Harsh Letter received from Kensington *Claim struck out in court*

[jamorgan]

Hi Rbrears

If everybody thinks I should then yes and I would like to very much,

but have a few doubts about the risks involved , as I do not know the system and what i am likley to face again

I certainly could not appeal without a legal representative (but obviously costs are an issue)

What do you think rbrears?

Do you think I should appeal regardless of the Transcript or hang on for that and then decide

M

[Bona]

Hi Morgy

When will you get the transcript do you know, dont be afraid to write to the Judge that cost you nothing and it costs the otherside nothing their costs go on when they have to do something, if the Judge allows your appeal then you will have to think you can always withdraw or offer a settlement to the otherside ie you wont appeal if they cut you costs in half, what I'm trying to say is that writing a letter wont harm or cost you but not writing it may if you see what I meen what do others think

[mullingarman]

Sorry!! See post below.

[mullingarman]

Hi Morgy,

 

On the issue of costs the court and the other party are bound by the overriding objectives of the CPR:

 

 

 

 

I think Kensington have breached these by sending a barrister into the county court (where solicitors tend to appear)to defend against a litigant in person. It would also be worth looking to see if any other claimants against Kensington have a similar defence to yours in which case it you could argue that its simply a template and could not therfore have cost so much. Who were solicitors?

 

Maybe I am naive but I'm new to this. If Kensington were in breach should the judge not allow it? The judge is responsible for the conduct of proceedings. Would the claimant need to raise an objection to the breach?

[The Avengers]

Hi Jamorgan

 

It would cost nothing to appeal,if the Judge then allows the appeal appeal to get costs revoked.

As Mulligarman says you could then withdrew the case if you felt that you didnt want to go through anymore.

[Guest willowb]

Jamorgan, I have been bouncing around these CAG walls for a long time now and I can honestly say that I have never come across anyone as courageous and graceous as yourself. What you are going through is truly gut-wrenching stuff and when you posted about the strike out I cried for you.....when you said that you were not very good at 'standing up for yourself verbally' I totally empathise with you, I'd be a bumbling mess if I had to do what you did......I really admire you and am well and truly subscribed to your thread, if only to let you know that I'm hoping and praying that their can be a justified ending to all this (if that is indeed possible).

 

Wxxx

[The Avengers]

Is the Law ever justified when big wigs like Kensington walk all over people and the little people have to go broke.Unless you are loaded you dont seem to have a chance.Thats why we need a fighting fund to help evrybody so that at least we can take on The BIG GUNS.!!!

[mullingarman]

I agree with The Avengers. We need to get the fund going firstly, to help jamorgan out so she can continue the fight if she is up for it. Then continue with a fighting fund to help with a test case all the way to House of Lords if necessary.

 

Got to give it to Jamorgan she's got lots of bottle I'm not sure I would have had the courage she has shown.

[Les Gunn]

I think jamorgan has gained great strength from the sheer numbers of people behind her on this issue. I would also like to think that the CAG "people at the top" would also endorse that in order to move this on, we have to fight as a group to push through this class action and maybe have a chance of winning a test case, meaning thousands (millions?) of people will benefit in the long run.

 

Personally, I think we can dwell too much on one particular court case and the decision that was made. BUT:

 

*Every judge is different.

*Every case has it's individual merits/circumstances.

*We should focus on tightening up the Case law and maybe looking to counteract any arguments likely to arise.

 

The sooner we formulate that plan, the better....anyway back to my SPML strike out defence lol!

 

[Les Gunn]

ps...Kensington (in my view) have brought in the big boys because they are very WORRIED at what's happening around them!

 

[jamorgan]

Hi to all ,

How are you all doing,can't wait to get the ball rolling again but awaiting on the bloody transcipt.

Thanks again for the comments and support some fantastic people on this site with the lovley kind words and thoughts people post to me and others you are all truley wonderful people.

Shall I still hang on for the transcipt before writing a letter of appeal (which i'm sure you will help me with because i havn't got a clue what to say)

Do we all think this is the right thing to do?

M x

[Bona]

Have they given you a date for when the transcript will be ready.

[priestley1965]

Hi Jamorgan,

 

I have just posted on my thread a copy of my notes which I used at court!

 

Hope you are feeling better about the whole situation!

 

Alan.....

[gizmo111]

Hi to all ,

How are you all doing,can't wait to get the ball rolling again but awaiting on the bloody transcipt.

Thanks again for the comments and support some fantastic people on this site with the lovley kind words and thoughts people post to me and others you are all truley wonderful people.

Shall I still hang on for the transcipt before writing a letter of appeal (which i'm sure you will help me with because i havn't got a clue what to say)

Do we all think this is the right thing to do?

M x

 

How long will the transcript take - cos you now only have a week left - maybe start the letter and fill in the case law etc, and then personalise it to the transcript- I beleive rbears said he would help also - just my thoughts .

[ellielou]

Hi Morgy

 

Glad to see you still fighting the big boys - I was so down hearted when I read your thread after you'd been to court but it sems there's hope yet.

 

 

Just got my disclosure list ready to send to the courts - I have a hearing date scheduled for sometime in June, so I have a while to prepare yet - I hope I get some of your courage before then.

 

You've done a great job so far, stick with it.

 

Ellielou x

[paulpb123]

Any news today on the transcript Morgy? It's probably time to start drafting the appeal, as Gizmo says, and then adapting it. Zoot's point about Kensington abusing the process by hauling in a barrister seems like one avenue. I do think we need to get a move on with this. I've been trying to contact aforementioned cousin (who's a contract lawyer and should be able to help) but with no success. I'll keep trying.

Good wishes,

Paul

[jodyperry]

hi

 

is the fund still going to help with legal costs i have just started the ball rolling with my erc luckily mine are under 5k but this is so saddening to hear and i would like to help!!

[jamorgan]

Hi guys,

Sorry been out all day just got in.

Lady rang me from transcipt place earlier to advise she has sent the judgement back to the court today for the judge's approval so I should get it within the next couple of days.

Shall we get this letter of appeal started or shall we hang fire another day or two?

help!

[Bona]

If I remeber rightly you have to write to the Judge within 14 days and today is only the 8th as long as the court office gets it buy 14 which will be Monday you have time , as long as you get the transcript by the weekend , you can fax or Hand deliver a letter on Monday I dont know what others think you could start putting things together different point that you want to put and alter it when you have seen the transcript, your lucky I'm still waiting mine and this is on a case from the 11th decmber !!!!

Bona

[rocket1]

Jamorgan, you have my support too.

 

But I am slightly confused by your case. I thought other people had successfully recovered ERC's. Is that not the case ? It appears from this thread that your is the very first attempt at recovering an ERC. and no one has done it before.

 

Can someone enlighten me as to whether any ERC's have been recovered yet ? Is this one of the first attemtps ?

 

I need to know what is going on as I have four very large ERC's to try and recover.

 

Nick

[zootscoot]

We've had 15 ERCs settled out of court. This was the first to go to court for a strike out hearing.

[rocket1]

THANKS ZOOTSCOOT. That does make things much clearer. What does worry me about this recovery process is that so far people succeeding in recovering charges by means of out of court settlements might just be lucky.

 

This is because once it is established quite clearly by court decisions that ERCs and other charges are recoverable there would be such a flood of demands which the financial institutions would have to legally comply with, the financial industry would be thrown into chaos.

 

I'm all for that, but it does strike me that they might just get together and with their unlimited wealth, do anything they have to in order to get a court precedent or perhaps legislation in their favour to prevent what might become a tidal wave of recovery demands.

 

I find it difficult to imagine they will not only give up their £4.5 billion a year in charges, but leave themselves open to perhaps about £20 billion in past charges to repay to an aggrieved population. It would be an historical financial earthquake, so to speak.

 

It just sounds all too good to be true, and I feel sure there must be a catch somewhere.

 

That is why it is so essential to make sure that we bring test cases like jamorgan's. this must be organised meticulously well and we really must get the very best legal representation for it.

 

nick

[jamorgan]

Will ring transcript lady tommorrow and chase,

Could somebody please help me with an appeal letter, if possible

sorry to call on you guys but really need the help

 

thanks x

[kennyh]

Please can we have an opinion on Mullingarmans follow up question at #229 re the introduction of barristers at County Court. Now that it appears to have happened on more than one occasion are we to assume that 'they' can wheel out the big guns, or is this an area where a contest might go our way?

[gizmo111]

Will ring transcript lady tommorrow and chase,

Could somebody please help me with an appeal letter, if possible

sorry to call on you guys but really need the help

 

thanks x

 

Post your transcript when you get it morgy and you wil lget plenty of help, which you are more than welcome to.