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

[wendyboats]

Hi all,

No news as yet from Chancery Appeal Judge, How long do you think it will be before I hear anything, I know they are very busy and I only sent Wednesday ?

 

 

The past 18 months has been like living through a "Horrendous Nightmare" (Night and day) and having to wait, and wait, for the morning to come, so I can smile again and relax, On realising its all been just a bad dream !

 

 

No chance of that yet ! WB aka Watson still on the case xxxxxx

[unclebulgaria67]

Hi all,

No news as yet from Chancery Appeal Judge, How long do you think it will be before I hear anything, I know they are very busy and I only sent Wednesday ?

 

 

I suspect it will be a couple of weeks at least, but I am not anyone would know this, even if you phoned the court.

 

It is a real shame that the Southampton court transcripts are not easily obtainable, as then the Appeal Judge could see for themselves, whether your last appeal was given a proper hearing. Without the transcripts it may be presumed that the Judge allowed a fair hearing.

 

How is your search for a barrister going ? I suppose getting anyone for a reduced fee, legal aid or pro bono is almost impossible for this type of situation.

[wendyboats]

I suspect it will be a couple of weeks at least, but I am not anyone would know this, even if you phoned the court.

 

It is a real shame that the Southampton court transcripts are not easily obtainable, as then the Appeal Judge could see for themselves, whether your last appeal was given a proper hearing. Without the transcripts it may be presumed that the Judge allowed a fair hearing.

 

How is your search for a barrister going ? I suppose getting anyone for a reduced fee, legal aid or pro bono is almost impossible for this type of situation.

 

 

Thanks Uncle for above,

 

Just out of interest, Why are Southampton court transcripts not easily obtainable ? I have no problem obtaining transcript as far as I am aware, its just paying for it I have a problem with !

 

I understand from letters from Chancery courts in London, if my appeal is granted they will look into paying for transcript out of public funds.

 

I have a couple of Barristers waiting in the wings, depends on outcome re; Appeal being granted if I will need one yet or not !

 

It should not be a problem I have been told, but a problem it seems to have been ? I have not quite given up on Pro-Bono yet, still got a few option to look at .

 

Kind Regards Wendyboats aka Watson xx

[unclebulgaria67]

Thanks Uncle for above,

 

Just out of interest, Why are Southampton court transcripts not easily obtainable ? I have no problem obtaining transcript as far as I am aware, its just paying for it I have a problem with !

 

I understand from letters from Chancery courts in London, if my appeal is granted they will look into paying for transcript out of public funds.

 

I have a couple of Barristers waiting in the wings, depends on outcome re; Appeal being granted if I will need one yet or not !

 

It should not be a problem I have been told, but a problem it seems to have been ? I have not quite given up on Pro-Bono yet, still got a few option to look at .

 

Kind Regards Wendyboats aka Watson xx

 

Not easily available, meaning free or cheap and available quickly. Making it expensive means that people of limited means may be denied the justice they deserve.

[The GodMother]

Have you considered contacting the mobile phone companies ( if BW legal have provided account references) for a Data Protection subject access request ? At some point, hopefully your appeal will be allowed or if you want to take this further and you could do with having all the information available.

 

May not need to do that. I have heard before that if you write to the company givng you name date of birth previous addresses then they can send you all data held on you. I sent SD a SAR for each account when l was told l could have just sent 1 with my details.

I dont no how true it is tho

[wendyboats]

May not need to do that. I have heard before that if you write to the company givng you name date of birth previous addresses then they can send you all data held on you. I sent SD a SAR for each account when l was told l could have just sent 1 with my details.

I dont no how true it is tho

 

 

I am not concerned with the alleged debts of the two mobiles , As they were never proven to be mine ever , and neither one totals £750.00 the amount needed to put some one in Bankruptcy , The mobile phones were purely used to make me look like some one who avoided paying debts !!

 

 

CAPONE put me in to Bankruptcy , and was used in the court arena to do this , CAPONE and LOWLIFE new I had "PPI RECAIMABLE" and "HIGH INTREST PAYMENTS ECT, All RECLAIMABLAL"

 

 

On a £500 Limit and after paying via DD for 18 months , and with no written warning, or even one phone call, let alone a E-mail that would have notified me of any problems with limit on card being in default !

 

 

I went into default due to unwanted, or requested PPI . And then followed all the high interest rates , etc. ............. All within the first of the 18 month !

I informed everyone from get go from moment I found out........... After bankruptcy awarded I did not know anything regarding CAPONE OR LOWLIFE................It is all to do with my Equity..................... simple as ,

 

But over my "Dead body".............will anyone take what is not theirs to take ! ;( . ( (

 

Wendy AKA Watson still on the moors alone ? ;( xxx

[Desperate Daniella]

Not quite alone.

 

Hugs,

 

DDxxxxxxxxxxxxxxxxxxx

[Guest]

hey wendy

not alone, will also help if i can.

[wendyboats]

Not quite alone.

 

Hugs,

 

DDxxxxxxxxxxxxxxxxxxx

 

 

DD Hugs right back xx................. Wendy sends.......... Apologies , to you Sweetheart , and it goes without saying that you , and many others here at CAG are indeed "here with me" on my journey to justice , I meant I am alone in life , and use the moors as a image of that feeling

 

Am a little down, life at the moment for "wendyboats" Who has some other issues to deal with, in that this is one of a few, so I am feeling very much alone............

 

I am so very grateful to you DD for the "continued support" you have given from day one , And to "everyone" who has shown concern and given advice to me over the last 6 months

 

But if am honest I miss our "Mouldy" And our understanding of the need for a "hand to hold", But it works both ways , and I want to hold "his hand" through his problems, just as he did mine, but I keep looking for him on the dark cold moors and I no longer see him...........??

 

When you are alone as I am, even a friend on a forum, who looks out for you becomes a real person, who you trust, as I do you DD, ............ I became Watson alone on the moors, when Mouldy aka Sherlock took me as his right hand man.............Watson !

 

I miss him that's all ............................... ;( xx

[wendyboats]

hey wendy

not alone, will also help if i can.

 

 

Thank you Ford means a lot xxxxxxxxxxxxx

[Desperate Daniella]

No apology needed.

 

I know you mean Mouldy and I know he would be here for you if he possibly could. He really was your cyber hand to hold. I hope he will come back soon.

 

What you are going through is absolutely awful and I know that you are alone in facing this and the other things going on right now. Remember you can always come here and rage about it all. Sometimes it really does help to have a cyber rant and let it out.

 

I hope you feel a little better this morning.

 

Love,

 

DDxxxxxxxxxxxxxxxxxxx

[wendyboats]

Hi all , still no update for me I am afraid still waiting on the high courts decision, will let you all know as soon as I hear anything.

 

 

Kind regards WB aka Watson still on the case xxxxx

[Desperate Daniella]

Hi Wendy,

 

The courts are soooooo slow right now. I hope you hear something soon.

 

DDxx

[wendyboats]

Hi Wendy,

 

The courts are soooooo slow right now. I hope you hear something soon.

 

DDxx

 

 

So I understand DD , To be honest am happy to wait, and really hope the Judge takes a good hard, long look at my case before he decides !!

 

 

I will be ready when I do hear and will let all here know as soon as I do , Regards

to all and big hugs to you DD xxxxxxxxxxx WB

[Ganymede]

Hi Wendy, when was the last time you called the Court to chase them? I think it may be worth trying again.

 

A Judge won't be considering your application for the long, it will just be sat in a pile of paperwork waiting to be read.

[wendyboats]

Hi everyone,

 

 

Today I received a letter from Chancery appeal office stating the Judge has considered my letter and has noted that there has yet to be a judgement of the lower court filed, he has requested I make an urgent enquiry with Southampton courts as to whether a Judgement was given. If one was not given forward a letter from office confirming such.

 

 

I am very, very confused and not sure what he means any idea's ? Kind regards Wendy aka Watson still on the case xxxxxxxx

[unclebulgaria67]

Hi everyone,

 

 

Today I received a letter from Chancery appeal office stating the Judge has considered my letter and has noted that there has yet to be a judgement of the lower court filed, he has requested I make an urgent enquiry with Southampton courts as to whether a Judgement was given. If one was not given forward a letter from office confirming such.

 

 

I am very, very confused and not sure what he means any idea's ? Kind regards Wendy aka Watson still on the case xxxxxxxx

 

I suspect it relates to the last application you made to Southampton. Did you pay a fee to Southampton court for them to consider something ?

 

The Chancery Appeal Office have obviously noted on the system that you made an application to Southampton, but no judgement is recorded.

 

Suggest that you contact Southampton court on Tuesday to find out what is going on.

[Mike_hawk]

Hi Wendy

 

Only skim read your thread so I may be mistaken but I believe the judge is seeking clarification of any underlying judgment. Perhaps there is an assumption from chancery that the petition was by way of enforcing a lower court judgment.

[wendyboats]

I suspect it relates to the last application you made to Southampton. Did you pay a fee to Southampton court for them to consider something ?

 

The Chancery Appeal Office have obviously noted on the system that you made an application to Southampton, but no judgement is recorded.

 

Suggest that you contact Southampton court on Tuesday to find out what is going on.

 

 

 

Evening Uncle, Thank you for reply,

 

 

Yes I first applied to Southampton courts in November 013, and paid a fee as required, it was then sent to Winchester courts who then sent it on to Chancery appeal courts in London. I was reimbursed this fee a few weeks later as I receive benefits.

 

 

It seems to me something is out of sink here, I remember now I had to resend second part of the appeal now dated 25th of February 014, Even though I had already done this as requested by the Judge at Chancery office in London,29th of December 2013, with payment by postal order of the required fee of just over £200.

 

 

I shall ring court first thing Tuesday morning and try to unravel this query.

 

 

Regards Wendy xx

[wendyboats]

Hi Wendy

 

Only skim read your thread so I may be mistaken but I believe the judge is seeking clarification of any underlying judgment. Perhaps there is an assumption from chancery that the petition was by way of enforcing a lower court judgment.

 

 

Hi Mike

 

 

Sorry for being unsure as to what you mean above, Can you explain more about your theory to me so I can give it some thought.

 

 

Regards Wendy xx

[Mike_hawk]

Your original app was filed at Southampton which (as you've since discovered) is incorrect for chancery division appeals.

 

You're outside London so I'm assuming this is now with Justice McCahill at Bristol? I can only guess, but if the papers have now been read and the redirect from the lower court has been noted there may be an assumption that your application is based on an appeal of a lower court judgment... in effect the underlying judgment would be the subject of the appeal and not the demand and subsequent petition for BR.

 

Out of interest, was it ever questioned if you were genuinely bankrupt ( unable to service the demand)?

[Mike_hawk]

Hope the above makes sense Wendy

 

There's a short process into the insolvency regime.. Stat demand followed by petition, or the longer and riskier process for the creditor... Lower court (small claims track in your case with the given values) followed by enforcement by way of SD.

[wendyboats]

You original app was filed at Southampton which (as you've since discovered) is incorrect for chancery division appeals.

 

You're outside London so I'm assuming this is now with Justice Macahill at Bristol? I can only guess, but if the papers have now been read and the redirect from the lower court has been noted there may be an assumption that your application is based on an appeal of a lower court judgment... in effect the underlying judgment would be the subject of the appeal and not the demand and subsequent petition for BR.

 

Out of interest, was it ever questioned if you were genuinely bankrupt ( unable to service the demand)?

 

 

Thanks Mike

 

 

I was advised I had to go to the original court of Judgement (Southampton) to apply to appeal the second failed court hearing, to overturn the Bankruptcy order, which was refused by the Judge, who was the same Judge who granted Bankruptcy in my absence.

 

 

Both were in lower court, and I was told it would be sent up to the Judge, who then sent it to Winchester, who then wrote and informed me it needed to be seen by Chancery division in London, all correspondence I have had has come from London.

 

 

The Bankruptcy should never have been granted as I never had chance to prove I did not owe £850.63 or 1 penny, in fact am owed PPI and high interest repayments.

 

 

This case is very long and complicated, but I owe nothing to anyone!

 

 

Regards Wendy xx

[Mike_hawk]

There are numerous section 9 judges around the country so I'm a little lost on why it was directed to London?

 

Had a quick look through the thread ( there's a heck of a lot of posts) did the sols give an indication why they would not take instruction in your case?

[wendyboats]

Your original app was filed at Southampton which (as you've since discovered) is incorrect for chancery division appeals.

 

You're outside London so I'm assuming this is now with Justice McCahill at Bristol? I can only guess, but if the papers have now been read and the redirect from the lower court has been noted there may be an assumption that your application is based on an appeal of a lower court judgment... in effect the underlying judgment would be the subject of the appeal and not the demand and subsequent petition for BR.

 

Out of interest, was it ever questioned if you were genuinely bankrupt ( unable to service the demand)?

 

 

Ah...........I got you I think, I could have paid it outright if id owed it, I understand from the paper work I have seen no application for any payment plan was ever made or considered, it was purely to get their hands on my half of equity in property !

 

 

I never received notice of hearing or anything re; Capone card. Judge allowed it to be posted in letter box and by first class post , I was living away at time and only new of it all after it was over.

 

 

Wendy xx