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

[wannabedebtfreesoon]

I've been following your exploits for sometime, on behalf of all of us,

 

Thank you, to your husband who has supported, to your family and friends who were there for you.

 

You remind us all that when things are dark and overpowering that the needs of the one are answered by the many. Together we can and do move mountains.

 

Best wishes

Your comments have really touched me, this whole fiasco has taken so much from me and my family. The support I have received on here and at home has been truly invaluable and I possibly may have folded before now without it. In return though, I feel it is my duty to see this through and achieve the result I set out to achieve.

 

The judge went to great lengths to prove my case for trespass and did actually rule in my favour in that respect, but awarding nominal damages goes nowhere to discourage unscrupulous creditors from carrying on with these unlawful activities and totally flaunting the law. I'm afraid I just can't let this end here, the repercussions would be entirely ridiculous.

 

Thank you again for your kind words and support x

[postggj]

I still cant get my head around section 92 of the cca

 

its in black and white in front of the judge

 

why did he rule against and ignore it ????

[wannabedebtfreesoon]

You could ask for the senior circuit judge to review the case as clearly the judge didn't know what powers he had in a county court.... might be a case against the judge here/

On the contrary, I believe the Judge knew exactly what powers he had, he just chose not to be responsible for the repercussions of ruling in my favour.

 

To be fair to him if he had ruled in my favour his name would be all over everywhere by now and set to be used as 'persuasive' in many, many cases from here on. The politics of this case appear quite clear to me now, if only the law was about justice and not politics things may well have gone differently. Hey ho, I suspect that's just my naivety in expecting a wrong to righted

[wannabedebtfreesoon]

I still cant get my head around section 92 of the cca

 

its in black and white in front of the judge

 

why did he rule against and ignore it ????

From well before the closing submissions the judge was already hinting about an appeal. Whatever his reasons, the judge had decided very early on that this case should be heard 'elsewhere' and not in his court room on that day.

 

I had the wonderful opportunity of cross examining Mr P in the witness box, that in itself was priceless The amount of very awkward silences and mumbled responses was a picture! At one point the judge even said to him 'Mr P, please try to give some kind of answer', and yet he still found in their favour!

[postggj]

so mr p still works for welcome does he

 

not for much longer then

[wannabedebtfreesoon]

so mr p still works for welcome does he

 

not for much longer then

I actually quite liked him, he's a funny man and not quite the confident, all knowing oracle he makes himself out to be! His 'rabbit caught in headlights' desperate looks from the witness box over to his counsel were very amusing

[wannabedebtfreesoon]

I'm going to need some help with filing this appeal I think, I know very little about the appeals procedure-not for too long I hope!

 

Perhaps I should start a new thread in Legal Issues??

[wackyone]

sorry to hear the outcome wannabe,

you will win this just at a higher level, which hopefully will set a precedent for all similar cases in the future

[dcahelp]

wow, its taken me most of the afternoon to catch up on your thread!!!! I can't believe you didnt get an outright victory!!!!!!!!!!!!!!

 

Are you going to file straight away or take a breather? I think you need a breather, but thats just me....

 

I am just reading thru cag, with no issues of my own with welcome, but omg, I cant believe Welcome are actually getting away with things like this...

 

I hope you find the strength to carry on.... You have been so strong and the support you are getting from other caggers in amazing.... Good Luck in your continued fight, I will be watching

[slgsue]

Its such a shame that the judge didnt want to take responsibility to make a ruling, from reading your threads I actually think its down right irresponsible of him. He is a judge, that is their job, to make difficult and potentially groundbreaking decisions.

 

I think you are an incredibly brave, strong, intelligent woman with a bl@@dy strong case, (I had tears in my eyes when you told us about getting the car back!!!). I hope you do the right thing for you and your family and a nice holiday could help!!!

 

Good luck in your future battles, from what I have read so far there is no doubt you are a fighter. x

[wannabedebtfreesoon]

sorry to hear the outcome wannabe,

you will win this just at a higher level, which hopefully will set a precedent for all similar cases in the future

Thanks Wacky, that's the plan my friend x

[wannabedebtfreesoon]

Its such a shame that the judge didnt want to take responsibility to make a ruling, from reading your threads I actually think its down right irresponsible of him. He is a judge, that is their job, to make difficult and potentially groundbreaking decisions.

 

I think you are an incredibly brave, strong, intelligent woman with a bl@@dy strong case, (I had tears in my eyes when you told us about getting the car back!!!). I hope you do the right thing for you and your family and a nice holiday could help!!!

 

Good luck in your future battles, from what I have read so far there is no doubt you are a fighter. x

Thank you x I'm kind of glad the judge did it the way he did. The issues in this case were huge and definitely needed more scrutiny than a one day County Court trial could have afforded. I really feel like the ground work has been dealt with and next the real decision will be made in a place where it can actually make a difference.

 

I was genuinely touched reading your comments, you've made my day today thank you (and it's my birthday too!)

There are many times when I feel less than brave and my strength falters, but my stubbornness always gets me through in the end lol! My children are 6 and 8 and I wouldn't be able to settle if I didn't think I was teaching them to always stand up to bullies and fight for what is right

 

When the trial was over I left the building and got in my car

[wannabedebtfreesoon]

wow, its taken me most of the afternoon to catch up on your thread!!!! I can't believe you didnt get an outright victory!!!!!!!!!!!!!!

 

Are you going to file straight away or take a breather? I think you need a breather, but thats just me....

 

I am just reading thru cag, with no issues of my own with welcome, but omg, I cant believe Welcome are actually getting away with things like this...

 

I hope you find the strength to carry on.... You have been so strong and the support you are getting from other caggers in amazing.... Good Luck in your continued fight, I will be watching

Thank you for your support, I really do appreciate it. Yes the trial was a travesty but I have taken a lot of positive things from it and shall take them forward into the next and hopefully final round. The trial started at 11am and ended at 4.30pm and during those long hours I learned that I was actually capable of standing up in a huge courtroom and fighting my case against a barrister, a solicitor, a legal compliance officer and one of their witnesses. They sent 4 men to deal with me and they certainly didn't get the whitewash they were hoping for! There were several points they had to concede and several times when they couldn't answer my questions without very red faces.

I am 33 (today) and not particularly tall, so no matter what else comes of this, I already feel a sense of achievement

 

I have 3 weeks to file my appeal so I will use all of that and not rush into anything, as much as I want to lol!

The more I read on cag about the continued devious antics of welcome, the more determined I am to not let them get away with this. They clearly haven't learned anything and are still trying to flaunt the law There's even a brand new thread saying they are trying to repo a car without a court order when well over half has been paid!

 

Thank you for your support and I will continue to fight to the bitter end.

[GSMGuy]

Sorry to hear the Judge couldn't understand plain English...

 

Just think of the £££ when you win!

 

Mike

[cab1ne]

well, at the end of the day. its not the judge that is paying for it or coughing up huge court costs for the losers (welscum) when wannabe slaps there candy ar$e.

 

who ever thought of "SAVE AS TO COSTS"

 

dave

[slgsue]

Hi Wannabe I hope you had a lovely birthday and took time to recharge those batteries!!!!

 

Good luck with the next stage, I am sure we will all be watching and offering our moral support if nothing else. xx

[JamieNeedsHelp]

Awesome, truly awesome.... What you might ask????..... The dedication and support on this forum... It truly humbles me to see that when people really need help, that people will bend over backwards to help them....I started reading thread a few days ago, and have been following it since, and its turned into quite a big one, took me quite a while to get to the Current!!!

 

Wannabe... I hope this gets sorted out, and can say I will definately be following, what I consider a definate WRONGING! When you win your apeal, which I hope to god you do, you can look back on all this and think, you have learned so much through this, and that you will be the one laughing and not those at welcome..

 

Respect to youfor keeping at it, I know how hard it can be, the frustration, the not knowing, and the feeling of non-justice, its caused me many sleepless nights, and has seriously reduced my quality of life...

 

Big Respects to the peole on here, almost brings a tear to my eyes to see people working together like this... Some of the greatest things in this world have come about from the collaboration of people with a common cause, and the results are always immense. There is a lot of bad in the world, and we are led to believe that this is the mass, but really the fabric of our society is to help and to do good... Not everyone, but most people want to do good IMO.

 

Regards

Jamie

[wannabedebtfreesoon]

Hi Wannabe I hope you had a lovely birthday and took time to recharge those batteries!!!!

 

Good luck with the next stage, I am sure we will all be watching and offering our moral support if nothing else. xx

Hello, thank you I did have a lovely birthday x

 

I have had a few days to mope and moan and feel sorry for myself but now I'm all set to carry on the fight. It's a shame it's not over but it will be one day, so onwards and upwards as they say

[wannabedebtfreesoon]

Hello Jamie, I read your comments just before I went to sleep last night and your thoughtfulness and kind words helped me more than you know. It's so easy to forget that the world is full of good people willing to give unselfishly to help others when you're constantly faced with the contrary.

I am forever grateful for the support I have received from all the good people on here, I honestly believe without it I may well have given in to the dark thoughts that tell me to give it up because the little people can't win, irrespective of wrong or right

 

The truth is if I let this go in favour of the easy life I'll never forgive myself, so chin up....they may have won the battle but they won't win the war!

 

Appeal in progress...

[queensclose]

Spent the day in the sun reading this and most of the night. Country needs more people like you to stand up to "law to themselves" bullies

[wannabedebtfreesoon]

It appears my case was heard by a Circuit judge as opposed to a District judge so my permission to appeal will shortly be on its way to The High Court of Justice. Fingers crossed for some justice there, I've heard nothing from the other side in the way of attempting to enforce judgment and I will be requesting a stay of execution pending the outcome of the appeal, so nothing to lose by soldiering on

[postggj]

justice to set some ground rules it appears

 

be great if you set some case law we can all use8-)

[wannabedebtfreesoon]

justice to set some ground rules it appears

 

be great if you set some case law we can all use8-)

That's the plan!

[beachbird]

WOW i have learnt something new i never knew they could go onto your property and reposses like that, the laws seem to change but not tell people thankyou all for showing this, its very scary though:jaw:

[cab1ne]

WOW i have learnt something new i never knew they could go onto your property and reposses like that, the laws seem to change but not tell people thankyou all for showing this, its very scary though:jaw:

 

They can't go on your'e (or even ANY) property and repossess, it is irrelevant how much has been paid, THEY NEED A COURT ORDER (period)