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Grounds of Appeal - Any Lawyer in the house (Ell-enn)


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I don't know what type of case you have but this links to the pro bono unit. http://www.barprobono.org.uk/overview.html

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thank you for making a response.

That link does not link you directly to a Pro Bono lawyer willing to advice you without money. What that links does is to give exacerbate you misery. You would have got to them through CAB/Law centres and the minimum time is 21 days. As if that is not enough once you visit the CAB/Law Centres you would be given a voluminous to fill everything about your life history. To cap the insult is an undertaken that they cannot tell if any lawyer would accept your case. That takes the biscuit! Then why not have a simple form to check first whether a case is viable before having to ask someone to tell you his genealogies.

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It is sometimes possible to access directly but there aren't any short cuts. http://www.barprobono.org.uk/index.php?cID=how-can-our-volunteer-barristers-help-you

Anyone who is offering help whether paid or unpaid is going to need information from you to be able to help.

 

I would suggest that you check if any of your local solicitors offer free initial consultations to assess if they think you have a case or if they can help you.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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If you read my last post you should have seen I don’t need the links you keep sending. What I wanted is a specialist who is schooled or having experience in writing to very conservative judges who dislikes litigant in person. The idea is that this individual go through my episodes and tell me what these conservative judges don’t like, what would help my case etc. I do not need a representation in the court if that individual has not shown to be highly successful in his field of law.

If you may know I have visited six advice agencies and got zero efforts. They were actually the winners as they collected photocopies of my efforts so far and all they wanted to get from my working bundles. No one of the six is a housing specialist and they lacked knowledge. The last one was very frustrating for me. I called and specifically asked about housing specialist and was told they have one. Only for their duty solicitor after waiting three hours 27minutes to tell me she does not have that knowledge. Then she proposed to give me a Pro Bono form and submit before Tuesday next week.

The written responses from Ell-enn and pt2537 even if not relevance to our case scored points unlike these solicitors not scoring any points.

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I called and specifically asked about housing specialist and was told they have one.

 

You didn't previously say what area of law you wanted this specialist knowledge in.

 

If you're after housing specialists then I know that Arden Chambers do an awful lot of work in the area of housing and landlord and tenant:-

 

http://www.ardenchambers.com/

 

they do have some direct access barristers, I know that Justin Bates does direct access work:-

 

http://www.ardenchambers.com/index.php?page=justin-bates-cv

 

and I believe that he may also do pro-bono work but, as you have said that needs all the forms to be completed

 

 

If you're vaguely in the Midlands then these people in Leicester have direct access barristers with experience of housing law but I know nothing about them personally:-

 

http://www.newwalkchambers.co.uk/

Edited by nicklea
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There are no scales for anyone, they have been removed and replaced with a star at the bottom of the post for adding rep, and are fully functional unless a member chooses to disable this option. Posts on this thread which do not relate directly to the query presented have been removed. If you have a grievance about the site, or a member of the Site Team, you are welcome to email admin in respect of it - do not hijack a members thread to air it.

 

Please bear in mind that responses are not automatic; complaints can take a lengthly time to receive a response, and the time involved will depend on the nature of the complaint.

 

Thank you.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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pt2537,

 

Thank you for your kind contributions. They are always sources of comfort and relieve to a very stressful state of mind.

I don’t know if I should take the risk to wait before submitting my Bundle. In the appeal filed in November we had stated that all documentations including the transcript of Judgment by Tomorrow. But the transcriber has not yer received the tape from the Court.

 

We are asking for the FULL proceedings to show to the world this is an injustice of epic proportion. A District Judge making out the grounds for the Claimant upon which he gave the order.

 

It is against the Law for District Judge to legislate or vary CPR Practice Direction. They must enforce it according to the law. They are only permitted to fill in gap cases not accounted for the rules.

 

In this case the rules clearly stated do not use possession claim online for such a case. The HA decided to use it anyway. When they did the system told them again you can not use it. They then deceived the system that okay the case is about RENT Arrears. The system immediately opened its door to them to ask for the Rent Arrears. Then they told the system the Rent Arrears is £0.00. The system then asked them to sign the statement of truth as basis of Rent Arrears., which they did that was Rent Arreas.

 

The System followed the concluding Claims for with the next the Particulars of Claim. They were not able to answer any statutory grounds for the claim. They were not able to provide steps taken to recover the arrears. However under comments they added the breach they relied upon. NOTE that the Claim form stated only RENT Arrears as there were no way to manipulate that part of the system to add the comments they did under Particulars of Claim.

 

Our defence was swift. We wrote the Court that the Defence form sent to us would compromised the truth under Statement of truth as the form sent was for those with Rent Arrears. We then sought the permission of the Court not to use the form to make our defence. We got a response that the Judge accepted our defence be written in narrative format and made the declaration of the Statement of Truth and must be signed.

 

We did exactly that and made defence that the case be dismissed because we were not having any Rent Arrears as shown with a value of £0.00 by the particulars of Claim. That the Particular of Claims conflict principally with the Claim form.

 

Please note that the hearings came under three different judges over the period so that you are able to comprehend the next paragraph.

 

Interestingly in the Judgment the District Judge, who should have admitted he did not read the defence, stated in his ruling that it was too late for him to dismiss the case but that he would apply sanction so that people know that they cannot disobey the procedure for issuing a Possession Order Proceedings. That sanction means that he would not award cost to the Claimant but that the Claimant must have the order. In the order that came out from the Court that ordered was changed to mean order given on mandatory grounds. There was nothing said during the judgement on mandatory grounds.

 

Our appeal was swift. The DJ does not have the power to vary or legislate CPR Practice Direction. By putting sanction for people not to disobey the CPR PD means that its judgement fails. Only the Lord Chief Justice with agreement from the Lord Chancellor can grant that such powers upon request which the DJ has not done.

 

The judgement was erroneous as well as the Claimant never made out any mandatory grounds upon which the DJ gave the ruling.

 

The Background facts considered by the DJ was out of scope as the reliance were satisfied through documents which the DJ failed to read. Etc, etc.

 

The Appeal was refused without even looking at the grounds provided. Stating the Landlord has the right to possession but allowed Oral Hearing.

 

As the HA withdrew services we sought injunction from the court for the services restored pending the outcome of the appeal.

 

Then the CCJ who took the Injunction stated that the HA has the rights to withheld all services as they got their Possession Order already. That he does not know why the HA were delaying to come for the Bailiff to execute the order. We said but that we requested a Stay of Execution and currently we still have 7 days to apply for the Oral Hearings. He said he would be refusing the Oral Hearing. At this junction we told him that no matter of injustice from the Court would stop us for fighting for our right. That he knows fully well that the Judgement was extremely wrong and not in accordance with the law. He then said do we have any one proof we said we have many. He said only one. Then we gave him a provision of the Law (wont say it on this pages) which contradicted 100% to the two conditions in the CCJ refusal order of the appeal.

 

That provision made him very uncomfortable and spent the next twenty minutes reading things we cannot tell what he was reading and at the end he said the appeal would be listed.

 

We then asked what about the services we requested on the basis he now accepted that our case be listed for hearing he said we should leave his court.

 

We then pleaded with the Court officers two days after to draw up the order for us so we know the true picture of things. They did and to our surprise the order stated that we do not have any right anymore to our Home. Secondly the appeal is listed (didn’t want to mention date here for obvious reasons) with a 30miunutes time allocated.

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We took the order to the High Court with all documentations. That provision we gave to the CCJ in which he made the appeal to be listed suddenly has developed wings. The High Court Judge asked for that specific provision after taking the time to study the materials contained in the trial bundle which we gave him and he went to his chamber and after twenty minutes he said cannot find it at the moment but that we should come back the following morning with a printed copy.

We did the following morning but had to wait until in the afternoon before he took our case. At this time he already even made a copy of that provision. He then stayed the DJ possession order and ordered restoration of services and remitted the case to the CCJ to hear the appeal and finally that the cost be reserved for the County Court.

What we need is to get back all our monies spent and to fight that we get at least one year cooling off period. This is the area we do need an advocate experienced in law to put the experience to bear. Not a time for new advocate to say I won a case only for the HA to follow the correct process the following day after the judgment. If there is no guarantee we can get the cooling off period (including most of our costs) then we may need the advocate to edit and put professional touch to our Grounds of Appeal and Skeleton Argument. We would then represent ourselves.

The case is 100 % guaranteed to succeed in the courts of law, as there are several failings, which were not in accordance with the law. When I say Courts of law it includes the Supreme Court and the European Courts even if we are already evicted.

How can a DJ ordered possession on mandatory grounds for instance when the law is very resolute it can only be ordered on discretionary grounds. So asking for an advocate is to also ensure a plea that we have at least one year cooling off period before any case should be instituted against us as we are dealing with a very vindictive CEO of an HA.

Our feelings, based on his demeanour when he said we leave his court, are that he may dismiss the case and give concessions within his powers should the HA wish to start afresh the whole process knowing their wrongs can now be put correctly.

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