Humblemans Appeal –please Read Post #1 Before Posting

[humbleman]

*

Please note that I started this thread for the purpose of my appeal, Judgment is at this link

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/130101-humbleman-hfc-weightmans-court-42.html

 

So that it may help others in future I request you not to litter with useless posts such as subbing, good morning, having a pint etc. This will help to keep the thread short and as concise as possible

 

Only post comments to do with the apeal, its process, and in particular if you have any suggestion as to what makes a good

Grounds for Appeal

and

Skeleton Argument

 

 

Thanks

Edited January 21, 2010 by humbleman

[justify]

*

Please note that I started this thread for the purpose of my appeal, Judgment is at this link

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/130101-humbleman-hfc-weightmans-court-38.html#post2709253

 

So that it may help others in future I request you not to litter with useless posts such as subbing, good morning, having a pint etc. This will help to keep the thread short and as concise as possible

 

Only post comments to do with the apeal, its process, and in particular if you have any suggestion as to what makes a good

 

**********

 

Others will know better but aren't judges required to assist Litigants in Person and show understanding if they are not fully conversant with procedures?

 

J

[seriously fed up]

subbing with interest and good wishes

[humbleman]

I need to get a engage a barrister imminently, if anyone knows of one that specializes in CCA, please let me know, PT has already suggested one but since he is not Direct Access, that still me to getting a solicitor in order to engage him. I haven't ruled out that option yet.

[diddydicky]

have you pm's angry cat- she might know one

[humbleman]

have you pm's angry cat- she might know one

 

WILL DO

[broken arrow]

subbing

[humbleman]

is it sensible to employ a barrister from a chamber that also has barristers representing banks.

[Mydogsawestie]

Hi Humbleman have deleted my posting on your thread having read posting #1 above & have used your thread to post my similar situation instead - Sorry to have posted on here in error i really am. Thanks MDAW

Edited January 19, 2010 by Mydogsawestie

[diddydicky]

is it sensible to employ a barrister from a chamber that also has barristers representing banks.

 

happens all the time

 

i take it you refer to GC?

[humbleman]

happens all the time

 

i take it you refer to GC?

 

You think it has any bearing on the outcome

[diddydicky]

no, it the only one i know of that does as you say

 

i would have thought that "inside information" could work well for you

[foolishgirl]

is it sensible to employ a barrister from a chamber that also has barristers representing banks.

 

Barristers represent the interest of whoever is paying their fees on a particular case. Like dogs, they would be unwise to bite the hand that feeds them. So you should be OK employing Chambers that represent the opposition in other cases but you may feel more comfortable with a company with more tangible independence. It's your choice HM...

[Gazza112]

Hi Humbleman

 

Sorry to hear your outcome in Court.

 

I've not used this company, but someone gave me this link to Barristers a while back, don't know weather it will be any use to you.

 

Matthew Cook | Barristers | One Essex Court

 

 

Gaz

[Docman]

H

 

Attached is a copy of the instructions I used last year and a set of the steps to take to instruct a barrister under the Direct Access scheme. I'll PM you the name of the barrister I used who has acted for a number of other caggers.

 

Only snag with the Direct Access scheme is that you have to pay up front. I paid £400 for just over an hour's reading of the documents and a conference meeting of about an hour. He suggested I could draft my own amended defence as he thought I seemed to know what I was doing and it would be cheaper than him doing it. He know that most of it came from CAG anyway. But during the meeting we had, he covered all the points I needed in great detail and produced copies of the relevant cases and regulations. Well worth the money - which I got back when the claimant discontinued.

 

Another good point was that he prefererred all the documents to be sent electronically, which helped with the printing and photocopying.

STEP BY STEP INSTRUCTIONS.doc

Docman's Instructions to Counsel.doc

[humbleman]

thanks Docman

[the_shadow]

thanks Docman

 

Seconded... squirreled away for future usage.

 

S.

[humbleman]

following on from Docman's information apart from items 1 and 2 which I have dealt with I need someone to look at the following which incorporates item 3 what the case is about and item 4 what I want from the counsel

 

Please indicate any changes in different colour.

 

Thanks

 

Counsel is instructed on behalf of Humbleman in connection with a Judgment in favour of the Claimant for a claim arising from from an alleged agreement with Beneficial Bank Plc which was later transferred to HFC Bank and assigned to Phoenix during the course of the claim.

Counsel will see from the correspondence that Humbleman made a request to HFC for a copy of the credit agreement pursuant to s.77/78 of CCA 1974, by their own admission the application form that HFC was not legible but they went on to terminate the agreement and handed the matters over to their solicitors Weightmans.

Counsel will see that a Defence was lodged and that Allocation Questionnaires were exchanged. The claim was transferred to the Defendant’s local county court where the Claimant was asked to serve their reply to defence again since they missed out the exhibit (namely terms and condition) not only in my copy but also the one they sent to the courts. The claim was issued in Feb’08 and I eventually got to see the copy of terms and conditions in March 2009.

 

The matter was listed for a trial in July 2009, but on courts own motion vacated this and there was another CMC in October 2009

 

At this CMC Humbleman questioned the POC and argued they are incorrect because his card was with Beneficial Bank and not HFC, Humbleman further argued that the assignment has not been perfected, and the claimant argued that by an Act of parliament they had taken over Beneficial Bank that was good enought to word the POC as though I had an agreement from HFC, and because they had sent me a letter saying the debt was sold Phoenix, that was sufficient to change the name of Claimant from HFC to PHoenix.

 

The Judge gave them an opportunity to file a further WS to rectify any assignment issues, The claimant said they will, but they didn’t. Humbleman further argued that the claimant can’t enforce this through the courts since they have an application from Beneficial Bank PLC followed by terms and conditions from HFC Bank and the terms and conditions don’t belong to each other.

Humblemans case is outlined in his WS and defence.

Humbleman is looking at the counsel to advice on the merits of the case and then to prepare grounds for appeal and skeleton argument.

Edited January 20, 2010 by humbleman

[diddydicky]

Seconded... squirreled away for future usage.

 

S.

 

thirded, likewise

[humbleman]

I have now got the form N460 ANDthe reason for refusal to appeal is:

 

Findings of facts made against defendant-who was not believed. Various technical points of defence were not sufficiently established on the facts.

[Docman]

I have now got the form N460 ANDthe reason for refusal to appeal is:

 

Findings of facts made against defendant-who was not believed. Various technical points of defence were not sufficiently established on the facts.

 

 

Is that it? The sole grounds for the judgment? Amazing!!

[Mydogsawestie]

Hi humbleman - so sorry to read your posting - what a joke, its unbelievable now all of this!! I am wondering if there is any point in me appealing now on my thread against my wrong judgement issued (they have been photobucketed up for you now as requested) #294

http://www.consumeractiongroup.co.uk/forum/legal-issues/185814-court-papers-help-required-15.html#post2714887

Is this N460 the form I should be using???

[humbleman]

Is that it? The sole grounds for the judgment? Amazing!!

 

That's it

 

and here is the opening ph. of the Judgment

 

By this action the claimant seeks to enforce payments due under a credit card agreement made initially between the Beneficial Bank and the defendant in 1998. This case is one of an increasing number of rather unsatisfactory cases where opportunistic defendants who are in debt, whether or not they are able to pay those debts, seek to avoid paying those debts by raising a number of very technical points under the Consumer Credit Act 1974, hoping to trip up their creditors and thereby avoiding the enforcement of the debt.

[DonkeyB]

Oh dear. That statement will come back to haunt her. That is NOT a judgment of law.

[justify]

That's it

 

and here is the opening ph. of the Judgment

 

By this action the claimant seeks to enforce payments due under a credit card agreement made initially between the Beneficial Bank and the defendant in 1998. This case is one of an increasing number of rather unsatisfactory cases where opportunistic defendants who are in debt, whether or not they are able to pay those debts, seek to avoid paying those debts by raising a number of very technical points under the Consumer Credit Act 1974, hoping to trip up their creditors and thereby avoiding the enforcement of the debt.

From what I've seen - and youve been very open with us CAGGERs - this and the reason for refusing appeal is/are scandalous. Sorry, but I cant find anything else constructive to say. I very much hope your barrister gives you the opinion youre looking for.

 

J