Carmel Butler / House of Commons

[shakespeare62]

I think Supersleuth is taking a sabbatical..all will unfold in due course.

 

Anyone have an update on the above ?

[shakespeare62]

The “Judge” actually declared more than 5 times that he had not had chance to read my defence but chose to strike it out.

 

Would not that be grounds for Appeal ? Was this a Summary Judgment hearing ?

 

The test under CPR 24.2 (Summary Judgment) is whether the prospects of success is realistic rather than fanciful; the court should consider the evidence which can reasonably be expected to be available at trial - or the lack of it: Royal Brompton Hospital NHS Trust v Hammond [2001] EWCA Civ 550;

 

The duty of a judge hearing such an application is to assess the prospects of success of the relevant party, the criterion being not one of probability but the absence of reality: Three Rivers District Council v Bank of England (No.3) [2001] UKHL 16 per Lord Hope.

[Lloyds Defender]

Would not that be grounds for Appeal ? Was this a Summary Judgment hearing ?

 

The test under CPR 24.2 (Summary Judgment) is whether the prospects of success is realistic rather than fanciful; the court should consider the evidence which can reasonably be expected to be available at trial - or the lack of it: Royal Brompton Hospital NHS Trust v Hammond [2001] EWCA Civ 550;

 

The duty of a judge hearing such an application is to assess the prospects of success of the relevant party, the criterion being not one of probability but the absence of reality: Three Rivers District Council v Bank of England (No.3) [2001] UKHL 16 per Lord Hope.

 

No it is a possession application and they applied to strike my defence which the judge gave them.

 

I don't have the money for appeals and in any event don't know how to do them. Now I have been told that because my defence has been struck out I have no say in the hearing for possession, I can only speak if possession is granted and that is to ask for time!!!

[shakespeare62]

If anyone does know of a firm of Solicitors who have a back bone then please post their details on here.

 

Have you tried contacting the Site Team ? I know they've recommended some good lawyers to other Caggers all be it for CCA 1974 issues.

[Lloyds Defender]

Have you tried contacting the Site Team ? I know they've recommended some good lawyers to other Caggers all be it for CCA 1974 issues.

 

 

No I have not yet contacted the site team, I will do.

[Smarterchick]

Now when I try to get a “solicitor” or barrister to look at my case (even a barrister who was recommended to my by someone on this thread!) they are not interested.

 

 

If that was me LD, then I'm sorry, when I spoke of the possible introduction he did say he can't guarantee taking anything on but will treat it everything on its merits from anyone. He won't discuss anyone else's claim with me of course so I'll never know why he wouldn't take, all I can say is he worked wonders for me. Anyway, one mans loss is anothers good fortune so we must press on with what you have and make it work for you. Good luck anyway, we tried..

 

SC

[shakespeare62]

he worked wonders for me.

SC

 

Hi Smarterchick, may I enquire - were your successes in relation to a mortgage issue ?

 

By the way, I'm sure Lloyds Defender didn't mean any ingratitude to your kind help, I imagine the stress and frustration LD must be going thru' is terrible. I hope the site team can recommend someone who could act for him / her.

 

Also good luck in your appeal.

Edited June 29, 2009 by shakespeare62

[Lloyds Defender]

Smarterchick,

I am very grateful for all the help I have had from this site. Your assistance is very much appreciated. I was having a go at the legal profession because its one of economics and fast bucks as apposed to helping people and they appear to all stick together.

 

Please accept my apologies if my post came across any different.

[citizenB]

Have you tried these people - probono group

 

The Bar Pro Bono Unit: Free Legal Advice and Representation

[Lloyds Defender]

Have you tried these people - probono group

 

The Bar Pro Bono Unit: Free Legal Advice and Representation

 

Writing to them now.

 

Many thanks again for everyone's help.

[Smarterchick]

Hi Smarterchick, may I enquire - were your successes in relation to a mortgage issue ?

 

By the way, I'm sure Lloyds Defender didn't mean any ingratitude to your kind help, I imagine the stress and frustration LD must be going thru' is terrible. I hope the site team can recommend someone who could act for him / her.

 

Also good luck in your appeal.

 

Answer to your first question is yes.

 

Answer to your second point: I never would suggest LD was implying any ingratitude, I can see what LD is going through and he/she has my full support no matter what reaction may come from those frustrations as I've been there myself and seen hundreds on here facing the same. We just have to thread our way through these jungles of brick walls until we find that loose brick. I found going to a direct access barrister as being a cheaper option than getting a barrister via solicitors which is generally the way most have to go with their cases and I am sure LD is only too pleased to take up on any advice which might ease the pain of all this and the frustrations, this kind of fight is no fun for anyone and I for one would criticise no one for what they try to achieve. We all come up against brick walls and LD is no exception, I'm just sorry when it happens. It's only but for the likes of all the good people on here that pulls each of us through this mire..We just have to keep helping LD and others to find a way through no matter how many attempts it takes.

 

SC

[Smarterchick]

Sorry LD, I was half way through posting the above when I was called away so didn't see your post. You don't need to apologise to me matey, I Know what you meant..we are all in this together - family !

[mark1arby]

WOW!!! What a read. Brilliant stuff !!!

 

Seems a bit of an abrupt end though?

 

Thank you Ladies and Gents.

 

Cheers Mark

[tifo]

WOW!!! What a read. Brilliant stuff !!!

 

Seems a bit of an abrupt end though?

 

Yep, didn't seem to get anywhere. In the UK, it all seems legit because it is an uncompleted sale and thus equitable.

 

But doesn't the SPV/Trustee say they own the mortgages, in order to able to offer them on the market? If so, how can they own something not completed?

[andrew1]

Yep, didn't seem to get anywhere. In the UK, it all seems legit because it is an uncompleted sale and thus equitable.

 

But doesn't the SPV/Trustee say they own the mortgages, in order to able to offer them on the market? If so, how can they own something not completed?

 

Where's that Seutonious when you need him?

[tifo]

Where's that Seutonious when you need him?

 

He's of the same opinion I quoted in my post above, i.e. that nothing can be done as it's all legal. It may seem unfair to the customer but doesn't seem to be unlawful.

[andrew1]

He's of the same opinion I quoted in my post above, i.e. that nothing can be done as it's all legal. It may seem unfair to the customer but doesn't seem to be unlawful.

 

You mean you and Seutonious actually agree on something? My god the world is changing....

[Suetonius]

Now I know why my ears have been burning...

 

Hope everyone is having a good start to 2011...

[car2403]

Now I know why my ears have been burning...

 

Hope everyone is having a good start to 2011...

 

OMG! "The bitch is back!"

[Suetonius]

Now now Car2403, that is not very nice is it...

 

Ok though.. I understand completely ;-)

[tifo]

You mean you and Seutonious actually agree on something? My god the world is changing....

 

Now now ... i'm only saying how i see it at the moment ... i've not got further than this with the matter. Hopefully things will change and we may have another avenue to chase but at the moment it's gone dead.

 

My bank still hasn't said why they sign their letters with "as administrator" and the FOS won't look at it as part of my complaint on unfairness and reclaiming arrears charges, which they say are not within their remit to investigate but consider them fair.

[car2403]

Now now Car2403, that is not very nice is it...

 

Ok though.. I understand completely ;-)

 

Ha ha... My defence is I used quotation marks. Anyhoo, who you suing now, then?

[Zaniwhoop]

It's a bit late for me to have found this great thread as I have to defend a possession case by Nat West tomorrow and am trying to use Carmel Butler's Memorandum to good effect. Thanks for the great research peeps, how did you find the details of the SPV for Abbey and any idea where I might find who Nat West might have securitized to?

[Zaniwhoop]

Ooops! Just realised I'd only read to page 3 of this thread, much more reading to do.

[dx100uk]

thread is from 2011 well dead now

 

 

dx