Jump to content
shakespeare62

Shakespeare62 - v - a NastyBank

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3347 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Blimey if they keep to that timescale I'd be impressed...

 

as all of us that have reported to regulatory bodies in the past know :-(

 

S.

 

I know - if it slips too much I'll follow them up.


Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law and litigation privilege

 

Please see the following copyright statement

Share this post


Link to post
Share on other sites

Called the Court today - deadline for filing Appeal (Notice of Appeal, application for permission to Appeal) is 4 pm on 17th November.

 

I'll post up later today


Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law and litigation privilege

 

Please see the following copyright statement

Share this post


Link to post
Share on other sites

u will need a transcript of the judgment to accompany the N161 for an appeal as we remarked earlier.....hows that work then?

Share this post


Link to post
Share on other sites

Just read this thread from start to finish, it defies belief. I am where you (Shakespeare62) were back at the very start, just preparing my initial defence against Amex.

 

There are a host of similarities between our cases, including the fact I have been sent different different T&C's on three occasions and in response to a s78(1) request I was sent an application form with nothing on the back.

 

However in response to a recent CPR 31.14 I got the same application form, but this time with these T&C's on the reverse; http://i438.photobucket.com/albums/qq102/Shakespeare62/CCA_stuff/A_M_E_X/Alleged_Reverse_Side_Application_Fo.jpg

 

The exact same T&C's as you.

 

I'm appalled by the failure of the Judge to make the claimant produce the original, especially as you had valid, legal grounds for requesting it. As for the business card exchange, that demonstrates a gross lack of impartiality and a total disregard for any natural, judicial protocol. The truth is if you draw a Judge like that you are done for, however watertight your case is, and yours seemed pretty tight to me.

 

I can only assume that the sheer volume of cases has made (some) Judges cynical and sick of dealing with cases like this, they've seen the case law (or not in this case!) a thousand times and strict adherence to the law comes second to their personal feelings.

 

I worry I would lose my temper under similar circumstances, you did extremely well to keep calm I reckon. I just hope when my time comes I have a more balanced Judge, but in the meantime I wish you well with your appeal, that is a shocker of a process you had to endure and no mistake.

Share this post


Link to post
Share on other sites

Thanks for your comments folks.

 

I'm attaching a copy of the Draft Reserved Judgment and my initial appeal points. They will need amending and seriously firming up.

Draft Reserved Judgment.pdf

Draft_Appeal_V2.doc

Edited by shakespeare62
re-scanned pdf and uploaded to improve readability

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law and litigation privilege

 

Please see the following copyright statement

Share this post


Link to post
Share on other sites

BTW - HMCS told me yesterday that the final written Judgment was prepared on 23 Oct and posted out to me on 28 Oct.

 

This apparently contradicts the DDJ who stated on 27th Oct that I had to rely upon the Draft Reserved Judgment from July, but then decided during the hearing he would correct some typos and include the correct reference to the Rankine case).

 

I'll repost as soon as amended written Judgment is received (it should be virtually identical)


Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law and litigation privilege

 

Please see the following copyright statement

Share this post


Link to post
Share on other sites

I just re-checked my taped conversation with HMCS. They do contradict the DDJ.

Edited by shakespeare62

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law and litigation privilege

 

Please see the following copyright statement

Share this post


Link to post
Share on other sites

Any comments or suggestions welcome.

In the meantime I'll post up as I amend ....


Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law and litigation privilege

 

Please see the following copyright statement

Share this post


Link to post
Share on other sites
Thanks for your comments folks.

 

I'm attaching a copy of the Draft Reserved Judgment and my initial appeal points. They will need amending and seriously firming up.

 

Could you re-post the docs... lettering too small.


An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

Share this post


Link to post
Share on other sites

Hi Paul .. have u tried doing a zoom on pdf ? (they are small but appear clearly for me when I zoom on Adobe PDF viewer to say 200%). Then click thru using the page up or down arrow.

 

If it still doesn't work for you, Ill rescan in at a higher resolution and repost. Please let me know. Thanks.

Edited by shakespeare62

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law and litigation privilege

 

Please see the following copyright statement

Share this post


Link to post
Share on other sites

Might as well re-scan and repost. Should be up in the next 2 hours.


Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law and litigation privilege

 

Please see the following copyright statement

Share this post


Link to post
Share on other sites
Might as well re-scan and repost. Should be up in the next 2 hours.

 

Don't bother mate.... me being a plonker


An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

Share this post


Link to post
Share on other sites

Done it now :) See post #180 above

 

Should now be easy to read and print out. (Download tho will take 20 secs or so cos its a larger pdf).


Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law and litigation privilege

 

Please see the following copyright statement

Share this post


Link to post
Share on other sites
You must Appeal!

Cheers,

BRW

 

I'm on the case(Thanks for the support BRW ;))

 

I will be splitting the initial appeal points at post #180 on prev page, into separate Grounds of Appeal for the N161 Applicant's Notice and a Supporting Skeleton Argument. Should be posting up drafts in about 48 hrs.

Edited by shakespeare62

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law and litigation privilege

 

Please see the following copyright statement

Share this post


Link to post
Share on other sites

suggest you look at the following threads for pointers..

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/212396-trying-set-aside-judgement.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/183724-tonka99-sechiari-clark-mitchell.html

 

Both the above are preparing for appeals and have lots of valuable information on the threads.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

Will do - cheers.:)


Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law and litigation privilege

 

Please see the following copyright statement

Share this post


Link to post
Share on other sites

Here's my Draft Grounds of Appeal. I will need to put in correct Exhibit refs.

 

should post up skeleton argument within next 24-48hrs

 

My concern is to ensure the Grounds of Appeal has "enough punch" behind it to get through. All comments welcomed.

Grounds_Of_Appeal_V3_ID_Removed.doc

Edited by shakespeare62

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law and litigation privilege

 

Please see the following copyright statement

Share this post


Link to post
Share on other sites
Here's my Draft Grounds of Appeal. I will need to put in correct Exhibit refs.

 

should post up skeleton argument within next 24-48hrs

 

My concern is to ensure the Grounds of Appeal has "enough punch" behind it to get through. All comments welcomed.

 

Fraid an appeal is well beyond my small knowledge but I have to say that in my opinion is worded superbly.

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

Share this post


Link to post
Share on other sites
Fraid an appeal is well beyond my small knowledge but I have to say that in my opinion is worded superbly.

 

S.

 

Appreciate the thumbs up :)

 

Received acknowledgement of complaint from Ministry of Justice this morning. The Office For Judicial Complaints is to investigate - target resolution 24th November. I'm attaching a copy of the complaint I lodged.

 

Right ..on with my skelly.

OJC Complaint.doc

Edited by shakespeare62

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law and litigation privilege

 

Please see the following copyright statement

Share this post


Link to post
Share on other sites

Lodged my Appellants Notice Form N161 this afternoon, with Grounds of Appeal (3 copies) and Appeal Bundle. Skeleton to follow later (i've got 14 days).

 

Need to seriously chill, will post up later / tomorrow.


Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law and litigation privilege

 

Please see the following copyright statement

Share this post


Link to post
Share on other sites

Here is are copies (ID removed) of my Appellants Notice Form N161, Grounds of Appeal, and the Index used for my Appeal Bundle.

 

The notion now is that I do a skeleton within 14 days of filing the N161 - it will contain a further outline of the arguments I'm pursuing, along with a list of Authorites (Case law etc.) that I intend to refer to.

 

Then all the Authorites get printed out in full and put into an "Authorites Bundle" and filed + sent to Claimant 7 days before any trial.

 

We'll see...

N161_Appellants_Notice_ID_Removed.pdf

Grounds_Of_Appeal_V8_ID_Removed.doc

Appeal Bundle Index V4 ID Removed.doc


Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law and litigation privilege

 

Please see the following copyright statement

Share this post


Link to post
Share on other sites

I've copied the full Appellant's Notice, as an aid to helping others. The notice gets interesting from section 5 page 4 onwards. The images view well for me at 200% zoom.


Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law and litigation privilege

 

Please see the following copyright statement

Share this post


Link to post
Share on other sites

I've heard from the OJC today. Basically the complaint is still being investigated. I note the letter was marked "RESTRICTED - PERSONAL". I guess that means its not to appear on the front page of the Sun ..u know along with the "Cash for questions" and "match fixing" scandals....

Edited by shakespeare62

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law and litigation privilege

 

Please see the following copyright statement

Share this post


Link to post
Share on other sites

I wish you luck with all this and I hope your appeal succeeds. Whatever else I think every defendant has a right to impartiality from the process, and from those administering it.

 

I know from experience how consuming this whole process can be.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...