Help needed with Appeal V Barclays

[vjohn82]

My advice? File the WS I sent you along with the set aside statement.

 

Your previous defence will suffice from what I have read...

 

For your counterclaim simply add a couple of statements stating that the balance was made up of "x" ppi and "x" charges and that this should be removed from the balance even in the event of judgement.

 

I'm sorry I can't provide more but it's being made impossible for me to continue helping you as much as I would like.

 

You need to get over the set aside hearing first... that's your challenge. The defence, with the documents you have, is sufficient for demonstrating you have a reasonable prospect of success of a defence.

[clivey888]

My advice? File the WS I sent you along with the set aside statement.

 

Your previous defence will suffice from what I have read...

 

For your counterclaim simply add a couple of statements stating that the balance was made up of "x" ppi and "x" charges and that this should be removed from the balance even in the event of judgement.

 

I'm sorry I can't provide more but it's being made impossible for me to continue helping you as much as I would like.

 

You need to get over the set aside hearing first... that's your challenge. The defence, with the documents you have, is sufficient for demonstrating you have a reasonable prospect of success of a defence.

 

Ok thks

 

Me feels like the boat is about to sink

 

it's being made impossible for me to continue helping you as much as I would like ?

I take it's something personal stopping you VJ?

[clivey888]

My advice? File the WS I sent you along with the set aside statement.

 

Your previous defence will suffice from what I have read...

 

For your counterclaim simply add a couple of statements stating that the balance was made up of "x" ppi and "x" charges and that this should be removed from the balance even in the event of judgement.

 

 

I'm sorry I can't provide more but it's being made impossible for me to continue helping you as much as I would like.

 

You need to get over the set aside hearing first... that's your challenge. The defence, with the documents you have, is sufficient for demonstrating you have a reasonable prospect of success of a defence.

 

 

File the WS I sent you along with the set aside statement.

 

VJ i am having trouble locating these! could you send again please.

[clivey888]

My advice? File the WS I sent you along with the set aside statement.

 

Your previous defence will suffice from what I have read...

 

For your counterclaim simply add a couple of statements stating that the balance was made up of "x" ppi and "x" charges and that this should be removed from the balance even in the event of judgement.

 

I'm sorry I can't provide more but it's being made impossible for me to continue helping you as much as I would like.

 

You need to get over the set aside hearing first... that's your challenge. The defence, with the documents you have, is sufficient for demonstrating you have a reasonable prospect of success of a defence.

 

VJ,

I know your time and help is for you to do with as you please and respect your decision stating you can no longer help but i have just scanned the Cag forum and you and others who have helped and pushed this along with advice are clearly alive and kicking on cag.

 

I can only assume that yourself and others have got bored with this and can no longer be assed, I am at my wit end with all of this being told do this pay that then when it comes down to it people dissapear and i get shafted and this appeal is going exactly the same way again, I fork out £220 on a transcript through yours and others recommendation then have to fork out another £130 for the set aside, You came along stating write need this need that i am in the process of doing this then all of a sudden boom cant help do this do that............. IT truly sucks and i am left paddling up a river witht my hands tied.

 

Advice to others before they start, If you like myself find it hard to get your head round these legal issues then think long and carefully about what you do espeially if you have to fork out money you simply aint got as there is a chance you will be left in the ****.

[broken arrow]

Clivey, you have had as much help as anyone, at the end of the day this is a basic set aside application which costs £75, not £130.

At the beginning I advocated just applying for the set aside forget the PPI, your aim was to remove the CCJ and the charging order, just like I did, same grounds wrong claimant, you are in a better position than I was as you can use their own witness statement from my hearing against them.

Edited September 2, 2010 by broken arrow

[broken arrow]

If it had gone to appeal the Judge would have ordered for you to obtain the transcript.

I never get bored with helping people against HFO, I left the forum for a while on principle regarding how a friend and fellow Cagger had been treated.

I decided to come back to try and help people if I can, but I am no expert, just some one with experience of how they work.

[clivey888]

OK I have gone away and cleared my head and will now try to tackle this to best of my ability albeit lack of, BA i was a bit iirate and feeling very pressured as everything seems to be getting on top lately, I know i have had help and am forever gateful it's just that when people state that they are doing this and that then return stating sorry can't help and didn't doing any of it hence the leaving the @@@@ remark it sucks, From what i see VJ just plan and simply got bored with this as he was the main culprit, He was on here at the begining stating we will make mince meat out of them helps put then at the vital moment dissapears then returns states he is doing this doc etc etc for me then returns stating he can know longer help for what ever reason only to see he is alive and kicking on many other threads, Dont get me wrong his input has helped so much but you can't just have people rely on you to just let them down like this, Just read back through this thread and you will see what i'm talking about.

[clivey888]

I am [insert name] of [insert address] and I am making this statement in support of my application to set aside the judgement [insert case number] because there was an error in the judgement and because the Civil Procedure Rules were not followed.

 

Under CPR 19.4 the court’s permission is required in order for the substitution of a party to be effected.

 

The Claimant on the Judgement Order is different to the Claimant named on the initial N1 Claim Form, exhibited hereto as [exhibit number] which listed HFO Capital Limited as the Claimant.

 

The subsequent hearing, dated, was listed in the name of HFO Services Limited and judgement was subsequently given.

No application was made by HFO Capital Limited or HFO Services Limited to amend/substitute the Claimant in the proceedings.

Notwithstanding the procedural issue, it is argued that HFO Services Limited had no lawful cause of action in the proceedings by not being assigned the account in accordance with s.136 of the Law of Property Act 1925.

 

Therefore the subsequent charging order, listed to be heard on [insert date], would prejudice the Defendant and unjustly enrich a company with no lawful right to monies from the potential sale of the estate.

 

I cite the case of GE Money Home Lending Ltd & Anor v HC Wolton & Sons Ltd (t/a Wolton Chartered Surveyors) [2010] EWHC 1011 (Ch) (06 May 2010) where the case was struck out by virtue of the wrong lender being named as the Claimant.

 

Furthermore, it is also a point that financial statements were not submitted prior to the filing of my own Defence and Witness Statement of which revealed the potential for a Payment Protection Insurance complaint for mis-selling under as per the recent guidance issued by the Financial Services Authority and a potential claim for unlawful penalty charges.

 

I therefore argue that my case was placed at a disadvantage by the Claimant in those proceedings which did not allow me to present a counterclaim.

 

I respectfully submit a comprehensive defence which I believe answers the Claimant’s case in full and which I believe has a reasonable prospect of succeeding, particularly on the counterclaim issues which I am in a position to present now that full disclosure has occurred.

 

I believe it would be in the best interests of justice for this judgement to be set aside and for the case to be reheard on its merits rather than for the wrong Claimant to have been awarded judgement on what I perceive to be spurious grounds.

 

 

I need to shore this up but it's something to work on... I'm being pulled from pillar to post right now and didn't want anyone to think I was ignoring clivey...

 

I'll be back tomorrow with some amendments...

 

BA,

Are you still able to help out here as i would really like to get this sorted as the charging order hearing is in 10 days and counting, I found this what VJ kindly put up, could you advise what exactly i need to do right now, I could use the statement above but what else needs to be handed in and what order, I am going to submit the set aside by this friday the very latest.

[broken arrow]

1.The application to set aside is made using a N244 application.

2.The application is supported by the WS, if you write out the WS and send by email I will take a look.

3. Cost £75.

4. You will need 3 copies of the application, but do a fourth to take to the Charging order hearing.

 

When I did mine I did not submit anything else, the Judge set aside the CCJ and Charging order and then gave them 14 days to reclaim and a further 14 days for me to submit a defence.

 

So have a go at a WS, on what VJ supplied and I will give it my best attention tomorrow and we should be able to get it posted off Wednesday.

 

With regards to VJ he has his own stuff to deal with and is very busy, I hav,nt but I am trying to help a few others with HFO issues, I am no expert but am willing to help.

Edited September 6, 2010 by broken arrow

[clivey888]

1.The application to set aside is made using a N244 application.

2.The application is supported by the WS, if you write out the WS and send by email I will take a look.

3. Cost £75.

4. You will need 3 copies of the application, but do a fourth to take to the Charging order hearing.

 

 

 

When I did mine I did not submit anything else, the Judge set aside the CCJ and Charging order and then gave them 14 days to reclaim and a further 14 days for me to submit a defence.

 

So have a go at a WS, on what VJ supplied and I will give it my best attention tomorrow and we should be able to get it posted off Wednesday.

 

With regards to VJ he has his own stuff to deal with and is very busy, I hav,nt but I am trying to help a few others with HFO issues, I am no expert but am willing to help.

 

Many thanks BA ... cue " huge sigh of relief" i will get it done tonight and email you straight away.....

[pt2537]

wrong,

 

A charging order isnt a given, they may have an interim charge, but that isnt final

 

and even a final charge can be defeated, infact, even if there is an order for possession and sale, you can still challenge, the authority for this is

 

Southern District Finance v Turner ( Court of Appeal.)

 

you may be able to do as mrs turner did, and file a counterclaim,

[clivey888]

wrong,

 

A charging order isnt a given, they may have an interim charge, but that isnt final

 

and even a final charge can be defeated, infact, even if there is an order for possession and sale, you can still challenge, the authority for this is

 

Southern District Finance v Turner ( Court of Appeal.)

 

you may be able to do as mrs turner did, and file a counterclaim,

 

Thank you Pt2537

 

And for the record I apologise to all for sounding ungrateful and it is not an apology to get anyone to continue to help, I apologise when i know i am in the wrong sometimes as i am under immense pressure right now being hit from every angle possible but hey i will leave that for the jeremy kyle show, Right now i am going to get my stupid head down and complete the witness statement.

 

peace.

[pt2537]

what are you applying to set aside? default judgment? Summary judgment?

 

or judgment at trial?

[clivey888]

what are you applying to set aside? default judgment? Summary judgment?

 

or judgment at trial?

 

Summary judgment is judgemnt without full trial and default is judgement without being there so it is judgment at trial.

Edited September 7, 2010 by clivey888

[broken arrow]

what are you applying to set aside? default judgment? Summary judgment?

 

or judgment at trial?

 

Hi Paul, nice to see you around again, basically HFO Capital started the claim, by the time it got to the hearing it was HFO Services as the Claimant, no application persuant to CPR 19.4 was made.

 

 

This is similar to my set aside where the wrong claimant was entered on the judgment, the only difference being with my situation they did make an application to ammend the claimant.

[broken arrow]

The hearing date is set for sept 16th but states i can object by 23 aug.

 

Clivey, how did the hearing go ?

[MARTIN3030]

Thread reopened.

Should there be any repeats of the posts and comments which we saw here before and were removed,those responsible may face account moderation.

[broken arrow]

Cheers Martin, will try to behave appropriately, sometimes get HFO red mist:-x

[clivey888]

Ok first of all a big apology to all who have spent countless hours helping me with this case, I have sent private messages to the main players on here also apologising , Donkey your mail box is full so have been unable to send you an apology.

 

My absence was due to the stress and depression of debt and court cases taking it's toll on me, I know it was selfish due to the countless hours people have spent helping me out but hey i was at breaking point.

 

BA: I never attended the court case so the charging order was granted.

 

I shall though be applying to have this set aside by next friday and will update this thread accordingly so those who did help me can see the outcome to the end, And yes i am fully aware that due to my actions i am going to have to battle this alone.

 

If there is a lesson to be learnt from this it is simple DON'T BITE THE HAND THAT FEEDS YOU ...... simply putting when your under intense stress and when everything and everyone seems to be against you don't take it out on the only ones that can get you out of this mess like i did, So again big time apologies to all concerned the posts that caused the friction make me cringe reading over again.

[DonkeyB]

We’re still here!

[broken arrow]

Good on you for going for the set aside, if you have genuine grounds the time issue is not a problem, if you need any help just ask and if I can I am more than happy to help, after all its HFO.

I will email Donkey and get him to muck out his inbox..........no need he is here now.

[DonkeyB]

My stable was mucked out a while ago. The mess builds up rather quickly. The smell in here... it’s like an HFO call centre.

[clivey888]

Thanks guys for being understanding, I will be getting all docs out and reading over the thread over the weekend to get myself back on it,.

 

Has there been any success stories against this HFO mob lately ?

[DonkeyB]

Oh yes! And the odd failure, but nothing will be left as failed.

[broken arrow]

hello Clivey any news? its OK VJ not about..........