Old EDF B2B CCJ - been making cash payments - EDF wont accept them - Writ of control help

[Billy Williams]

Thank you.  A series of blood tests in relation to diagnosis of possible prostate cancer, which have proved inconclusive, and have been going on for months, is something  that seems to have meant, I can't think straight at the moment.  I am very grateful for your reply.............

The debt charities, I have spoken to, have been of little or no help. 

[dx100uk]

they never are !!

why aren't the hosp sending you for a pet scan rather than keep doing bloods?

dx

[Billy Williams]

I am very overweight and they suggest I wont fit into their MRI scanner.

 

[dx100uk]

what about a PET scan that will give you yea or neigh on cancer anywhere 

they are slightly bigger. neighbour was 26st he fitted

dx

[Billy Williams]

Not knowing, one way or another, is not great!  Lady from the MRI scanner dept, said they can scan people up to 70cm dia,  I am about 50cm. I will ask about the PET.............thanks. 

[dx100uk]

some NHS trusts can be funny i know.

but the ultimate go, no go, on finding cancer is a PET scan, you get a contrast infusion,, after 45mins off you go,  scan is very quick. you just have to fast for a good few hours (the more the better) before you go.. water only .

dx

[Billy Williams]

Thanks very much, I will see if any possibility of that.

[Billy Williams]

When it appears that a litigant has made a submission in civil proceedings, which is verified by a statement of truth, and the said submission is wholly or in part untrue, what is the procedure in relation to making a Part 81 application, to make the court aware of this? 

Is there any requirement under Part 22.4 Para 2, to disclose the specific material verified by a statement of truth, after another litigant, makes an application for disclosure through the court? 

In relation to complaints dealt with by the energy Ombudsman, is there any reason for the Ombudsman not to investigate matters related to whether payments sent to a provider, by a complainant, have or have not been received? 

Royal Mail confirmations that payments had been accepted and signed for by the provider, were supplied to the Ombudsman. The Ombudsman holds that any determination on the credibility of the Royal Mail confirmations, is related to points of law, so they cannot become involved.

Finally, in relation to complaints upheld by the Ombudsman, who has suggested the provider should fulfil specific requirements, is any sort of sanction likely to be applied, should the requirements of the Ombudsman be ignored?   

I apologise for the clumsy and rambling questions above, but I have very little understanding of the law, and the Ombudsman refuses to provide any clarification on the points denoted in my last 2 paragraphs...............

.thank you for any advice.   

[honeybee13]

I suppose this is about your existing thread? We keep saying that it's best to keep all the information together  to help the advisers. 

HB

[Billy Williams]

It is related to the case already mentioned, but my questions are related to specific matters of procedure, related to CPR, and issues concerning the Ombudsman. Thought it might be far easier to post a separate question,  which might help avoid going over points which have already been covered?

[dx100uk]

nope please keep to one thread

there are far more people subbed to your old thread than might poss read a new one.

[dx100uk]

cant see why your latest theories are ever needed.... simply get the n244 hearing and in your statement for the hearing simply put i dispute i owe the figure claimed

the claimant has refused my numerous requests for a full statement and have also refused to comply with an FOS ruling that they should provide a statement too.

you dont  need to go reseRCHING ANYTHING ELSE ITS THAT SIMPLE.

DX

 

[Billy Williams]

I have managed to get some advice.  Have now decided to make a Part 81 application to the RCJ, in relation to the claimants' contempt of court.

Seemingly it is against the law to make submissions, supported by a statement of truth, which the applicant knows are untrue?

Whether that's so or not, I have no idea, but as I can't find a solicitor able to help with a 30-minute interview, just got to give it a try. 

[dx100uk]

Forget it 

No need

Let the judge deal with it at the hearing. Silly advice being given and being believed you are going overboard here 

 

Dx

[Billy Williams]

Should a party in civil proceedings knowingly make a submission that is untrue and is validated by a signed statement of truth, could this be construed as contempt of court? 

If contempt were to be proven, would there be any possibility of punitive action being taken? 

[dx100uk]

threads merged yet again

please keep to one thread on all questions regarding the same debt.

did you get the n244 in and running?

as i said before, these questions you keep asking is for a judge to decide upon the evidence in yours and their statements

dx

[Billy Williams]

The contempt of court seems to me clear-cut, and not something that needs to be decided by a judge? 

Now the writ of control issue has been decided, and the contempt matter, has materially affected due process, it appears that there is a possibility of conspiracy to pervert the course of justice ? (as others had become involved)

Bearing in mind the contempt, there appear to be very substantive grounds for requiring compensatory payments, from both the claimant, and the sub-epsilon attack dogs, who threatened and harassed me over several weeks?

The claimant is currently considering making a compensatory payment, and I would imagine is not eager for the fact that it is still perfectly acceptable to make payments in cash, to be broadcast far and wide, as there is a possibility that others might do the same?

 

[dx100uk]

but its for a judge to decide.

did you begin the n244 process?

dx

 

[honeybee13]

I'm interested to know who decides on contempt of court if not a judge. 

HB

[AndyOrch]

By way of an application N244

If the application is made in the High Court, it shall be determined by a High Court judge of the Division in which the case is proceeding.

 A contempt application in relation to alleged interference with the due administration of justice, otherwise than in existing High Court or county court proceedings, is made by an application to the High Court under Part 8.

[Billy Williams]

The spurious application was made in Coventry High Court. It is now being dealt with by Southampton, who dismissed the writ of control, which had been obtained from Coventry. If there has been contempt of court, through knowingly making an application which is untrue, what would be the likely outcome of that?

[AndyOrch]

See 81.6

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-81-applications-and-proceedings-in-relation-to-contempt-of-court

 

[Billy Williams]

Thanks, I have already looked at Part 81.  I think I will need to make an application to find out exactly what they have claimed, and take it from there.

[Billy Williams]

Today I got a letter from a past energy provider, suggesting that due to the time it had taken them to draft cleansed  SARs requests from myself, and difficulties with processing payments I had been sending them in cash,

in accord with the requirements of a court order suggesting I should make monthly payments, that they feel it is now appropriate to write off the amount outstanding, which is some £4000! 

I have had several emails from them, demanding that I should phone them, and provide details of the further applications I have made relating to the matter.

I understand that making false submissions to the high court to obtain a writ of control, is something that might be seen in a relatively dim light, and wonder if that has actually taken place,

what the consequences for those involved with the spurious application, might actually be? 

 

[dx100uk]

you won

dx