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


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unapproved atts.

 

it would be better to PDF the attachments too

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Wendy you have left the account number on default 2, would be best to edit the post I think.

Apart from that I think they should be good enough for the experts to comment on.

Talk about small print!!.

How do I edit it now ? And will it matter? thanks Wooks x

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Just had a thought, if printer settings/paper was set to landscape and you fit to page you'd get this.

 

Thanks again WooKs, will try this after family gone and grandson in bed had them all trying to do it, but I guess we all must be computer illiterate! lol x

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Hi all got the forms I need had good advice at courts, and filling in later and drop back first thing in morning,I was not surprised to see about 15 other people at the office counters all requesting forms relating to similar forms involving DC agency's, the lady has to print off each one as they have run out of all the forms relating to this area! I will be back later x

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Well, no letter today from trustees sols, as she stated their would be in her email? I have looked through forms and am a little nervous to fill in,

so I will have to make an appointment with local agency that help with filling in these kind of form in morning most of it is ok,.....

but am I the defendant still or the claimant? and what court do I want this to be heard in?

 

And please could you confirm its a freeing order I am applying for on this form...? Or can I apply for freezing and other points of law that I wish to appeal on?? Watson is confused....Wendyboats is also confused xx:???:

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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

 

hope you are well the mould ???????

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Waited all night for some response from someone??????????? The forum seams to be running like a ghost site? where is everyone??

 

After last weeks posts on this thread am very concerned I and a lot of others have been left up the creek without a paddle?? please could site team reassure me, and the others,that things are all ok on this forum??...............As nothing I have seen here over last few days, shows any key members, just site team ???

 

As I am at a critical point in my fight.......... I feel abandoned and yes, things are not right on this site, from at least, yesterday and more noticeable today???

 

Anyone else feel the same,??...................... Wendyboats :?:

Edited by wendyboats
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you need to remember that this site is voluntary.....

 

and that the mould has had some very serious health issue of recent times.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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you need to remember that this site is voluntary.....

 

and that the mould has had some very serious health issue of recent times.

 

dx

 

Thank you for your input dx, and I understand The Mould is unwell, and that this site is voluntary, but................? I was not refuting to either of these facts?

 

I was merely pointing out that this forum is absent over the last 48 hours' of members who give up their time to assure us, those who are desperate for advice........

 

And the only reply or input I have had tonight is from you dx? To comment on my last post of 2.am this morning? Perhaps an earlier acknowledgement to my post with your above comment, would have left me feeling reassured, instead of fearful even more?????????

 

Wendyboats remains puzzled but grateful for dxs comment

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w/ends are often quiet.

 

sometimes posting just for the sake of it is the least important

thing esp if members are not in a position to actually nor available to help at the time

or on the subject

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Wendy, as already explained. All caggers, including ST members are volunteers - they have day jobs - families and commitments outside of CAG. I would imagine also, that at 1.30 am in the morning quite a few of us were asleep !

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Well, no letter today from trustees sols, as she stated their would be in her email? I have looked through forms and am a little nervous to fill in,

so I will have to make an appointment with local agency that help with filling in these kind of form in morning most of it is ok,.....

but am I the defendant still or the claimant? and what court do I want this to be heard in?

 

And please could you confirm its a freeing order I am applying for on this form...? Or can I apply for freezing and other points of law that I wish to appeal on?? Watson is confused....Wendyboats is also confused xx:???:

 

 

If you want to appeal you need to use a separate form than as an N244 is not appropriate. Should be fine for just a freezing order only.

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Wendyboats

 

As you will see on many online forums, including the one run by the lady whose firm of Solicitors decided they could not help you, there has not been many posts or replies of recent. The thread on the other site which appears to relate to your situation, has not been updated since the 28th Sept. I wonder why they have not updated their thread to advise people they could not help you after all. They post about their successes and openly appear to encourage business through their website.

 

Unfortunately, I am not an expert on these matters and what forms you need to complete. I think you will need to plough on with whatever help you can get. I would also suggest that you keep trying with Solicitors you have contacted before about pro-bono or no win no fee work.

We could do with some help from you.

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Wendyboats

 

As you will see on many online forums, including the one run by the lady whose firm of Solicitors decided they could not help you, there has not been many posts or replies of recent. The thread on the other site which appears to relate to your situation, has not been updated since the 28th Sept. I wonder why they have not updated their thread to advise people they could not help you after all. They post about their successes and openly appear to encourage business through their website.

 

Unfortunately, I am not an expert on these matters and what forms you need to complete. I think you will need to plough on with whatever help you can get. I would also suggest that you keep trying with Solicitors you have contacted before about pro-bono or no win no fee work.

 

Thank you for above observations and yes that story is my story, you will have worked this out now, and as you, iv questioned the motives and reasons she did such a heartless thing to me ?

 

I am now in full panic mode and have my agoraphobia, and sleep depravation back, and I realise now I am not going to get help from any legal in the way of taking this mammoth task on, so how the hell can I realistically do it ?

Wendyboats.......... needs to accept what you all have already realised and give up !

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If you want to appeal you need to use a separate form than as an N244 is not appropriate. Should be fine for just a freezing order only.

 

Thank you I have no clue how or what and I give up, sorry to have burdened you all x

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Wendy, as already explained. All caggers, including ST members are volunteers - they have day jobs - families and commitments outside of CAG. I would imagine also, that at 1.30 am in the morning quite a few of us were asleep !

 

Thanks for input x

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w/ends are often quiet.

 

sometimes posting just for the sake of it is the least important

thing esp if members are not in a position to actually nor available to help at the time

or on the subject

 

dx

 

Yes you are right dx sorry x I will be no more a nuisance to this forum, Apologies to all x

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