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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Humblemans Appeal –please Read Post #1 Before Posting


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It is interesting the term technical it may be that the law is technical however if we have laws god for bid that we know the law

 

So yes the judge has missed directed her self in the sense that the law is not technical just she does not want to up hold it.

 

 

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Hi Humbleman, I can appreciate all the hard work and research you put in to your case. To have all that toil swept aside by a blinkered judge is initially soul-destroying (I know only too well). It will make your resolve stronger though, I guarantee it.

 

In the meantime, here is something (relevant) for you to read -

 

"the Court of Appeal ruled that if there was evidence of “an apparent bias” (meaning a possible bias), then inconvenience, costs and delay in finding a substitute judge were not acceptable reasons for the original judge continuing to preside"

 

Linky here-

The Law Explored: judicial bias - Times Online

 

All the best,

Bill

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Hi Humbleman, here is something else -

 

"There are many examples of cases in which the impartiality of a court, tribunal or arbitrator has been challenged. The House of Lords has held that overriding consideration to be taken into account is "....... whether the fair-minded and informed observer, having considered the facts, would conclude that there was a real possibility that the tribunal was biased (Lord Hope in Porter v. Magill [2001] UKHL 67, [2002] 2 AC 357, HL(E) at para 103). The practical application of this test in the context of a complaint that an employment tribunal chairman was biased would be to say "If it would appear to a reasonably informed bystander that the Chairman was showing favour to one side unfairly as against the other, the Chairman would have acted in breach of [his][her] duty"

 

I know this relates to an employment tribunal, but surely all courts would need to adhere to some kind of standard?

 

Linky here -

Bias

 

As your DJ did not imply that her preliminary findings were "provisional only" then her statement(s) would have given your proceedings somewhat of an "uneven keel" don't you think?

 

Just to add, you have asked whether retaining a solicitor or counsel from the same firms that represent the banks is a good idea. I would go a small step further and say, as DJs and DDJs are usually still practising solicitors or barristers, how can anyone be sure that your DJ hasn't represented banks in the past (maybe even your claimant). More importantly, isn't currently representing your claimant elsewhere? How would anyone know?

 

Bill

Edited by Bill Shidding
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Humbleman and VJ could, as they know her name, but I think it's a red herring. There's a distinction between prejudice and bias. Stick to the points of law and nothing else, because only points of law and procedure will be considered in an appeal. Questioning the integrity of a judge is not the way to go in an appeal if you want to win.

 

It was her prejudice that caused her interpretation of the law to be incorrect, in my view, but the appeal has to be based on her failure to apply the law correctly - the prejudice is a sideshow (albeit an important one).

 

For example, you can claim that the judge has misdirected herself - your evidence for this is that her statements make it clear that she believed you to be avoiding debt and not to have presented evidence, points you can refute easily. An appeal judge will clearly note the prejudice, but you will have presented it as a problem of law. It's a subtle difference, but an important one.

 

The prejudice issue is a matter for complaint, made through other channels. I queried in an earlier post whether there's anything to stop you making a complaint at the same time as an appeal, but clearly the appeal must take precedence.

 

Fairness doesn't come in to it, sadly.

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I have read this and your other post with great interest humbleman and have had nothing useful to add thus far, so I haven't.

 

I see your argument as a relatively simple one. This was a moral judgement and not a legal one. The judge made an assumption on your morality and that deviated her from sticking to the law.

 

I have experienced this argument to be enough a. to have judgements set aside and b. as valid reasons for appeal. Albeit in different types of circumstances, but the law is the law nevertheless and judges are paid for and expected to abide by it.

 

Prejudice is a strong word, morality is slightly more subtle but still gets the message accross

 

I wish you good luck and will be following with interest

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IMO, Bill's points & links will be very useful when it comes to making a complaint about the judge, but I agree with DB, stick with points of law for your appeal HM.

 

Whilst this judge may have shown bias, to get anywhere on allegations of mistrial, IMO you would also have to show that she had a financial (or similar) interest in the claimant. By implication this should have included any past or current pecuniary reward from representing that client, in which case she should have stepped down.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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sorry dont agree entirely. I think we would all agree that if the judge had a direct and personal (eg financial) interest, she should have stood down. That though would be determined in quite a restrictive way. If she had an interest in HFC that would disqualify her (I think), but not if she had shares in RBS (as if she would be that stupid).

I think we could all agree we all have prejudices - some people support Arsenal, while others prefer Chelsea to take just one example - there are some things we like and others that we dont. We all draw distinctions, sometimes in ways that lack rationality. That is part of being human, and judges are affected by this in the same way as the rest of us (yes, judges are human - good humans? Discuss). However their job is to apply the law in a detached and professional way, not to begin a case from the perspective of "I hate debtors". This isnt a unique problem for anyone who has come into contact with the judiciary. Griffith's book "The Politics of the Judiciary" set all that out more than 30 years ago now. However in most of the cases that Griffiths refers to what the judge did was to take the law and apply it in a way that was not inconsistent with the words on the page, even if it was not what Parliament intended (for instance that while inducing a trade dispute - a strike - was protected, the threat of this was not - Rookes v Barnard 1965). What they did not do, was to make clear their distaste and then bring down a judgement which simply ignored the words on the page, which, it seems to me they did with Humbleman. The degree of personal prejudice that was applied in this case was not only unacceptable, it was frightening.

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I agree that Humbleman should concentrate on the mis-interpreted facts of law in any appeal. I would also keep in reserve the lady Judges strong objectivity to the defence. The whole point of being called a "Judge" is to keep personal thoughts seperate from the law. ie being subjective.

Her words hardly convey subjectivity or any doubt as to her personal viewpoint. I repeat that if her preliminary findings were not labelled as "provisional" then on the "balance of probabilities" any argument was lost before the hearing started.

Our judiciary is purportedly the envy of the world, until you scratch the surface, allegedly.

 

Bill

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Humbleman, you must feel it's flying in from all directions here!

 

I think we all know what went on, but most people here seem to agree that you have to be a bit stoic - put the unfairness and unjustness aside and concentrate on building the legal case. I think the input from your barrister will really crystallise things. After all, the rest of us are rank amateurs!

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Humbleman, you must feel it's flying in from all directions here!

I think the input from your barrister will really crystallise things. After all, the rest of us are rank amateurs!

 

When I manage to get one, of the 6 I approached (who have knowledge of CCA)

 

1 on holiday

2 not direct access

2 several calls and emails no response.

1 wants 3K just to read up things and won't accept electronic files more

than 10 pages.

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HM, have a look at this, post 74 by diddydicky. That's the kind of judge you need - hopefully a quick read will give you a bit of confidence in the judiciary. There are some strong similarities with your case evidence, but not in the judge's conduct.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start-4.html#post2724036

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appeal, re-opening of. Where there are exceptional circumstances (eg, allegation of judge’s bias), CA possesses power to re-open an appeal which has already been determined: Taylor v Lawrence (2002) 152 NLJ 22i. For ‘bias’, see Porter v Magill [2002] 1 All ER 465.

also the evidence you had already submitted to both the court albeit late evidence had already been submitted to the OC this they cannot deny it was an oversight on your part not again bringing it to the fore ...

patrickq1

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Just show HM, that sometimes justice does prevail & it took delfi 3 years to get this result! Just keep plodding..

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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