Jump to content



Oh The Audacity of DG


Please note that this topic has not had any new posts for the last 4256 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

Glad you liked the pic, - coffee , no sugar for me please, if you're still brewing, Auburn.................:D

 

Best of Luck , Girl! :) xx

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites
  • Replies 2.8k
  • Created
  • Last Reply

Top Posters In This Topic

I am jsut going ot make a fresh one, I have a feeling you might take it the same as me. plain black!!!!........

 

ok am not leaving till 11.15-11.25 so if anyone wants to pm their mobile. so i can let you know as soon as i come out the court room do so:):)

rockin all over the world

Link to post
Share on other sites

Patience, Auburn, ...you'll get at them soon enough! LOL!:Djohn_wayne_true_grit__1_med.jpg Just to keep yu goin'..............;)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites

Pete's just said it for all of us, Auburn ........:-| but please, carry on with your story..........

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites

their Barrister arrived, she did not give us any type of defence at all........ entered the court room...........put my arguments forward, IE non compliance "abuse of process" and the overriding objective......... and was told by the Judge that none of the aforementioned had any relevance to the stay......

 

he then proceeded to tell me that he had seen this kind of argument before on many occasions and was "well acquainted with them" and where they came from"

 

All the Barrister said in the banks defence was "we were inundated with this type of request and due to pressure of case load could not answer every letter/fax...email etc." erm ignoring correspondence for 6 months!!!

she then refereed to the Carlisle v Clydesdale bank case of Aguste Th 2007. the judge asked her if she had a copy for the court she said NO only my copy which has notes on it. he informed her she was well acquainted with court procedure....... but allowed it and read it, then asked if we had seen it....

 

Then told me that it was in my best interest to read it......I pointed out that in my view this had NO RELEVANCE as the vexatious defendant had breached the courts own civil procedures rules prior to the OFT announcement and that case........

 

His response was that the OFT waiver took precedence over everything!!!!!

 

The banks Barrister then asked for costs!!!!!!!!! he made reference to it not being a small claim. at this point I pointed out that as per the court order of the Th May 2007 it was a small claim and that is the track it had been allocated to........he said it wasnt......the banks Barrister pointed out that it had infact been allocated to the small claims track.....he then said that cost would be reserved and this was something that would be decided at a later date...

 

and he was not granting the request.... then asked if I wished to say anything else.....My response was yes I wish leave to appeal to a higher court.... his reaction was GOB smacked........ and asked why...... I said on A points of law IE their non compliance and B The overriding objective. that all parties are treated equally...........he did not grant leave to appeal as he felt it was not appropriate......

 

He also said on 3 separate occasions "That I should seek expert legal advice"........

 

he saw no reason to over turn the stay order of the 6th August.

 

So its now wait on the out come of the test case in January or when ever it is concluded......

rockin all over the world

Link to post
Share on other sites

I'm gutted for you Auburn, sounds like it was cut and dried before you got there..

My response was yes I wish leave to appeal to a higher court.... his reaction was GOB smacked........

 

At least you got a blow in there, Girl, - but correct me if I'm wrong , aren't small claims courts there so you don't have to have legal reps..

 

They really have got a bloody cheek asking for costs - (a) in a small claims action and (b) because there would be no action if they had not applied unlawful charges in the first place........:mad:

 

Put your feet up and relax Auburn, you've done your best - and it's not over yet.. just postponed, ..........:) :)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites

Oh Dear Auds! Never mind at least you had a go! How can they ask for costs in small claims court? I didn't think that was allowed and as they are the defendant and the claim has been stayed how could they possibly grant them??? If thats the case then surely youcould have claimed costs too!!

Link to post
Share on other sites

and I also aksed and gave a list that the bank be prevented from applying any further charges or defaults or close the account...... he said that he was nto going ot read it as that is not what this hearing was for. it was purely for they stay and nothing else.........

 

he also said that someone has appealled to a higher court on the same grounds as I wanted to and that the senior circuit judge did nto over turn the decision and advised that this was not appropriate and would also be very COSTLTY. I am now going to seek "EXPERT LEGAL ADVICE ON THIS"

rockin all over the world

Link to post
Share on other sites

Right well thats not so bad :) it sounds like the judge was following orders from above. Think your right to get expert advice if you intend to take it further and the judge is right that will be costly if you loose.

 

The Carlisle v Clydesdale judgment is the appeal to a higher court on the same grounds as you wanted and that the senior circuit judge did not over turn the decision... BUT he did refuse costs AND say the stay would be removed immediately and the case would be heard in court if the bank tried to recover the debt or issue default notices.

 

Sounds like you gave as good as you got which is all you can do, sit and have a quiet think about what happened and what was said before you decide what to do next. Whatever you decide you know we are all here to help you.

 

pete

Link to post
Share on other sites
Sounds like you gave as good as you got which is all you can do, sit and have a quiet think about what happened and what was said before you decide what to do next. Whatever you decide you know we are all here to help you.

 

Good advice and you know you're not on your own, Auburn .

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites

thanks for all the support and comments they are greatly appreciated.......but feel that I am now no longer in a position to give advice on the fighting of stays.........I tried my best, it is ufortunate that the arguements I used are the same as I have given a couple of others recently and they won............

 

I now do not feel comfortable offering this adivce.... thanks again all who have given me advice , help and support over th e past 6 months.....

  • Haha 1

rockin all over the world

Link to post
Share on other sites
but feel that I am now no longer in a position to give advice on the fighting of stays.........I tried my best, it is ufortunate that the arguements I used are the same as I have given a couple of others recently and they won............

 

I now do not feel comfortable offering this adivce.... .....

 

you advice was invaluable & helped some win their cases. it wasnt wrong advice. each person needs to go in with as much ammo as possible. if the judges mind is made up theres nothing you can do about it.

Link to post
Share on other sites
you advice was invaluable & helped some win their cases. it wasnt wrong advice. each person needs to go in with as much ammo as possible. if the judges mind is made up theres nothing you can do about it.

 

 

I second that dont you dare run off !!!! the fact that the arguements you used are the same as you have given a couple of others recently and they won proves there is nothing wrong with what you were saying and you have in fact won twice :)

 

pete

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...