un1boy - N1 issued for breach of CCA request

[car2403]

THEY are the respondants, YOU are the appellant.

 

If they haven't filed anything, they are in trouble. This is probably why they are wanting you to panic a little...

[un1boy]

THEY are the respondants, YOU are the appellant.

 

If they haven't filed anything, they are in trouble. This is probably why they are wanting you to panic a little...

 

what do I do then?

 

To be honest I am panicking - I am goign to offer £500 payment that ca be paid immediately in addition to bearing our own costs in order to get this over with....

[car2403]

I think this is because they are hoping that you don't get permission to appeal - as the Court has already said that it will deal with your appeal if permission is granted on the same day, they have been very silly in not complying with the orders to submit argument before the hearing.

 

Sorry, but I can't see what you have to panic about, Un1?

 

They are the respondants to your application and have chosen to ignore the Courts orders on submissions of arguments.

[heliosfa]

what do I do then?

 

To be honest I am panicking - I am goign to offer £500 payment that ca be paid immediately in addition to bearing our own costs in order to get this over with....

 

Chill Un1! chill!

 

I think they have realised that THEY have made the mistake. If the court order really was/is wrong, why have they not applied to the court to get it ammended?

 

TBH and in my opinion, they know they are stuffed and they are just trying to scare you into bowing out. You can do it! you have everything there, you just need to get it infront of a decent judge now!

 

H

[un1boy]

Guys,

 

They have called to say that we are going to swap skeleton arguments on wednesday apparently.

[un1boy]

You can do it! you have everything there, you just need to get it infront of a decent judge now!

 

H

 

You're right, and that's the risk I can't afford to take to be honest - if I don't get a decent judge and he won't let me appeal, I can't take it further - simple as.....I can't afford financially to...

[car2403]

You have to go with your gut feeling - if you can settle on your terms that your happy with, go for it.

[foolishgirl]

If they already ahve a court order, can we still discuss a negotiated setltlement?

 

I was pretty confident a min ago after getting things sorted, by my confidence is shot now so I want to offer a cash settlement to them.

 

You have to go with your gut feeling - if you can settle on your terms that your happy with, go for it.

 

Just be aware that if you attempt a settlement uni, & they already have a court order, it still has to be put before the court to agree it otherwise they can come back & say you've not complied with the order. i.e. the 2 x parties cannot make an agreement between themselves & just forget the existence of the court order no matter how willing or what agreement they are both prepared to put a signature to.

 

IMO you have them on the run but I can see how the first DJ knocked your confidence so as car says, go with what suits you, it would still be a victory.

[humbleman]

I have just had a call from the bank's sols - the order says that the respondant needs to enter their skelton by he is saying it's me, not them and that the order is wrong

 

Believe me, they would not want to remind you of complying, they are trying to pull a fast one, they are on the run and they know it.

[AnimalMagic]

Believe me, they would not want to remind you of complying, they are trying to pull a fast one, they are on the run and they know it.

 

I'd be inclined to agree... When I went to court their solicitor scoffed at all my arguments, but I got what I wanted

[car2403]

{Grabs Un1 by the shoulders and shakes him, saying "man, your delirious"}

 

No, seriously, let me know what you're going to do or I won't sleep tonight...

[un1boy]

Guys,

 

Their skeleton arguments go on about how the judge was right because of the terms of the word embodies and that I agreed with that at the time.

 

to be honest, I am going to settle. The cheeky b@stards want 50% of the total ordered balance, incl the interest (around £3000) i asked them to accept £2000 coz that's what I have, and said could they consider the fact they breached orders and others things, but they said no.

 

I will prob pay them the 50% - my ultimate aim in all of this was only for the default ot be removed, which comes off naturally in 18 months anyway, lol....I was alwasys happy to pay the balance, but as time went on I thought "F*** it, I might as well go for the account ot be written off".

 

So, to pay 50% of the balance is ok by me....I just can't risk going in front of another judge who doesn't understand the law.

 

What I will do is complain about the court to the ministry of justivce (and with transcripts of the hering and judgemnt, that should be easier!!) and I will make complaints about the sols to the Solicitors Regulation Authority over the way they breached orders and didn't give me their sjieleton arguments....I'll let those complaints sort themselves out....at the end of the day, the sols h ave a duty of care over me too apparently....so we;ll see what the SRA have to say about it.

 

I just really can't afford to not get permission to appeal and have to take it further....

 

I haven't settled yet, and still have another week or so until the hearing.

 

If I do agree setllement, what happens as I am aware they have this order...the sols told me that they can get the order struck out by consent.

[banker_rhymes_with]

Hello Un1boy!

 

I really think you should keep going. I know I would.

 

If you re-read your Skeleton, you have a lot going for you.

 

I know it's daunting but, letting these people off the hook now would be a great shame, and one you may look back on later and wish you had pushed on.

 

But, this is just my opinion, and you must do what you are happy with.

 

However, the case history makes a very clear distinction between s61(1)(a) contains and s61(1)(b) embodies.

 

Their argument does not hold up, yours does.

 

Cheer,

BRW

[un1boy]

Hello Un1boy!

 

I really think you should keep going. I know I would.

 

If you re-read your Skeleton, you have a lot going for you.

 

I know it's daunting but, letting these people off the hook now would be a great shame, and one you may look back on later and wish you had pushed on.

 

But, this is just my opinion, and you must do what you are happy with.

 

However, the case history makes a very clear distinction between s61(1)(a) contains and s61(1)(b) embodies.

 

Their argument does not hold up, yours does.

 

Cheer,

BRW

 

Hiya

 

Thanks for this.

 

What case history are you referring to? The only thing I hvae relating to that is Goode's thing and to be honest I think they are trying to get it "struck out" as new evidence.

[un1boy]

Hello Un1boy!

 

I really think you should keep going. I know I would.

 

If you re-read your Skeleton, you have a lot going for you.

 

I know it's daunting but, letting these people off the hook now would be a great shame, and one you may look back on later and wish you had pushed on.

 

But, this is just my opinion, and you must do what you are happy with.

 

However, the case history makes a very clear distinction between s61(1)(a) contains and s61(1)(b) embodies.

 

Their argument does not hold up, yours does.

 

Cheer,

BRW

 

I know what you mean - but if the judge doesn't agree....and I have to consider s/he won't...I can't afford to appeal it again.

 

And...if I win, I reckon they'll appeal - which means it'll go on even longer.

 

My confidence has been shot to pieces to be honest and I just can't the risk.

[car2403]

I suppose if you're avoiding future cost implications by settling now, you're actually saving in the long run, Un1.

 

Only you can make that judgment call, though.

 

We aren't all Crusaders...

[un1boy]

We aren't all Crusaders...

 

Thanks....you making me feel guilty now!!

[un1boy]

Aw....I feel like I've let everyone down now.

 

The decision to settle hasn't come lightly, I assure you all. My reasons behind it are:

 

a. I simply cannot afford to appeal if this Judge doesn't understand and ends up not giving me right to appeal.

 

b. I was always happy to pay the balance tried to offer before it even went to court.

 

c. It's been going on for 3 years now and I have been so stressed out with it that it's been effecting my work and relationship.

 

d. If the Judge does allow me to appeal, but still doesn't understand the law, I cannot afford it if he rules in their favour and would then probably allow them costs too.

 

e. After my experiences with the court system letting me down, I can't risk having to go through all of this again more than anything.

 

f. My main aim was to get the default removed....seeing as there is only 18 months left until it gets removed naturally, there seems little point in it all now to be honest.

 

g. I just simply cannot afford any more costs financially.

 

h. Looking at the way the bank charges cases have been handled, and considering the global banking crisis, it worries me to see that certain judges are considering putting these types of claims on hold as well. I therefore think it is highly likeley that a judge would rule in their favour anyway just through not wanting the banks to end up going bankrupt (and these cases more than bank charges are likely to have that happen).

 

I have no faith in the "justise" system and I am tired of fighting it.

 

I would love nothing more than to take this to trial and end up winning as I think I would be awarded interest and costs, but I am not being greedy with it and it can directly effect my job (which at the moment is very risky anyway) and I was likely to be taken on with the default anywyay. If I can be seen to be paying it off, that may help.

 

I hope all if this makes sense?

[foolishgirl]

It makes perfect sense Uni, you mustn't feel guilty. You have got to get what you feel is the best result for you out of these situations, you are not acting on behalf of a CAG campaign.

 

You have exceeded beyond expectation to get this far & your postings have been to the benefit of CAGers who can take all your experiences & learn from them.

 

Make your decision, go with it & live the rest of your life in peace & happiness.

 

Best wishes - FG

[AnimalMagic]

Hey Uni,

 

I'm disappointed in your decision, but you shouldn't feel bad or guilty at all... You've put up a great fight and you have to do what is right for you... Now get on with the rest of your life!

 

Here's to a happy and successful future...

 

Regards

[banker_rhymes_with]

Hello Un1boy!

 

I feel like I've let everyone down now.

Not at all, I think people can just see that you are close to victory, but close is by no means a certainty. So, you must do what you feel is best. No need at all to feel bad about that. I for one would not want you to feel that way, and hope nothing I have said has caused you to feel like that.

 

The sad fact is the system is bent, and the majority of Judges are biased towards the banks. Not all, and not an overwhelming majority, but it is definitely well over 50%. The chances of getting a bad Judge are far higher than getting a good one.

 

However, I do feel that the bias starts to fade the higher up you go, so your chances of a fairer hearing at the next step up is higher. Not brilliant, but likely to be better.

 

Sadly, it all gets much more stressful and pressured the higher it gets, and the banks/DCAs know this. They rely upon beating people at the first and second hurdles, because they know the system is weighted in their favour at the County Court Deputy-District/District/Circuit Judge level.

 

It's still wobbly at the High Court level too, but once you get there, they tend to look at the law a little more carefully, and there's less room for bias. If they want to be biased at that level, then they have to work harder at it. Take the Rankine Judgement for example, and look at how hard that Judge had to work to get the result he wanted. That Judgment will be challenged one day, and not before time.

 

The bottom line is, if you have had enough of this nonsense, and want to get on with your life and move on, then nobody here is going to hold that against you at all.

 

Your battle is just one that many people have followed, so many people are fighting their own battles through yours, and so would really like to see you take them on as far as it goes to obtain fairness.

 

It is easy to encourage someone, much harder to fight the battle yourself.

 

I do know what you are going through.

 

Cheers,

BRW

[banker_rhymes_with]

Hello Un1boy!

 

Just one more thought...if you have £2k available to settle with, another possible thought could be to spend that on a good Barrister.

 

Going in armed with your own Barrister will significantly boost your chances and, if you win, you will get those fees back, plus you will also get back a lot more besides.

 

Flip side is, if you lose, you have spent the £2k you were going to try and settle with...but the likelihood of complete failure reduces if you have someone competent to fight your corner.

 

I can see your reservations, because fighting this at Appeal as a Litigant in Person is 2-3 times harder than fighting the original case as a Litigant in Person.

 

I would say that when going for an Appeal, and if it is at all possible, then it's almost a requirement that you should try and line up a Barrister to fight that particular battle for you.

 

Going in alone is indeed a daunting step, so I'm not at all surprised that you are not confident, given the way the system has treated you thus far.

 

Cheers,

BRW

[un1boy]

Thanks for all your posts.

 

I would get a solicitor to represent me with the 2k but to be honest, it's too late now - the hearing is on weds.

 

Even with a solicitor, if I won I think the bank would appeal and I just can't have this going on any longer.

 

I work in finance and having the default is bad enough - if I get mad eredundant then I'm less employable with it for a start.

 

But the main reaosn for settling is just that I can't take the risk with costs. There is an article on the bbc news website about companies claiming these agreements can be made unenforcable and it's the ministry of justice telling people to be careful etc etc and I just can't afford to take this any higher.

 

It was quite funny actually - I told the guy at the sols that II was reporting them to the SRA and he completely changed his tune with meand started being nice. He asked if I was complaining about him or the company - I just said "you will recevie notificaiton from the SRA in due course"

 

The bank's sols have told me I don't have to go to the hearing if I don't want to on weds, but I don't have permission not to attend. Do you think i should attend anyway?

[car2403]

If you've really resigned yourself to leaving it as it is, whatever happens, Un1, it may just be worthwhile you're attending. If you share your challenges with the Judge, he can't fail to see how you've been mistreated by the "system", how the other side have played you. Hearing that you've finally given up, won't take it further whatever he decides, after all that, might just get you a lenient ear and some favour for coming this far.

 

I don't think the Bank will appeal if you win - it would cost them more money, after bad, so the commercial decision should be to let sleeping dogs lie from both of you.

 

Good luck with whatever you decide to do, matey...

[dad]

Un1,

 

The bank's sols have told me I don't have to go to the hearing if I don't want to on weds, but I don't have permission not to attend. Do you think i should attend anyway?

 

Totally understand your reasons. You MUST go on Wednesday as if you do not there is a good chance that the Bank's solicitor will try to stiff you with a wasted costs order.

 

This is small claims track? If it is then there can be no costs order from an appeal hearing unless you are unreasonable. Not turning up could be classed as unreasonable.

 

Good Luck

 

Dad

 

Dad