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Bromley County Court 24-Aug-07 Hearing


Noddy73
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hope this is of help...............

 

have your objections ot the stay request ready to argue with the judge at the hearing...........if they submit any last minute paperwork at the hearing ask for an adjournment for time to ready and understand it you are after all only a "litigant in person"..........

rockin all over the world

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thank you for your help the only thing i have from the bank is their defence and the court have not recd anything from them as yet so do you think the letter you have gave me to be good enough if they ask for a stay because it is all getting very confusing but at the end of the day i dont want to be standing thier like an idiot

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So have we decided which form is to be used to ask for a defence to be stuck out? N244 or n227!

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Best of luck, please inform us of the outcome.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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I'd be as useful as chocolate fireguard, since I don't know any of your cases/backgrounds, etc, and don't have time to catch up, but if you guys would like me to come up for moral support and general hand holding tomorrow, I have come back from holidays early (which is why I hadn't mentioned this before), I'm only down the road from BCC (New Addington), so just say. Just so you know, you lot know a whole bunch more about stays than me, as I haven't been around much, and am barely starting to catch up. Anyway, the offer is there. :-)

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Called Bromley and case is listed for tomorrow. We will have our day in court. Asked what is the chance of it being stayed this afternoon and told small.

 

Whether we win, lose or it gets stayed, this has been a lovely journey and thank you for everyone help.

 

I'll update you tomorrow.

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Re: Bromley County Court 24-Aug-07 Hearing

Just called DG - There client has instructed them to make no more offers. On the phone to Bromley County Court.

This just confirms all the more to me that DG are members of this site adn they are readin the borads........... they now know that ocmplaints are being made aboutthem breaching the !waiver" terms and conditions.............. this shows just how much we are breaching the wall. the flood defence are starting to give way.........

they know that there is a good chance the OFT could pull the plug on the Waive because of this.............

There is more than one way ot skin a rabbit DG:):):)

rockin all over the world

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Best of luck for tomorrow

 

jan:)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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i'll be sending good vibs your way -

don't let the dg guys bully you -

 

mother lattie says - be polite, but not cowed.

be assertive, not aggressive.

be confident,

and again - be polite - even to the bad guys!

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hi help someone i have been at a funeral all day i have just gone through by stuff for tomorrow can some one please give me the link for a n244 as i think i may need this if there is a stay HELP....................................

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hi sky

in the box on the top left you tick the box for hearing

 

leave the rest blank except 6...... parties ot be informend. put DG in there

 

part A your name

 

2 remove stay granted on put hte date in here............

 

3 if DG did not submit what they were order to by the court by the due date then put his....................

The Defendant breached rule 3.4(2)(b) & ©...........of the civil procedure rules............. , and Human Rights Act 1998 Article 6 of the convention............... and a record of contact between the Claimant and the Defendant.............. p[art B

 

tick the box evidence in part C in support of my application................

 

4 sign your name and address

 

on the back part C write the following

please find attached my supporting evidence

 

copy of all letters handed into the court...........if oyu sent any............

 

copy of the human rights Act 1998 Article 6 of the convention

copy of contact between claimant and defendant...........

 

just type out alist of dates your wrote and their response. ie no reply............... and then sign and date the bottom

rockin all over the world

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Article 6: Right to a Fair Trial

 

1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly, but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice. 2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. 3. Everyone charged with a criminal offence has the following minimum rights - (a) to be informed promptly, in a language which he or she understands and in detail, of the nature and cause of the accusation against him; (b) to have adequate time and facilities for the preparation of his defence; © to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require; (d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.

Article 6 guarantees the right to a fair trial in civil and criminal proceedings. It sets standards for the way that proceedings are run. Although you may feel that you have not had a fair trial if you lose your case, there will only be a breach of Article 6 if these standards have not been met.

 

Criminal proceedings are when someone is prosecuted for an offence. Under Article 6 criminal proceedings have a wider meaning than they usually have in English law. Under Article 6 cases against people for contempt of court or for not paying their council tax count as criminal proceedings.

 

Any court proceedings which are not criminal cases are civil proceedings. Article 6 covers most but not all civil proceedings. Proceedings between private people or organisations to settle a dispute between them are covered by Article 6. Proceedings between a private person or organisation and the Government or a public authority may be covered by Article 6.

 

Certain standards apply in both criminal and civil proceedings. These rights include:

 

  • The right to a trial within a reasonable time.
  • The right to an independent and impartial judge or tribunal.
  • The right to a public hearing (although there are circumstances when the public can be excluded)
  • The right to a public judgment (although this may be restricted in certain types of cases, e.g. family cases.)

In civil proceedings Article 6 also protects the right to take court proceedings to settle a dispute, although this right may be restricted in some circumstances. It may also give the right to legal aid where the dispute is very complicated and you are at a disadvantage because you cannot afford a lawyer.

 

There are further rights in criminal proceedings. These include:

 

  • The right to be presumed innocent until you have been proved to be guilty.
  • The right to be informed at a very early stage what the accusation against you is.
  • The right not to be forced to answer questions, although the court may be able to draw conclusions from your failure to answer questions.
  • The right to adequate time to prepare your defence.
  • The right to have legal aid for a lawyer if you cannot afford one and it is in the interests of justice for you to have one.
  • The right to be present at your trial.
  • The right to put your side of the case at your trial.
  • The right to question the main witnesses against you and to call witnesses of your own The right to an interpreter if you need one.

rockin all over the world

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