lowell joined 3 debts [2 mobile, 1 credit card]made me BK, now want my house!!

[The Mould]

Watson

 

Look through your paperwork for the credit agreement and find the same and give me full details thereon. Also, please establish if creditor was aware that you were not residing at usual address and that he was informed of your temporary address.

 

Kind regards

 

The Mould

[The Mould]

Logging out for a short while, maybe an hour. Be back soon Watson

 

Kind regards

 

The Mould

[wendyboats]

Logging out for a short while, maybe an hour. Be back soon Watson

 

Kind regards

 

The Mould

 

 

Thank you all, it will be better for me to do this later too as Grandson needs attending to his meal and fussing over so I will come back in a bit to you all.

 

just to add I took card out at prior address and moved 3 months later to this address and Capone were aware of where I lived as they say they sent default notices to me if you recall they were different to amounts they said I owed in earlier posts I will try and find this .

Kind Regards Wendyboats

[wendyboats]

Hi all the thread were i type out word for word default notice allegedly sent to me in 2008 are on threads 6 -7 2nd sept ! Also other info you may want continues here after.

 

Capone new my new address but never once contacted me re account, yet from dec,2006-july 2008 DD payments were made by me to them?

 

Also to clarify in january 2012 till july 2012 i live at my daughters to support her and grandson, as this was a day today week to week situation at fist i had no idea id be away this long so did not notify anyone but my family and those others who needed to know ,as i did not know i was going to be served for bankruptcy of course i did not notify Lowells and co or change postal address, the situation i was in with my daughter was all consuming and intense and resulted in my grandson coming into my care.

Wendyboats aka Watson hopes this helps x

[wendyboats]

Doing a bit of research online, the reason they are trying to contact your ex, is to find out whether he is interested in making an offer to them for your equity interest in the house.

 

Thank you xx

[wendyboats]

Correct, state that your husband will object and oppose and such sale of the property and that he is taking legal advice as to obtaining an injunction against you under CPR Pt 25 in order to prevent the sale of the property, which would prejudice his interests therein.

 

Further, state you are also considering making an application to the Court under CPR Pt 25 r.25.1(f)(I) in order to prevent you (the trustee) from taking any action against the property until my appeal has had a qualified judgement handed down thereon.

 

You will also be seeking an Order that her (the trustee's costs) are subject to a detailed assessment thereon before a high Court costs judge.

 

The above is in addition to your intention to make an application to the Court seeking a freezing Order against her in relation to your property until your appeal has been decided upon against the original default judgment obtained by the creditor against you and that, inter alia, your appeal includes issues under the ECHR Art 6.1, since the original claim made by the creditor was never served on you, therefore, your rights to a fair hearing to Defend and make representations and be given access to a Court in respect of the same were denied.

 

In the light of the foregoing, you would welcome and consider her proposals to resolve this matter, which, if all parties can agree thereon, would prevent any further Court action as detailed above, which you believe, that on the evidence, she would fail to defend.

 

You sincerely hope that a satisfactory resolution that is acceptable to all parties in this matter can be reached, a compromise is possible, but all parties must be willing to make sacrifices in order to bring about a compromise agreement.

 

I look forward to your swift response hereto by return.

 

Yours faithfully (yours sincerely if you know her name)

 

Mrs Wendyboats Watson

 

Kind regards

 

The Mould

 

Thank you when should i write this email ? happy to do it now if its important to us, also no call back from form N244 notes as promised earlier today? Watson will wait to hear from her mentor xx

[Desperate Daniella]

wendyboats,

 

I've seen what you have written about the Default Notice, but what we need is the 'Agreement' you allegedly signed. Was it an application form?

 

Consumer Credit Agreements must contain the Prescribed Terms. These are the rates of interest, and so on. They can't send you something separately at a later date.

 

When exactly did you take out the agreement in 2006? In the T&Cs they have sent you, what does it give as the late payment charges?

[wendyboats]

wendyboats,

 

I've seen what you have written about the Default Notice, but what we need is the 'Agreement' you allegedly signed. Was it an application form?

 

Consumer Credit Agreements must contain the Prescribed Terms. These are the rates of interest, and so on. They can't send you something separately at a later date.

 

When exactly did you take out the agreement in 2006? In the T&Cs they have sent you, what does it give as the late payment charges?

 

AH....Thank you DD x......... For got to add trustee had been sent PPI letter in July 2012 but tried to pass it off as this year? I had asked about PPI from day one and she kept fobbing me off as not knowing !

 

Yes I have got 3 copies of CCA 2 were sent to solicitors just before appeal fore annulment in June, they are unreadable but both have different dates, 1 has sept06 and has what could pass as my signature and one has oct06 with my name but wrong kind of signature that looks similar but dose not have my middle initial which I always have in my signature....

 

Both have same bar code at bottom of page, proving one or both have been tampered with !

 

The third and most important copies came from trustee via Capone this July when I requested it re; PPI for its slightly more readable and it is credit act 1974 it is not amended . hope this is what you mean DD x The pro-bono that had my paper work was particularly excited to see the CCA x3 and stated she had never seen such poor copies in evidence nor had she ever before than this seen original as mine were?

Edited October 16, 2013 by wendyboats
to add

[wendyboats]

:grouphug:Hi all am going to log off for a while and do some research.........

 

I will be around for a little while but am so exhausted from it all I need to try and get some sleep! If I don't hear from you, tomorrow, first thing I shall send email to trustee and then try to fill in form and send off to courts.

 

Thanking you all so much for being here for me, Wendyboats aka Watson will succeed, with you all by my side:nod: xxx

[Ganymede]

I have decided:decision:............. to do the appeal as my kind friend the Mould has advised me, I want to tell him "Thank you" from my heart, and I have spoken to my 5 children and they are supportive of my decision, and because I want the truth to come out about my case I will find the strength of my convictions to do battle with these lowlifes.

 

All support and input as always kindly received. The Mould, lets get ready to settle the biggest case that Watson will ever face:-) xx

 

 

 

That's great news about the trustee potentially not going for possession of your home. Hopefully it will give you more time to hunt down a solicitor.

 

I would urge you to chase the firms you have emailed before attempting the appeal yourself.

 

I am very uneasy with the idea of you being swept along with advice from an unqualified, albeit extremely well intentioned, stranger over the internet who is essentially carrying out a a regulated activity with no professional indemnity insurance and zero accountability if things go wrong.

[wendyboats]

That's great news about the trustee potentially not going for possession of your home. Hopefully it will give you more time to hunt down a solicitor.

 

I would urge you to chase the firms you have emailed before attempting the appeal yourself.

 

I am very uneasy with the idea of you being swept along with advice from an unqualified, albeit extremely well intentioned, stranger over the internet who is essentially carrying out a a regulated activity with no professional indemnity insurance and zero accountability if things go wrong.

 

I agree the point of getting myself a legal rep and have been trying day and night to get some one to physically help me, but as yet to no avail, I have also spoken with ex husband and he feels my health has already affected by this battle, especially after the biggest let down by the pro-bono legal that built my hopes up so high, by saying its the worst case she had seen, and also putting a blog about it on her own forum and twitter, then out of nowhere cutting me loose?

 

Ex is seeking out how much it would cost him to set it aside for a fight on his behalf as up till last week he as I did thought I had that covered.I guess I am hoping still some one out their will come to my rescue, just like the Mould has but with the ability to take this burden iv carried for 1 year and 3 months now!

 

Sorry I am ranting but am all spent today :violin:kind regards x

[Desperate Daniella]

Sorry you are feeling so low today, wendyboats.

 

When you feel up to it can you see if the Prescribed Terms are included in the so-called agreement(s) you signed.

 

The Prescribed Terms are:

 

1. A term stating the credit limit or the manner in which it will be determined, or that there is no credit limit.

 

2. A term stating the rate of any interest on the credit to be provided under the Agreement.

 

3. A term stating how the debtor is to discharge his obligations under the Agreement to make the repayments which may be expressed by reference to a combination of any of the following:

 

(a) number of repayments;

 

(b) amount of repayments;

 

© frequency and timing of repayments;

 

(d) dates of repayments;

 

or (e) the manner in which any of the above may be determined

 

in any other way, and any power of the creditor to vary what is payable.

 

These terms should be in the document you actually signed. Typing up conditions on blank white paper and typing your name and address at the top doesn't count.

 

I've looked at dozens of the earlier CapOne agreements and none of them were worded properly. The card companies started to get their act together around 2006/2007 so your agreement may or may not have been enforceable. Obviously this comes after you have won the appeal to get everything back to the beginning but if the agreement is unenforceable then that is a further negotiating point.

[wendyboats]

Sorry you are feeling so low today, wendyboats.

 

When you feel up to it can you see if the Prescribed Terms are included in the so-called agreement(s) you signed.

 

The Prescribed Terms are:

 

1. A term stating the credit limit or the manner in which it will be determined, or that there is no credit limit.

 

2. A term stating the rate of any interest on the credit to be provided under the Agreement.

 

3. A term stating how the debtor is to discharge his obligations under the Agreement to make the repayments which may be expressed by reference to a combination of any of the following:

 

(a) number of repayments;

 

(b) amount of repayments;

 

© frequency and timing of repayments;

 

(d) dates of repayments;

 

or (e) the manner in which any of the above may be determined

 

in any other way, and any power of the creditor to vary what is payable.

 

These terms should be in the document you actually signed. Typing up conditions on blank white paper and typing your name and address at the top doesn't count.

 

I've looked at dozens of the earlier CapOne agreements and none of them were worded properly. The card companies started to get their act together around 2006/2007 so your agreement may or may not have been enforceable. Obviously this comes after you have won the appeal to get everything back to the beginning but if the agreement is unenforceable then that is a further negotiating point.

 

Thank you DD

 

I believe mine is the one that should not have been enforceable, and its term are from what I can make out as its been shrunk to unreadable size is as follows,

 

1. this copy has been cut and pasted as seen clearly, and is different in width from original I think its so they could squeeze T&C onto one page although it has 2 pages of T&C.

 

2.APR; 34.9% p a _vairiable.....see section 11) 34.94% p a cash withdrawals and balance transfers. Monthly payments of at least equal to 5% of outstanding balance payable by the date stated in monthly statements.

 

3.In section 4. on next page and the section used to default me says they can reduce agreed amount(mine was £500) They will determine credit limit from time to time and give notice In writing, if after viewing and under this agreement wish to reduce or increase credit limit.

 

4.If balance exceeds agreed limit you must not use card and must immediately pay us enough to bring outstanding balance within the credit limit.

 

5.I made payment's for 18 months DD and I never received one statement,(yes they did have my new address) or letter, or phone call from Capone, my payments were only short of brining me under £500 by £2.00- £3.00 initially but according to their records no DD came out of my bank in first 2 months?

 

Do you need more DD let me know and Wendyboats aka Watson will do so :wink:x

[wendyboats]

I have sent another email to my MP, and again asked for his support, and I also gave him link to this forum so he will see how much support and interest I have received on this injustice, by all the 17,25+ views it has had in only 2 and a half months, and how many kind people have posted to me in this time nearly 50 or so, that's got to be a indication as to the human interest and concern for my horrendous situation!

Thank you all so much xx

[Desperate Daniella]

Hi wendyboats,

 

Are those T&Cs actually on the page you signed, or are they on separate sheets? What they used to do was have an application form asking for name, address, etc., and the only condition referred to was about Data Protection. You say it looks so shrunk you can't read the T&Cs which would indicate a cut and paste job.

 

Do you have anyone with the computer skills to post it all up here (removing all your personal details, of course).

 

I do think you should be encouraged by the fact that the Trustee has written to say she'll consider alternatives to selling the house. The ultimate aim however is to get the first judgment set aside so you aren't liable at all for this horrendous sum.

 

DDxx

[wendyboats]

Hi wendyboats,

 

Are those T&Cs actually on the page you signed, or are they on separate sheets? What they used to do was have an application form asking for name, address, etc., and the only condition referred to was about Data Protection. You say it looks so shrunk you can't read the T&Cs which would indicate a cut and paste job.

 

Do you have anyone with the computer skills to post it all up here (removing all your personal details, of course).

 

I do think you should be encouraged by the fact that the Trustee has written to say she'll consider alternatives to selling the house. The ultimate aim however is to get the first judgment set aside so you aren't liable at all for this horrendous sum.

 

DDxx

 

DD I will ask my friend as she is cleaver with computer skills and I will do this when she is in around school time 3.30.pm.

 

The terms I put up I found on the second page, first page is 1. interest rates , form of consent, credit scoring, (second Colum half way down) terms and conditions 2. is about use of information and fraud, money laundering, issuing credit card ,cheques, and at bottom number 3. extra cardholders, this continues on the top of next page and then 4. is as I put above and ends number 22.

 

I will be logged in again 3.30pm as off to collect Grandson from school Kind Regards Wendyboats

[wendyboats]

[ATTACH=CONFIG]46975[/ATTACH] hope I did this ok I did it my self, let me know if its readable please x

!

Edited October 17, 2013 by wendyboats

[The Mould]

That's great news about the trustee potentially not going for possession of your home. Hopefully it will give you more time to hunt down a solicitor.

 

I would urge you to chase the firms you have emailed before attempting the appeal yourself.

 

I am very uneasy with the idea of you being swept along with advice from an unqualified, albeit extremely well intentioned, stranger over the internet who is essentially carrying out a a regulated activity with no professional indemnity insurance and zero accountability if things go wrong.

 

R v Leicester City Justices,ex p. Barrow [1991] 2 QB260 (CA) where it was said that –

'if a party arms himself with assistance in orderthe better himself to present his case, it is not a question of seeking theleave of the court. It is a question of the court objecting and restricting himin the use of this assistance, if itis clearly unreasonable in nature or degree or if it becomes apparent that the'assistance' is not being provided bona fide, but for an improper purpose or isbeing provided in a way which is inimical to the proper and efficientadministration of justice by, for example, causing the party to wastetime, advising the introduction of irrelevant issues or the asking ofirrelevant or repetitious questions” (my emphasis added)

The court observed in particular that—

• The purpose of allowing a litigant in person the assistance of a McKenzie friend is to further the interests of justice by achieving a level playing field and ensuring a fair hearing. The presumption in favour of allowing a litigant in person the assistance of a McKenzie friend is very strong. Such a request should only be refused for compelling reasons and should a judge identify such reasons, she/he must explain them carefully and fully to both the litigant in person and the would-be McKenzie friend.
  
• Where a litigant in person wishes to have the assistance of a McKenzie friend in private family law proceedings relating to children, the sooner that intention is made known to the court and the sooner the court's agreement for the use of the particular McKenzie friend is obtained, the better. In the same way that judicial continuity is important, the McKenzie friend, if she/he is to be involved, will be most useful to the litigant in person and to the court if she/he is in a position to advise the litigant throughout.
  
• It is not good practice to exclude the proposed McKenzie friend from the courtroom or chambers whilst the application by the litigant in person for her/his assistance is being made. The litigant who needs the assistance of a McKenzie friend is likely to need the assistance of such a friend to make the application for her/his appointment in the first place. In any event, it is helpful for the proposed McKenzie friend to be present so that any concerns about him can be ventilated in her/his presence, and so that the judge can satisfy herself/himself that the McKenzie friend fully understands her/his role (and in particular the fact that disclosure of confidential court documents is made to her/him for the purposes of the proceedings only) and that the McKenzie friend will abide by the court's procedural rules.
  
• In this context it will always be helpful for the court if the proposed McKenzie friend can produce either a short curriculum vitae or a statement about herself/himself, confirming that she/he has no personal interest in the case, and that she/he understands both the role of the McKenzie friend and the court's rules as to confidentiality.
  
• The following do not, of themselves, constitute 'compelling reasons' for refusing the assistance of a McKenzie friend:
  

(1) that the litigant inperson appears to the judge to be of sufficient intelligence to be able toconduct the case on his own without the assistance of a McKenzie friend;

(2) that the litigant in person appears to the judge to have a sufficientmastery of the facts of the case and of the documentation to enable him toconduct the case on his own without the assistance of a McKenzie friend;

(3) that the hearing at which the litigant in person seeks the assistance of aMcKenzie friend is a directions appointment, or a case management appointment;

(4) that the proceedings are confidential and that the court papers containsensitive information relating to the family's affairs.

The court also expressed the view that there was no reason in principlewhy a litigant in person should not show the court papers to hiscourt-sanctioned McKenzie friend, provided that the latter appreciated thatdisclosure was being made only for the purpose of enabling the litiganteffectively to present his case. This aspect of the court's judgment is now ofhistorical interest only following the introduction of an entirely newprovision in the FPR, namely r.10.20A. This is quite a lengthy rule whichgoverns the communication of information relating to any proceedings held inprivate to which the FPR apply where the proceedings—

(1) relate to the exercise ofthe inherent jurisdiction of the High Court with respect to minors;

(2) are brought under the Children Act 1989; or

(3) otherwise relate wholly or mainly to the maintenance or upbringing of aminor.

The rule expressly permits the communication of any information relatingto the proceedings by a party to the proceedings to a 'lay adviser or McKenziefriend'. A lay adviser is defined by the rule as 'a non-professional person whogives lay advice on behalf of an organisation in the lay advice sector' andMcKenzie friend as 'any person permitted by a court to sit beside anunrepresented litigant in court to assist that litigant by prompting, takingnotes and giving him advice'.

The Court of Appeal referred in passing to the fact that in R vLeicester City Justices and Another ex parte Barrow and Another [1991] 2 QB260 at 289 Lord Donaldson of Lymington MR expressed -

'the fervent hope … that weshall hear no more of "McKenzie friends" as if they were a form ofunqualified legal assistant known to the law. Such terminology obscures thereal issue which is fairness or unfairness. Let the "McKenzie friend"join the "Piltdown man" in decent obscurity.'

The court noted, however, that the passage of time had demonstrated thatthe term McKenzie friend had become well-recognised and understood by lawyersand litigants alike, and expressed the view that the term was here to stay.That seems to be confirmed by the fact that the McKenzie friend has now earnedhimself a mention in rules of court.

Gany, I am not acting outside of the law and I am not providingan unregulated service as far as the legal profession is concerned, I do notprofess to be a solicitor and I am not committing any offence in respect of myadvice, opinion, help, support and referring Wendy to the law as regards hercase.

To my mind, you have become a troll on this thread and youhave offered nothing that Wendy can rely upon and you have not offered Wendyany help or pointed her in the correct direction in order to help her toundertake the massive task of undoing the injustice that she has suffered.

I am not stringing Wendy along and my advice and opinion onthis matter is not illegal. We all knowthat a serious wrong, an error of law has occurred here, I am simply trying tohelp Wendy through the process to put the matter right.

You are entitled to your opinion and free speech, as we allare, this is a privilasge that the CAG provides to all its members, as long as it does not contravene the Groups’rules, however, if you are going to make any further posts on this case, then Irespectfully ask that; a) you refrain from your defaming of my character andyour unfounded contentions as regards my posts here; and b) advise, clearly, that your opinion on this matter and my postis unqualified and merely your opinion, and c) post some positive advice orhelp for Wendy.

For the avoidance of any further doubt, this is not my areaof law, but I am recognised in the legal profession as an independentprofessional legal advisor and I amregulated and bound by the Institute of Paralegals rules and codes of conduct,therefore, I would not contravene the same and none of my posts here have doneso.

Please do not spoil this thread simply because you take noliking to me and any of the material I have posted here, which, as a matter oflaw, is 100% wholly factually correct in law based upon the circumstances ofthis case reported here by Wendy.

In a nut shell, if Wendy had the money, every solicitor orlaw firm worth their salt would be falling over themselves to take this case!

Kind regards

The Mould

[Ganymede]

I have no wish to derail thus thread and I will continue to post and offer suggestions to Wendy as far as I am able to do so.

 

However, that being said I have not defamed you in any way, shape or form and was urging caution to Wendy to not get in over her head and advised her go seek the advice of a qualified solicitor who has the benefit to Wendy of being fully regulated, insured and accountable.

 

No offence but the Institute of Paralegals is pretty much irrelevant and not a proper regulatory body like the Solicitors Regulation Authority or the Bar Standards Council.

 

I was simply urging caution as you yourself admit to this not being your area of law however you have drafted applications etc for Wendy to use in Court which is a regulated activity.

 

I have no problem with you personally or your posts and I will continue to post in this thread as I see fit.

[wendyboats]

R v Leicester City Justices,ex p. Barrow [1991] 2 QB260 (CA) where it was said that –

'if a party arms himself with assistance in orderthe better himself to present his case, it is not a question of seeking theleave of the court. It is a question of the court objecting and restricting himin the use of this assistance, if itis clearly unreasonable in nature or degree or if it becomes apparent that the'assistance' is not being provided bona fide, but for an improper purpose or isbeing provided in a way which is inimical to the proper and efficientadministration of justice by, for example, causing the party to wastetime, advising the introduction of irrelevant issues or the asking ofirrelevant or repetitious questions” (my emphasis added)

The court observed in particular that—

• The purpose of allowing a litigant in person the assistance of a McKenzie friend is to further the interests of justice by achieving a level playing field and ensuring a fair hearing. The presumption in favour of allowing a litigant in person the assistance of a McKenzie friend is very strong. Such a request should only be refused for compelling reasons and should a judge identify such reasons, she/he must explain them carefully and fully to both the litigant in person and the would-be McKenzie friend.
  
• Where a litigant in person wishes to have the assistance of a McKenzie friend in private family law proceedings relating to children, the sooner that intention is made known to the court and the sooner the court's agreement for the use of the particular McKenzie friend is obtained, the better. In the same way that judicial continuity is important, the McKenzie friend, if she/he is to be involved, will be most useful to the litigant in person and to the court if she/he is in a position to advise the litigant throughout.
  
• It is not good practice to exclude the proposed McKenzie friend from the courtroom or chambers whilst the application by the litigant in person for her/his assistance is being made. The litigant who needs the assistance of a McKenzie friend is likely to need the assistance of such a friend to make the application for her/his appointment in the first place. In any event, it is helpful for the proposed McKenzie friend to be present so that any concerns about him can be ventilated in her/his presence, and so that the judge can satisfy herself/himself that the McKenzie friend fully understands her/his role (and in particular the fact that disclosure of confidential court documents is made to her/him for the purposes of the proceedings only) and that the McKenzie friend will abide by the court's procedural rules.
  
• In this context it will always be helpful for the court if the proposed McKenzie friend can produce either a short curriculum vitae or a statement about herself/himself, confirming that she/he has no personal interest in the case, and that she/he understands both the role of the McKenzie friend and the court's rules as to confidentiality.
  
• The following do not, of themselves, constitute 'compelling reasons' for refusing the assistance of a McKenzie friend:
  

(1) that the litigant inperson appears to the judge to be of sufficient intelligence to be able toconduct the case on his own without the assistance of a McKenzie friend;

(2) that the litigant in person appears to the judge to have a sufficientmastery of the facts of the case and of the documentation to enable him toconduct the case on his own without the assistance of a McKenzie friend;

(3) that the hearing at which the litigant in person seeks the assistance of aMcKenzie friend is a directions appointment, or a case management appointment;

(4) that the proceedings are confidential and that the court papers containsensitive information relating to the family's affairs.

The court also expressed the view that there was no reason in principlewhy a litigant in person should not show the court papers to hiscourt-sanctioned McKenzie friend, provided that the latter appreciated thatdisclosure was being made only for the purpose of enabling the litiganteffectively to present his case. This aspect of the court's judgment is now ofhistorical interest only following the introduction of an entirely newprovision in the FPR, namely r.10.20A. This is quite a lengthy rule whichgoverns the communication of information relating to any proceedings held inprivate to which the FPR apply where the proceedings—

(1) relate to the exercise ofthe inherent jurisdiction of the High Court with respect to minors;

(2) are brought under the Children Act 1989; or

(3) otherwise relate wholly or mainly to the maintenance or upbringing of aminor.

The rule expressly permits the communication of any information relatingto the proceedings by a party to the proceedings to a 'lay adviser or McKenziefriend'. A lay adviser is defined by the rule as 'a non-professional person whogives lay advice on behalf of an organisation in the lay advice sector' andMcKenzie friend as 'any person permitted by a court to sit beside anunrepresented litigant in court to assist that litigant by prompting, takingnotes and giving him advice'.

The Court of Appeal referred in passing to the fact that in R vLeicester City Justices and Another ex parte Barrow and Another [1991] 2 QB260 at 289 Lord Donaldson of Lymington MR expressed -

'the fervent hope … that weshall hear no more of "McKenzie friends" as if they were a form ofunqualified legal assistant known to the law. Such terminology obscures thereal issue which is fairness or unfairness. Let the "McKenzie friend"join the "Piltdown man" in decent obscurity.'

The court noted, however, that the passage of time had demonstrated thatthe term McKenzie friend had become well-recognised and understood by lawyersand litigants alike, and expressed the view that the term was here to stay.That seems to be confirmed by the fact that the McKenzie friend has now earnedhimself a mention in rules of court.

Gany, I am not acting outside of the law and I am not providingan unregulated service as far as the legal profession is concerned, I do notprofess to be a solicitor and I am not committing any offence in respect of myadvice, opinion, help, support and referring Wendy to the law as regards hercase.

To my mind, you have become a troll on this thread and youhave offered nothing that Wendy can rely upon and you have not offered Wendyany help or pointed her in the correct direction in order to help her toundertake the massive task of undoing the injustice that she has suffered.

I am not stringing Wendy along and my advice and opinion onthis matter is not illegal. We all knowthat a serious wrong, an error of law has occurred here, I am simply trying tohelp Wendy through the process to put the matter right.

You are entitled to your opinion and free speech, as we allare, this is a privilasge that the CAG provides to all its members, as long as it does not contravene the Groups’rules, however, if you are going to make any further posts on this case, then Irespectfully ask that; a) you refrain from your defaming of my character andyour unfounded contentions as regards my posts here; and b) advise, clearly, that your opinion on this matter and my postis unqualified and merely your opinion, and c) post some positive advice orhelp for Wendy.

For the avoidance of any further doubt, this is not my areaof law, but I am recognised in the legal profession as an independentprofessional legal advisor and I amregulated and bound by the Institute of Paralegals rules and codes of conduct,therefore, I would not contravene the same and none of my posts here have doneso.

Please do not spoil this thread simply because you take noliking to me and any of the material I have posted here, which, as a matter oflaw, is 100% wholly factually correct in law based upon the circumstances ofthis case reported here by Wendy.

In a nut shell, if Wendy had the money, every solicitor orlaw firm worth their salt would be falling over themselves to take this case!

Kind regards

The Mould

 

Thank you, the Mould,

 

Because if I am truly honest.... that's just how I felt regarding comments made early this morning, it put my whole day in a negative perspective of...

 

what I clearly believe, and you, and every one else seems to believe, in that I need justice because this is all so wrong, and if I had the money as you say, this case would be dealt with, and would be the one that sets a precedence for all the thousands of people who have already been wrong, or would be wronged by Lowell portfolio one, in taking these cases into the court arena were people like me do not stand a chance of fighting fairly and within the law!! XX

[Ganymede]

Just for the record so nobody is confused this is from the Institute of Paralegals website...

 

"The regulation and professional conduct of paralegals

 

Regulation

 

Generally speaking the paralegal profession is not regulated. We are not a regulator, we are a representative professional body."

 

"Professional Conduct/Ethics

 

We publish The Paralegal Code of Conduct which sets out the core conduct obligations that we think should be expected of paralegals. This has no regulatory backing, it is an expression of best practice.

Other than conduct requirements imposed upon paralegals in the above situations, there is no statutory or regulatory paralegal code of conduct.

Other than for paralegals employed by solicitors (who are deemed agents thereof) it does not help much to look to the professional conduct/ethical expectations imposed of solicitors as these are not automatically relevant to paralegals. The solicitor's code is derived from a long history of statute, case law and professional conduct rules underpinned by statute, most of which relate to solicitors and not legal practitioners in general. These include such issues as very stringent client confidentiality requirements, stringent requirements to avoid conflicts of interest, rules relating to taking a client on and in what circumstances a solicitor can decide to cease acting, etc.

 

Paralegal professional conduct is very much a grey legal area at present. It would however appear that almost none of the rules relating to solicitors automatically apply to paralegals who are not employed by solicitors"

 

So there is no statutory protection offered unlike with a qualified solicitor.

 

My only interest is Wendy and making sure she seeks advice and doesn't end up with another few thousand pounds in adverse costs added to her debts.

[The Mould]

Just for the record so nobody is confused this is from the Institute of Paralegals website...

 

"The regulation and professional conduct of paralegals

 

Regulation

 

Generally speaking the paralegal profession is not regulated. We are not a regulator, we are a representative professional body."

 

 

There is no statutory protection offered unlike with a qualified solicitor.

 

My only interest is Wendy and making sure she seeks advice and doesn't end up with another few thousand pounds in adverse costs added to her debts.

 

If a Paralegal acts outside the Institutes codes and rules of conduct, then he will be rejected and refused membership thereof.

 

Kind regards

 

The Moiuld

[Ganymede]

If a Paralegal acts outside the Institutes codes and rules of conduct, then he will be rejected and refused membership thereof.

 

Kind regards

 

The Moiuld

 

 

 

Maybe so but anyone can walk off the street and join the Institute of Paralegals as it is basically a union.

 

You can be a a paralegal without being a member of any group and can work as one. A solicitor can be struck off and cannot practice and can face criminal charges or jail for misconduct.

[The Mould]

Further to the above, the sols who have acted for Wendy on this matter have indeed cost her thousands of pounds and they have not even followed proper procedure. Their first port of call should have been to the High Court seeking a freezing injunction against the trustee under CPR Pt 25!

 

Watson, has the trustee stated that she will accept monthly payments as an alternative to forcing the sale of your home? Or has she indiucated by what other route she will proceed with in order to obtain her "money?"

 

Kind regards

 

The Mould

[wendyboats]

Further to the above, the sols who have acted for Wendy on this matter have indeed cost her thousands of pounds and they have not even followed proper procedure. Their first port of call should have been to the High Court seeking a freezing injunction against the trustee under CPR Pt 25!

 

Watson, has the trustee stated that she will accept monthly payments as an alternative to forcing the sale of your home? Or has she indiucated by what other route she will proceed with in order to obtain her "money?"

 

Kind regards

 

The Mould

 

No word yet as to her proposals in this matter kind sir x