Another Court Hearing 14/06/10 Skipton/Amberloan/Cabot/Morgan's V Me!

[Martel]

They are not allowed to advise, but nothing wrong with saying this will take 10 days to process..the court staff out the shires have done this.

 

My court is clearly a law unto itself. I will pursue it.

 

EVERYTHING was my fault in the hearing - the fact the court hadn't processed the app, the fact I hadn't served it on smug barrister (app asks who else should be served....so assumed my £40 went toward getting it to the barrister), the fact that I'd said at previous hearing 'see you next weds' to the DJ, off the record, as though you would say 'see you later' as evidence the hearing should proceed, the fact that the DJ was not in on Friday when I called to check the progress of app, the fact that a court employee left me a message saying since DJ wasn't in that day, the app would be looked at by the DJ at the beginning of the hearing.....all my fault.

 

MXXX

[JonCris]

As your solicitors dropped you with little time to prepare yourself & the court refuse you a continuance your WILL have grounds to appeal any adverse judgment on HRA Article 6 grounds 'right to a fair trial'

[Martel]

As your solicitors dropped you with little time to prepare yourself & the court refuse you a continuance your WILL have grounds to appeal any adverse judgment on HRA Article 6 grounds 'right to a fair trial'

 

Hi Joncris,

 

Thanks for your post.....I think the glitch is the sols were never registered at court (I never signed an agreement with them). I submitted letters and emails to and from the sols to the court, which the DJ and barrister merely used against me - i.e., why didn't I get an agreement? - even though an email from the sols confirmed they were returning my files 3 days prior to the first hearing. Neither DJ nor barrister considered my disadvantaged position as a LIP.

 

It all defies logic. The clock is ticking...will now have to file an app to extend the N460 21 day time limit.

 

Considering the above, do you think the HRA works for me?

 

Thanks again for your input....MX

[JonCris]

If there was no agreement who issued proceedings you or them?

[Martel]

If there was no agreement who issued proceedings you or them?

 

Cabot issue the claim.

 

My sols had all my files for almost a year (there was a delay due to the test cases). I kept sending court docs and Morgan's sols' correspondence to my sols, who emailed me - most significant were my telephone conversations, in which the sols were VERY positive about my cases. Then, suddenly, my files are returned.

 

i produced a letter from the sols saying 'due to unforeseen circumstances, they could not represent me at the hearing.' DJ and barristers scoffed, as sols had never registered at court.

 

MX

[gh2008]

Was this a firm of 'proper regulated solicitors' or a firm of 'legal advisers' or one of the 'debt write off' firms?

 

If the former then what was the arrangement - was there even a formal arrangement?

[JonCris]

Cabot issue the claim.

 

My sols had all my files for almost a year (there was a delay due to the test cases). I kept sending court docs and Morgan's sols' correspondence to my sols, who emailed me - most significant were my telephone conversations, in which the sols were VERY positive about my cases. Then, suddenly, my files are returned.

 

i produced a letter from the sols saying 'due to unforeseen circumstances, they could not represent me at the hearing.' DJ and barristers scoffed, as sols had never registered at court.

 

MX

 

Please PM me with their name(s) so I can check them out

[gh2008]

I think the problem is is that they were never formally engaged.

 

Martel personally issued the Defence etc

 

We live 'n' learn

[JonCris]

I think the problem is is that they were never formally engaged.

 

Martel personally issued the Defence etc

 

We live 'n' learn

 

As may be but if they took ages to determine whether or not that there was a case to pursue, particularly if they knew a decision was time critical then they could still be in trouble.

 

If what the poster states in correct & they did leave it until a few days before the hearing before advising them of not acting then they could still be in trouble.

 

I would suggest that in order to show they had been dropped at the 11th hour the poster should reveal all of the correspondence/communications with the solicitor to the court & request an adjournment in order to regroup

 

The timing of the solicitors conduct is critical to establish whether or not negligence/misconduct did occur .

 

That said & assuming it happened as described IMHO they should not have dumped the poster at the last minute

[JonCris]

I think the problem is is that they were never formally engaged.

 

Martel personally issued the Defence etc

 

We live 'n' learn

 

 

If as the poster claims correspondence was exchanged over a period of time then it's possible a contract can be implied.

 

Whatever happens the poster needs to take advice from a professional negligence expert/lawyer

[Martel]

Hiya,

 

Have to file an app for an extension. On the N420...does anyone have any experience on that???

 

I’ve just rec’d the order from the Court – all it states is how much I should pay – I thought there might be more info as to the DJ’s more elaborate dictation at the end of the hearing (i.e., why the DJ was throwing the book at me). I suppose I now have to get the hearing transcribed.....

 

Oh, and Cabot are calling and ‘orally’ texting my landline continuously.

 

Ugh....MXX

 

PS Hi to the FIVE guests.....are you the same ones that have been looking over my other threads?????

[Housed]

subbing

[Martel]

Hiya,

 

Am filing an N244 for a 35 day extension to file an N161 in reply to the N460 (I can't believe I know what any of this means).

 

Was just wondering if the following sounds okay in response to Question 3, What order are you asking the Court to make and why?

 

 

I am asking the court to extend the time period in which to file an N161 in response to the N460 issued on XXXXXX by an additional 35 days from XXXXXX, making the new deadline XXXXX. I need this time to secure legal representation and to obtain transcription of the hearing that took place on 14th June 2010.

 

AND

 

Question 10, What info will you be relying on , in support of your app?

 

The evidence set out below:

 

My solicitors ceased representing me 3 days before the hearing on 14th June 2010 and I did not have enough time find new representation or to secure consent from the Claimant or the court for an adjournment unless I agreed to pay the Claimant's legal costs within 14 days of the hearing. As an unintentionally unprepared litigant in person, I was severely disadvantaged in conducting my defence. My circumstances were not helped by the fact that I had to attend three hearings in seven days as a litigant in person.

 

 

Any advice from anyone? I never know how much to include.....thanks in advance, MX

[andrew1]

Martel, please forgive me if this sounds a little contrite, but I have been helping a friend of mine who had some very serious debt and I put him into Payplan which completely took the pressure off him from these creditors he had allowing him the time to concentrate on getting back into his business to do what was the first lesson I was given in business - to trade his way out of trouble, not borrow'.

 

Now I don't confess to understand your position overall, but it is plain you've had some kind of set - back to be landed with such difficult times. Would it be something worth considering getting into a Debt Management plan and staving off some of these creditors whilst you rebuild?

 

Just a thought, although I realise with court actions already in progress some of these may be far too late to escape from.

 

What I did was to then pick on one creditor at a time and slowly worked my way towards negotiating full and final settlements as funds allowed.

 

It just gives a breather whilst allowing you to focus on what you are good at and what makes you your income. I detect you are quite an astute character to have brought things thus far.

 

I wish you luck, but if you need any further guidance on DMP's just post away. If you are a good negotiator you'll be surprised how amenable some of these creditors are (with the exception of ***** of course )

[Martel]

Hi -

 

Need some advice here, please....

 

Cabot/Morgan's sols is running around, slapping COs on the freehold of my property (jointly owned with my neighbors!!) for the other Cabot claim (another thread) that I lost last summer.

 

I tried to appeal the lack of permission to appeal (if you follow) and rec'd from the Circuit court a notice saying my "permission to appeal is refused on the grouds that there is no real prospect of success not any other compelling reason why an appeal should be heard CPR 52.3(6) (a) & (b). the ntoice of appeal is 37 days out of time without any explanation (NOT TRUE). It is clear from the face of the order the appellant withdrew the application for an adjournment (HELLO! I WAS FORCED TO WITHDRAW AS THEY REFUSED MY APPLICATION FOR ADJOURNMENT OR PAY THE BARRISTER'S FEES FOR THAT DAY) and did not seek to contest the claimant's claim, a position from which they now seek to resile. Further there are no substantive grounds advance in the notice of appeal"

 

So, to avoid another CO, should I write to them and try to work out a payment schedule? I believe the judgment was a 'forthwith' payment (which I understand to mean the whole amount) but there's no way I can make that. If they force me into bankruptcy, then they get nada, as there's no equity in the property and I don't have any assets.

 

I'd be grateful if anyone had any (printable) suggestions for a letter to renegotiate terms with them.

 

Thanks!!!

[Gallahad]

I am of the opinion that no CO can be placed on a property that is in joint ownership. I will try to find the legislation that covers this and in the meantime perhaps one of our more knowledgable caggers will know the answer.

G

[Gallahad]

here it is

 

Charging order The myth

I feel that this is so important that I thought a new thread should be made to highlight the importance of understanding the law on Charging Orders and how many people are stuck with their property in the false believe that they have had a Charging Order put on their property.

 

In particular the thousands of Northern Rock customers that have had unsecured debt turned into secured debt by their tactics.

 

If your property is jointly owned a creditor will not be able to obtain a CO against you, they can only get what is called a restriction.

 

The laws on Restrictions are totally different to Orders, the most important being there is NO OBLIGATION for you to pay any of the proceeds of the sale to the creditor.

 

However, during the whole court process you go through the reference from all parties (especially the creditor) will be to charging order and NOT to restriction. This is done in order to decieve you believing you are stuck with a CO.

 

However, not all solicitors are aware of the law in this regard and it is important that you raise this point with them in the first instance before proceeding with them

 

Quote:

 

Restriction

 

 

The restriction which can be entered on the register where a charging order is made against one of joint proprietors is in the following form :-

No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of [an interim] [a final] charging order on the beneficial interest of (name of judgment debtor) made by the (name of court) on (date) (Court reference.…).

You are therefore correct in saying that when the Land Registry receives an application to register, for example a transfer, we will not ask to see the consent of the person who has the benefit of the charging order. We will only want a certificate from the applicant for registration or his conveyancer that the person who has the benefit of the charging order has been given written notice of the transfer.

 

If both joint owners sell the land to a third party the restriction will be cancelled when the transfer to the purchasers is registered.

 

 

So I hope I have provided benefit to everyone who has had a restriction entered against them (especially NORTHERN ROCK CUSTOMERS) who believe wrongly that they are Charging Orders.

 

You now have the freedom to go and sell your houses with the knowledge that the vultures can do nothing

 

I also think this VERY IMPORTANT point needs highlighting by the moderators as many many people are stuck with houses that they believe they cannot sell

[Gallahad]

double post

Edited October 12, 2010 by Gallahad
Double post

[Martel]

Gallahad,

 

Thanks so much for your brilliant posts - the more I get into it, the more I realise how corrupt the UK legal system is.

 

I will reread and assimilate the information tomorrow.

 

Enormous thanks!!!

 

Martel

[Gallahad]

Gallahad,

 

Thanks so much for your brilliant posts - the more I get into it, the more I realise how corrupt the UK legal system is.

 

I will reread and assimilate the information tomorrow

.

Enormous thanks!!!

 

Martel

 

 

you are most welcome martel you can always give my rep a tick

G

[Martel]

Gallahad, since this relates directly to my other thread 'Court Hearing on 9/6/10 Egg/Cabot/Morgan v me Please Help!', do you mind if is paste your above posts into that thread?

 

you are right about the ambiguous terminology used by the sols - the LR docs have just come through

 

See you on the other thread, I hope!!

[Gallahad]

Hi martel please feel free to do anything that furthers the cause and i already subsribe to your other thread and watching with interest.

G

[Martel]

Thanks so much. Gallahad.

 

I've pasted your post onto the other thread.

 

And I've posted what I rec'd from the LR today - the language is a bit different from your post. Wonder if you might be up for a little interpreting?

 

Thanks!!