Welcome - illegal repo in contravention of section 92 and unfair relationship ** WON **

[wannabedebtfreesoon]

It's been a while and I was wondering if you have heard anymore about the appeal, will it happen, when is it to be heard? Any update (sorry being nosey is one of my better traits.)

Hello, sorry about being so quiet. I've actually ended up quite ill with the stress all of this has caused me, but I'm recovering now and ready to finish this fight with every ounce of strength I have left.

 

The appeal was listed but was then adjourned because the original judge was 'too busy' to approve the transcript. I've now finally received the approved transcript and the hearing is coming up very soon.

I can't really give too much away at this stage as it will be largely determined by what I have to say to the High Court Judge on the day and I'd rather not give the other side any heads up. I will say this though, having now read the transcript I am appalled that it has had to come this far and the glaring errors are shocking.

Following the travesty of the trial I have entirely lost faith in the justice system so I am prepared for this to go against me too, however if I am going down I will be going down fighting.

 

I have no assets and no money so all I have to lose at this stage is my faith that right and wrong is actually relevant in law, as opposed to just who has the most money.

 

A big thank you to all that have followed this thread and offered tremendous support, it has often been because of all of you that I have carried on when I've felt like giving up, so thanks again x

[pickaname]

Good luck hun, hope it all comes out in the end. Glance on here most days to see if any things happened.

[wannabedebtfreesoon]

Good luck hun, hope it all comes out in the end. Glance on here most days to see if any things happened.

Thank you, we can but hope!

 

Just had word from the court today that the judge that is hearing my case has been changed. I feel slightly more reassured by this as the new Judge is very well respected and has previously been described as the UK's best academic lawyer, he also has expertise in the areas of civil evidence, damages, and financial services so hopefully he should know what he's talking about!

 

Fingers crossed x

[sequenci]

Thank you, we can but hope!

 

Just had word from the court today that the judge that is hearing my case has been changed. I feel slightly more reassured by this as the new Judge is very well respected and has previously been described as the UK's best academic lawyer, he also has expertise in the areas of civil evidence, damages, and financial services so hopefully he should know what he's talking about!

 

Fingers crossed x

 

That's excellent news

[wannabedebtfreesoon]

Let's hope so, although nothing surprises me any more!

The odd thing is that I haven't heard anything from the other side, is this normal??

[wannabedebtfreesoon]

I won!!!!!

[DES_1001]

You WON! Well done!

[wannabedebtfreesoon]

I'll post back with all the gory details shortly, just need to get kiddies to school x

[pickaname]

Fan-bloody- tastic.

Very happy for you.

[Surfer01]

Brilliant news. Can't wait to read all the gory details!

[sillygirl1]

Congratulations. Seems the change of judge was the right decision - bet the other side are gutted!

[wannabedebtfreesoon]

Congratulations. Seems the change of judge was the right decision - bet the other side are gutted!

The judge was an absolute credit to his profession and I am in complete awe of him - and the other side acted like a pair of spoilt brats having a tantrum

[wannabedebtfreesoon]

The hearing and judgment was very long and complicated but the gist of it is that they DO need a court order to remove a vehicle from private property although the amount of damages is limited. Permission to appeal was granted on the ground of secret commission and then the subsequent appeal was then granted

Permission to appeal was actually refused on the grounds of Section 92 although it was admitted by the appeal judge and conceded by the other side that the trial judge had erred in law in this respect. The reason being that even if the judge had ruled in my favour he would not have been able to award any further damages as he had already covered this when ruling in my favour for trespass.

 

Quote by the Right Honourable Lord Justice:

"The judgment and associated costs are set aside and you have won"

[wannabedebtfreesoon]

Superb, so how much have you won and when do you get it?

Not quite that straightforward I'm afraid lol!

It was ruled in the High Court Judgment that they did need a court order, they didn't have one and they shouldn't have done what they did but as there were no physical damages to my property the compensation should be nominal. Which in all honesty I am perfectly happy with, all I needed was to prove that I was right and they were wrong which was successfully proved by a High Court Judge yesterday

 

Now the secret commission element of it is another story, the appeal was granted on this basis therefore it will have to go back in front of a district judge for him to "think again". Although it will have to be a different judge to the trial judge.

 

My claim is for unfair relationship and none of their defences so far have been able to show anything to the contrary so if it does end up back in county court chances are I will win based on the judgment of the High Court. The damages I claimed in this respect are for return of all monies paid and release from all further liability, so we will see how that pans out.....

[stevo7790]

Wannabe I'm very happy for you, a great way to end this saga, and I'm glad to see the end of it, as Im sure you are too!Shows there is still some common sense left in the world, even if you have to fight for it to prevail.

[trooper68]

A very well done.

 

I have been watching this thread...impressive, most impressive.

 

Trooper68

[GSMGuy]

I won!!!!!

 

That is FANTASTIC news!!

 

Congratulations!!

 

Can't wait to hear the nitty gritty!!!!

 

Mike

[GSMGuy]

Not quite that straightforward I'm afraid lol!

It was ruled in the High Court Judgment that they did need a court order, they didn't have one and they shouldn't have done what they did but as there were no physical damages to my property the compensation should be nominal. Which in all honesty I am perfectly happy with, all I needed was to prove that I was right and they were wrong which was successfully proved by a High Court Judge yesterday

 

Now the secret commission element of it is another story, the appeal was granted on this basis therefore it will have to go back in front of a district judge for him to "think again". Although it will have to be a different judge to the trial judge.

 

My claim is for unfair relationship and none of their defences so far have been able to show anything to the contrary so if it does end up back in county court chances are I will win based on the judgment of the High Court. The damages I claimed in this respect are for return of all monies paid and release from all further liability, so we will see how that pans out.....

 

 

I take it, that this now sets a precedent, and is relevant case law?? Particularly with respect to removing the vehicle from private property without a court order??

 

Mike

[wannabedebtfreesoon]

It is definitely a sad state of affairs when it takes a High Court hearing for them to admit they were wrong.

There were many times when I wanted to give up the fight but I'm glad I persevered, justice has been done and that is all I ever wanted x

 

Thank you to everybody that lent their support, it has been invaluable and I'm so glad I'm able to finally share good news with you all

[wannabedebtfreesoon]

I take it, that this now sets a precedent, and is relevant case law?? Particularly with respect to removing the vehicle from private property without a court order??

 

Mike

You betcha

 

I'll be applying for the transcript soon and I'll be more than happy to share.

[postggj]

what can i say

 

you stuck at it even though it was depressing at times

 

a true inspiration to all

 

as stated, as this is the court of appeal then

 

IT HAS RELEVANT CASE LAW ATTACHED TO IT:smile:

 

when you have landed out of cloud nine , please post up the judgement as this is a nuclear bomb now in our arsenal

[Hip_Hop]

Well Done! It's good getting a positive judgement, isn't it?

 

As you have now had a favourable judgement, hopefully, a sensible offer to settle will be forthcoming too, and there will be no need to go to trial? You can then get on with your life! And the longest thread on the CAG can be brought to a satisfactory conclusion.

 

Well done!!!

[wannabedebtfreesoon]

Well Done! It's good getting a positive judgement, isn't it?

 

As you have now had a favourable judgement, hopefully, a sensible offer to settle will be forthcoming too, and there will be no need to go to trial? You can then get on with your life! And the longest thread on the CAG can be brought to a satisfactory conclusion.

 

Well done!!!

Thank you! It certainly does feel good

 

I do somehow doubt that there will be anything sensible forthcoming from the other side! The Judge was desperately trying to discreetly encourage them to settle once it was over but they were too busy having a strop to listen. At present they are trying to pressure me into a CMC but they seem to forget that this is MY case and I get to make the choices, not them.

The problem they are now having is that their defence to the secret commission issue is not applicable to my pleadings or even their own defence lol! Their defence said "no commission was paid and the allegations are tantamount to allegations of fraud", but then at trial they admitted paying a commission but said it was only a small amount and so it didn't matter! They tried really hard to make an argument based on fiduciary duty but unfortunately got torn to shreds by the judge about it as that wasn't what was pleaded by me or defended by them and so didn't apply, (even if it did they couldn't reasonably show it in any case!).

The High Court Judge summed it up beautifully - "so Mr XXXXX, say you were hit by a bus on the way here today, then who would've been here to tell me all this????"

 

I believe they want a CMC so they can try to get the judge to agree to amendments to the pleadings but I have told them I am not willing to amend anything and I am happy for the case to be remitted as is. Unfortunately they are not listening and are making up some rubbish about how witness statements will need to be filed and the length and venue of the hearing decided! I am sure the court are perfectly capable of making those minor directions all by themselves.

The real problem here is that their 'professionals' got beat in front of a High Court Judge by a lowly LiP

 

I have quite plainly told them that the issues are not substantially different from those at the original trial or the appeal hearing and so nothing further needs discussing, but for some reason they aren't very happy with that.....

[wannabedebtfreesoon]

So where does the law stand now? What has changed? If someone enters your property and takes your car, you may claim for breach of statutory duty or common law of trespass and receive nominal damages. This is a long way from what people were saying much earlier in this thread. SO WHAT HAS CHANGED??? HELP.

It has turned into a very complicated issue, unfortunately there has never been previous case law on this issue itself so this was always going to be a test case.

 

The law is that they are not allowed to enter your property and remove your vehicle without a court order, if they do you can make a claim for breach of statutory duty. In Goode Consumer Credit Law and Practice it is stated that the damages awarded will be akin to trespass, so the award will be based on how much of a trespass occurred. In my case all they did was step on my drive so for this I was awarded nominal damages, that is not to say another case would not be different with respect to the damage caused.

 

Now this is where it gets a little more interesting....my claim was for Unfair Relationship under Section 140 of the CCA 1974. I claimed that their breach of statutory duty, along with the payment of secret commission, gave rise to an unfair relationship. For this the powers of the court are wide ranging, I have claimed release from all further liability and return of all monies paid, effectually restoring us to the position we would've been in had the agreement never been entered into. This amount will be decided as a result of the remit of the case back to County Court and I will update as soon as I hear the news.

 

The appeal judge found that original judgment was wrong and so set the whole thing aside, it now has to be remitted to the County Court for them to give the right judgment.

 

As an aside, there are other parts of Goode that make reference to the criminal consequences of their actions, but that's another story!

 

If I could give any advice based on my experiences it would be this:

 

• Don't start anything like this unless you have balls of steel!
  
• It isn't a quick way to make some cash, it's about fairness and standing strong for what is right.
  
• It should be a lot easier to make a claim of this sort now that findings have been made by a High Court Judge
  
• Even if you are awarded nominal damages, you will still have won in principle
  
• Don't put all your eggs in one basket and keep things simple. If there are other issues you have with the lender then raise them, all the issues I raised have accumulated to make very good overall picture of their deceit and how they have treated me.
  
• Be prepared for a fight to the death, the other side will not ever want to admit defeat!
  

That's pretty much all I can say really, it has been an immense struggle to get to this stage and one I very nearly didn't complete. Nonetheless, it's over now and I can look my beautiful girls in the eye and tell them that mummy didn't give in to the bullies......priceless

[cab1ne]

ABSOLUTELY "BRrrrrrrrrILLIANT"

DAVE