Jump to content


  • Tweets

  • Posts

    • I'm on happy pills (anti depressants) but they aren't cutting the mustard anymore and I do need to see my GP soon to see if he can help in anyway. With regards to gambling it's so complicated; through my life I have made money (as well as having had some jobs)  being a "professional gambler" (gambling where the odds are in your favour - think card counting for example, fruit machines years ago for a long time.... Other things.) But I've also been totally compulsive at the same time. It;'s so entrenched in my psyche that it's hard to imagine just giving it up totally. I also have drug issues that have plagued me and it's a shame because I am fairly intelligent and could have been successful in life in theory but mainly due to those two things (and not really having any drive, ambition, whatever... I could go on and on but this isn't a therapy forum :P) I've not managed to. I'm 36 by the way. Cheers
    • Oh I just remembered I have a long defaulted account with Halifax balance approx £3700 I believe (from around 2015) but they aren't chasing me for it or anything. It was actually over £5000 but they refunded me a load of unfair charges (their words)  This does however push me over the £20,000 limit for a DRO I think?  
    • Hi.   I think you've made a good start by setting out in writing what you need to deal with. People should be along later to advise on how to deal with your creditors.   For the mental side of things, have you talked to your GP about getting some help with what's getting you down? Or support with the gambling issues?   HB
    • Hi people.   So I've managed to get myself into a sorry state financially. I'm insanely depressed which I guess is common for many. I don't think all of it comes down to the financial stuff but it is really crushing me now.   Facts: A lot of debt has been due to living on credit and gambling. I don't have a job. I know I should get one but I just totally despondant at the moment (due to many reasons). I don't expect any sympathy but I thought I would share this.   It's tempting to bury my head in the sand and wait for the inevitable calls from various collections departments but I want to be as proactive as possible. I think I've cancelled all direct debits so I don't get bouncing charges from the banks...   So onto the debts:   Loans livelend; £2400 was 4k 13% interest Bamboo £3000 (only just made the first payment this month) supid interest Likelyloans approx £3500 stupid interest  One payday loan for £200 I just got to cover some bills (knowing that I'd unlikely be able to pay it) - this is the only thing I haven't cancelled with the bank as they just take it from your card   Credit cards: Aqua approx. 3900 Capital one approx. 1200 Amazon approx £500 Paypal Credit Approx £1100 Overdrafts Santander £1500 Barclays £1k limit (I don't actually pay anything for this)   So all in all approximately £18,000     I also have a negative Paypal balance of £5000 but I don't believe this classes as a debt and I don't think they can do anything about this having read up on it quite a lot.   I guess my question is what is my best course of action. Should I look to do a DRO? Should I go bankrupt? (eurgh. Full disclosure I did this 15 years ago when I was 21. You think I would have learnt!) Should I write to each creditor and offer them £1 a month? Should I talk to one of the debt charities?   It is all my fault that I'm in this state but I also know that it's not the end of the world because they are all non priority debts. I probably am slightly behind on the council tax but not significantly.   I started claiming universal credit a couple of weeks ago and had my first appointment last week but managed to miss the next one due to not being able to sleep and then oversleeping and so I guess they've probably kicked me off that already and I might have to claim again.    So yeah. I take responsibility for what's happened but I don't see any way out. I've been very depressed lately due to this and other things. There is no one to "bail me out" and I probably don't need or want that anyway. Any advice appreciated          
    • Hi All,   I left the UAE 2 years ago. Have my bank clearance letter from HSBC.  I have been receiving emails from a company based in Hemel Hampstead IDRWW about money owed to the bank of RAK in the UAE which I’ve ignored as thought it was spam. I have now received a letter through the post saying the same thing (no idea how they have got my new address) that they are acting on behalf of RAK bank. I’ve never had an account with them but know how dodgy things are over there so would be nervous going back!.... Do I just ignore it or reply? It must be identity theft?  I am also nervous about travelling as I travel a lot & wouldn’t want to be arrested!!  I obviously have no intent on paying a debt that is not mine plus have no assets here anyway... Can they actually take me to court for something that isn’t mine??  Any info gratefully received.  Have spoken to citizens advice & they couldn’t help. Thankyou   
  • Our picks

Agamemnon13563

Claim against Parliamentary and Health Services Ombudsman.

style="text-align:center;"> Please note that this topic has not had any new posts for the last 886 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi all.

 

 

I have an N244 hearing (summary judgement/strike out of defendants defence) on the 9th June. I have not received any written evidence from the defendant (so far) but if I don't receive anything from them, do I still file my written evidence within 3 days prior to the hearing?

 

 

Thanks.

Share this post


Link to post
Share on other sites

What written evidence do you have and why didn't you include it with your N244 Application?!

Share this post


Link to post
Share on other sites

I sent a written statement with the application and was not aware that written evidence could/should be sent at the same time. The evidence I have is that the PHSO have lied ( or rather been untruthful) in their defence bundle, made changes to the previously agreed Statement of Agreement without my permission.

Share this post


Link to post
Share on other sites

An application for summary judgment isn't a 'mini-trial'. To defeat your application, all the D need do is show that there is an issue to be decided, and that issue provides them with a realistic prospect of a defence.

 

The judge may disagree, but (even without seeing any witness statement / evidence from D), it looks to me like there is still an issue to be decided, and you are trying to get it decided at this hearing, rather than at trial.

 

You may also have 'not got the judge on your side' by not providing a draft of the order that you want (the draft could have been simple, and read 'draft order that:

a) the defence be struck out, and

b) summary judgment be made for the claimant'.

 

This is pretty much what your application states, and you could have just supplied this as a draft order, and then been able to tick "draft order supplied - yes' instead of 'no' (& judges like that .... !)

 

I'm still unsure if you have "such a slam dunk" as you believe, so (even though I'd be delighted to be wrong), I doubt you'll achieve summary judgment.

If you don't, what do you expect to happen regarding costs?.

Share this post


Link to post
Share on other sites

I apologise if this seems a bit naïve but I thought that lying in your defence bundle after signing a statement of truth meant that the defendant was no longer allowed to defend the said case (or some similar form of punishment).

 

 

As for costs, provided it doesn't go over 10k then that would be ok.

Share this post


Link to post
Share on other sites

Proving they were lying would be an issue for trial, though.

 

Are you sure they were lying? Could they be mistaken or referring to a different aspect??

 

I doubt the costs for a summary judgment application that failed would be 10k, but they could be assessed independently to (& perhaps additionally to) any later costs in the case.

Share this post


Link to post
Share on other sites
Proving they were lying would be an issue for trial, though.

 

Are you sure they were lying? Could they be mistaken or referring to a different aspect??

 

Hardly the kind of mistake a "professional! solicitor would make and certainly no way it could be misinterpreted or misunderstood.

 

As for proving they were lying, surely this is what N244 Applications/Hearings are for, as well as minimising time and expense (and in my case, additional suffering) of going to full trial when it isn't necessary.

 

Thank you so much for your comments BazzaS, I really do appreciate them.

Share this post


Link to post
Share on other sites

Hi there.

 

Just had my hearing and I am totally confused.

 

The respondent failed to show up and the judge still carried on with his judgement. He ignored the statement which I sent with my application and never mentioned any of it but he did go in detail regarding the respondents defence.

 

He dismissed my application and told me that I have 4 weeks (until 7th of July) to submit full representation of my case so that he/they could decide whether my claim should continue.

 

I feel cheated that I was unable to question the respondent and that my statement was not even mentioned, let alone contemplated.

 

What is full representation?

 

What are my options?

 

Can I drop my case and resubmit it?

Share this post


Link to post
Share on other sites

 

I feel cheated that I was unable to question the respondent and that my statement was not even mentioned, let alone contemplated.

 

.

.

.

.

.

 

Can I drop my case and resubmit it?

 

Was there any application on costs / decision on costs?.

 

They must have been pretty confident in their submission to not send anyone prepared to make oral argument.

 

When I said previously "its not a mini-trial", that includes that you don't get to question the respondent .... the hearing was to consider your application for summary judgment / strike out of the defence, not for you to question the respondent or try to advance your case.

 

Why would you want to "drop your case and resubmit it"? What do you feel is wrong with it as it stands?.

 

You can't do so for resubmitting your case on the same (or substantially the same) Particulars of Claim ; it is up to you to get them right first time, otherwise parties would keep discontinuing claims and resubmitting them, leading to endless loops of litigation. You can file supplemental witness statements, and (if you really need to), ask the court if you can amend your particulars of claim ; at this stage that would be at the court's discretion.

Share this post


Link to post
Share on other sites

Hi BazzaS

 

 

Thanks for your response. I am confident of the evidence I have, it's just that my "presentation" skills (mostly because of my health and the cocktail of drugs I have to take) have been disastrous.

 

 

I fully understand what you are saying and I thank you for the clarity.

 

 

No mention was made regarding an application for costs, in fact there was no mention of costs at all.

Share this post


Link to post
Share on other sites
Hi BazzaS

 

Thanks for your response. I am confident of the evidence I have, it's just that my "presentation" skills (mostly because of my health and the cocktail of drugs I have to take) have been disastrous.

 

 

If you have a rock solid case but fear your presentation of it will let you down ; consider employing a solicitor.

They can represent you in court, and are used to presenting their client's case.

 

They'll also be able to give you an assessment of if they agree with you regarding the strength/merits of your case.

 

Hindsight is a wonderful thing, but if you had concerns about your 'presentation' then you might have got a solicitor on a 'no win / no fee" basis before starting the claim, but that seems unlikely as an option now the claim has commenced.

Share this post


Link to post
Share on other sites

Prior to starting my claim I tried 14ish lawyers and all but 2 called me back and the moment I mentioned disability, legal aid and who the case was against, they refused to help, their response was that they don't handle cases like mine despite the fact I had checked everyone as to whether they take legal aid cases.

 

 

I will try on Monday to find one that will continue the case etc and hope that the 10k my family clubbed together for me will be enough to obtain their help. Otherwise I will have to "pull my socks up" and find a way.

Share this post


Link to post
Share on other sites

I wasn't suggesting legal aid (which had become increasing rare for civil cases outside of specific exceptions), but "no win, no fee".

 

Did you look into that, rather than legal aid? If so, did you get any feedback on the strength / weaknesses of your case?

Share this post


Link to post
Share on other sites

At the time, I checked if I was eligible for legal aid and I was.

 

 

I checked with roughly 3 no win no fee solicitors (Irwin Mitchell was one) but there was no call back.

 

 

There was no feedback from any of them.

Share this post


Link to post
Share on other sites

you are learning the disgraceful operation and collusion Lawyers v Government establishment - regulators are the same ignore fact and box themselves in, sorry state of affairs this country is in and has been for decades, no real leadership of worth. old school boys networks, = Treason of course you are not allowed to state that as it makes them tremble and cry - rant over! good luck


:mad2::-x:jaw::sad:

Share this post


Link to post
Share on other sites

Rant away Old Cogger, I have felt like doing it several times myself but managed to bite my tongue lol.

Share this post


Link to post
Share on other sites
Rant away Old Cogger, I have felt like doing it several times myself but managed to bite my tongue lol.

 

Do some research into pro bono legal help. There is a bar association in London that helps with High Court cases. You are more likely to get help that way, than legal aid or no Win no fee..

 

If you present an interesting case to a pro bono Solicitor or Barrister, they might just take it up. But write a very brief summary of your case and its merits. Don't make it sound too complicated, as you will put them off.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...