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wannabedebtfreesoon

Car repossessd off private property with no default or termination served with police consent! ** WON **

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Wow that post turned out to be considerably longer than I expected!

Forgive me, I slept soundly for the first time in 3 weeks :madgrin:


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

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I closed my argument with the questions: "When a debtor alleges a relationship is unfair the burden of proof rests with the creditor to prove no unfairness exists, has the creditor provided sufficient evidence to show fairness existed?? If trespass is fair, contravention of Section 92 is fair, breach of statutory duty is fair and fraud and bribery is fair, then what exactly would the court consider would warrant unfairness??"

 

Nailed it right there :)

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Great! - oooh, so much like my case, no commission disclosed at all and the finance company quoting Hurstanger at me. lol

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hi - thanks for the sound advice and I wholeheartedly agree.

I have been bullied already by the other side, in my own opinion, and I await the hearing date at the moment. Their solicitor has written to say that I am likely to incur £20k in legal costs etc etc and some other stuff separately under 'without prejudice' cover. I have to bring my thread up to date but not sure about how much to put online whilst they are probably 'guests'.... and, I don't want to hijack your thread on this. would you mind if add a pointer to my thread soon?

 

Good morning :-)

 

NU stands for Norwich Union, this is who welcome allege underwrote all the policies.

 

Yes the costs issue is something they will always try to use as a frightener. Although it still is something you need to be aware of, if it goes against you will be responsible for their costs. It's worth bearing in mind though that there is a cap on costs for fast track trials too depending on the value of your claim, you do need to familiarise yourself with this. From what I remember it is contained within Part 46 of the CPR. There's always a get out clause with any of it that the judge can still order any amount of costs at their discretion based on the conduct, (or misconduct!), of any party throughout the proceedings. Just get up to speed with that argument.

For the record and for the benefit of prying eyes, I am up to speed with Part 46 and all encompassing arguments :-)

 

I would advise you not to give too much away on open forum, they are watching and will have no shame in raising it at court. I have kept many things to myself and I was very satisfied with how I was able to utilise them at trial. It was clear that they were relying on me saying exactly what I had written on my thread and grossly underestimated my ability to raise anything other than that.

 

The bottom line is that, whatever help and support you may receive here, it is your case and it will be you and only you that has to stand up in court on that day and explain it. You need to ensure that you are fully confident in anything you are relying on because, and only because, you have spent what might feel like a lifetime researching it and learning it inside out and back to front!

 

I really should try to get my life back now but I will always be happy to offer anything that that may be of assistance to anyone that is going through what I have been through :-D


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

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Nailed it right there :)

 

:-D

 

You'd have been so proud, even the clerk approached me after the hearing and commended me on the fluency of my arguments :oops:

 

She tried to convince me to take up law but I told her that I was not into playing dirty tricks so I wouldn't be joining up! She was really lovely and said she thought I was fantastic and had acted as good as any barrister she had ever seen. It really made my day, it was so kind of her to take the time to say those things and it just goes to show that we can achieve anything we set our minds and hearts to.

I hadn't planned on acting like a barrister, I just wanted to be given a fair trial and not discriminated against because I was an LiP.


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

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Guest repo threat

nice one !!!!!!!!!

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Was our old mate from CAG there? :-)


The Banks lend you Credit that is created out of nothing - FACT.

 

Only 3% of the Money in the Uk is in the form of notes and coins - the rest is created by banks as debts - numbers on computers - nothing more.

 

Money should be our servant - not our master - Its Time to reform the Banking system

 

For more info on how banks create loans from nothing - The problems of our debt based economy - and what the solution is - look here

 

 

Further Reading and articles on our debt based economy found here

 

http://prosperityuk.com/

 

The campaign for this reform is backed by a group of economists, lawyers, engineers, former civil servants, university academics and business people as well as the public.

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I understand their reasoning; it was always necessary for them to prove that the broker was my agent and not theirs because then they could continue with the argument that they had put forward since March 2009. "It wasn't us that sold the PPIlink3.gif it was the claimant's broker so we can't be held responsible for any mis-selling"

That 'may' wash for the PPI issue but it drops them in it with the secret commission issue, they can't have it both ways. The broker was my agent when he mis-sold PPI but not my agent when he accepted a bribe??!!!

Interesting - in my case they keep saying the broker worked for the dealer and not me...I wonder how a well-known motor delearship would feel about being brought into the proceedings then?

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Hi Wannabe,

You're my hero!:whoo::hail:

 

I think CAG should give you a medal for what you have achieved

 

A big round of applause from me :yo::cheer2:

 

G

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Wannabe,

 

Did you accept the apology from the Police in he end or are you going to follow up with a case for them assisting a Bailiff?

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Thank you G! You really know how to make a girl feel special :oops:

 

It's not over yet but at least I can hold my head up eh? x


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

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Wannabe,

 

Did you accept the apology from the Police in the end or are you going to follow up with a case for them assisting a Bailiff?

Now there's a question! :razz:

 

I accepted the complaint be dealt with via local resolution but I always made it clear that once the court proceedings were over I'd be back to make a claim against the police too for their part in it.

 

I've often thought during my darkest hours that I wanted nothing more than to see the back of all this, but I woke up this morning and realised that this has actually only just begun...

There's much that remains unfinished and unsaid.

 

Every day something else winds me up even more about the whole thing :mad2:

 

I forgot to mention what welcome's closing arguments entailed;

After they spent what felt like an eternity arguing the Harrison case and the ICOB rules, they finished up with how the secret commission they paid on the finance wasn't covered under ICOB anyway and so the Judge may be entitled to employ the remedy as found in Hurstanger for that bit :!:

 

Incidentally I'll give them that one, they had cleverly worked out what my argument was going to be on that point and obviously thought it would sound better coming from them than me. It's a shame they didn't extend me the same courtesy, but then why would they?? I'm just a nobody little girl, there'd be no way I would've worked out what their tactic was going to be and countered it before they tried it would there?!

 

It's worth bearing in mind that I didn't claim any such breach of ICOB in the first place and even if I had I believe it applies to lenders that sell insurance policies. Unless I'm grossly mistaken, welcome have made the most amazing fuss about how it wasn't even them that sold the PPI policy, so work that one out! :???:


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

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It's worth bearing in mind that I didn't claim any such breach of ICOB in the first place and even if I had I believe it applies to lenders that sell insurance policies. Unless I'm grossly mistaken, welcome have made the most amazing fuss about how it wasn't even them that sold the PPI policy, so work that one out! :???:

 

If you get a favourable result it could be worth getting a copy of the transcript for this issue alone.


The Banks lend you Credit that is created out of nothing - FACT.

 

Only 3% of the Money in the Uk is in the form of notes and coins - the rest is created by banks as debts - numbers on computers - nothing more.

 

Money should be our servant - not our master - Its Time to reform the Banking system

 

For more info on how banks create loans from nothing - The problems of our debt based economy - and what the solution is - look here

 

 

Further Reading and articles on our debt based economy found here

 

http://prosperityuk.com/

 

The campaign for this reform is backed by a group of economists, lawyers, engineers, former civil servants, university academics and business people as well as the public.

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I don't usually post much but,

 

I was there.... and even 3 days later I'm still dazed and in awe of how "Wannabe" conducted herself.... she was simply amazing FACT:jaw:


Motor bikes are very dangerous... :bump2:

 

Think once, Think twice, Think Bike :welcome:

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Glad it's coming to a end time to relax and put your feet up, well done!xx

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I'm certainly in need of something a little stronger than a cuppa at the mo! :-)

 

Luckily for us we live in modern times, the draft judgment will be sent out via email within 2 weeks and the hearing to formally hand down judgment is set for 27th July. So it's not all up in the air thankfully :-D

 

It looks like judgement will be formally handed down tomorrow. Understandably WBDFS can't tell us anything about the draft she has received by email.

 

All the best for tomorrow WBDFS.

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Thank you for your patience, I appreciate your understanding that there have been certain things I am unable to speak about publicly.

As it goes, there are still things I am unable to say but I will do what I can to try to explain what has happened.

 

There was a draft judgment but I am entirely unable to say anything about that at all, those there them are the rules I'm afraid :|

Judgment was due to be formally handed down today but it hasn't been. Instead I made an application for a stay of proceedings pending the decision of the Supreme Court in the Harrison case. My application was granted this morning and proceedings are now held until next year when the Supreme Court makes its findings on the Unfair Relationships provisions.

 

I know this is not what you all may have been expecting or hoping but please trust me on this one, it was the right thing to do.

Yes it would have been great to have seen an end to this drama but, in reality it was just not prudent to continue when the rules on Unfair Relationships are all up in the air with no real authority to bind them. There is a very recent Waksman judgment which explains it all very clearly, here's a LINK to it.

 

If I may be so bold to offer the benefit of my experience, I would recommend everybody to take the same action if they already have an ongoing case or are faced with one.

 

In my case the current situation is that there will be further directions given following the Supreme Court decision expected next year. As it stands we are in no different a position than we were before this remit, the original judgment is still set aside and there is no judgment yet on the remit. It all hinges now on what the Supreme Court decides amounts to an Unfair Relationship and whether the facts of my case fall within that ambit.

 

Sorry I can't give you all an ending to this yet....:-(


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

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I've just read the whole thread bit by bit over days. I see that I posted in this thread over a year ago!

 

Can I just say congratulations for sticking your ground. Too many times the average person is run roughshod over by companies, and I'm pleased to see you on what seems to be the winning straight. (Depending on Supreme Court judgements).

 

I'm not sure I could have kept up the fight like you did over years.

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Wae there ever any conclusion to this regarding the secret commission issue ?


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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