the money and do owe it.

I don't deny that, what is in question is, has the claimant the right to bring a case against me?

 

I breached my agreement by not maintaining the agreed payment, so, they have a right to bring a claim, I don't deny them that right.

 

However, they've breached legislation laid down by parliment in bringing this claim, by not adhearing to legislation when issuing a defeault notice, and terminating my agreement before the offical date, I therefore have a right to question there actions.

[Kraken1]

agreed, but as you have seen many DJ's don't necessarily look at it that way. I sometimes think that they like to look at the big picture and look at who is the worst 'offender' in their view and rule accordingly.

 

There is a legal principle that reads - de minimis non curat lex - the law does not concern itself with trifles* and I feel that many of the DJ's looking at these type of issues take this to heart.

 

Whether they should or not is another debate, but I think that you need to focus on what might happen as opposed to what should happen, especially before investing too much money or time. The advice you received on your other thread was decent.

 

 

 

 

* does not refer to those of sponge/jelly/cream construction

[Von Greenbach]

but as you have seen many DJ's

I've only seen one judge.

 

I'm in breach, but so are they, why should I roll over and let them have there way?

[missdpd]

I spoke to the helpline, unfortunately I'm not covered.

 

aww boo hiss was worth a shot though, will keep subbed though and wishing you all the luck

[Von Greenbach]

aww boo hiss was worth a shot though, will keep subbed though and wishing you all the luck

 

Thank you Miss, have you ever heard, bang, head, wall :(

[JonCris]

You need a doctor to be able to say that you could have signed the form admitting the debt without realising the consequences.

 

Also hope you don't mind me saying it but from what you say I suspect you have Bipolar disorder which would explain your behaviour re the N1.

 

This condition is so often mis-diagnosed so may I suggest you speak to your GP again

[babybear39]

I still think it's worth speaking to your MP. Have you got someone who could go with you?

[Von Greenbach]

Hi Jon

Also hope you don't mind me saying it but from what you say I suspect you have Bipolar disorder which would explain your behaviour re the N1.

I'm not offended at all, believe it or not, it's taken me 20+ years to get to the stage where I'm at now, partially due to being messed around (if that's the right word) within the health service.

 

I'm not going to state openly the issues / difficulties I've experienced, but if the judge was aware of my full psychological history, it would go some way to explain why I reacted the way I did, this is difficulty to put into words.

 

Please, please, please, it's very important for anyone reading / contributed to this thread to understand I'm in no way after sympathy / attention, that's not what this is about.

 

As regards to your comment re Bipolar, I've heard of it, but no idea what it is.

[Von Greenbach]

I still think it's worth speaking to your MP. Have you got someone who could go with you?

Baby, when I spoke to my MP about this CO before, he said he cannot become involved in court proceedings, however, I will call his secretary tomorrow and see if I can make any progress.

[babybear39]

If you show your MP the GP letter he should be able to write another letter backing you up.

[Pinky69]

It's pretty strong to suggest someone has Bipolar Disorder when you know nothing about them or their medical history and I don't see a description of "off days" as suggesting anything like Bipolar Disorder. I think the medical diagnosis is best left to his GP and specialist, if he is referred to one.

[Von Greenbach]

If you show your MP the GP letter he should be able to write another letter backing you up.

ah, OK good idea, I'll do that baby, thanks.