Court Hearing - Advice appreciated

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Re: Court Hearing - Advice appreciated

Postby Bladerunner » Tue Apr 26, 2011 9:30 am

I did a bit of research over the weekend on legal websites and I don't think Double Jeopardy will help as it is just for criminal cases.

I beleive the equivalent for litigation cases is "Res Judicata". The description I came up with is:

A matter which has already been conclusively decided by a court and is conclusive as between the parties.
Final judgments prevent any re-examination or re-trial of the same dispute between the same parties


I will try this on the judge and hope that it might help someone else.
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Re: Court Hearing - Advice appreciated

Postby Bladerunner » Fri Apr 29, 2011 9:18 am

Just a quick update.

I have checked the the claim number on both claims and they are exactly the same as the two from 2 years ago so they are not even new claims.

I also had two letters from a cheeky bunch of bastards called "EURO DEBT MONEY SAVE" offering to negotiate the debts with MBNA on my behalf. They quote the exact same numbers as the claim so I am assuming that there is some sort of public record that they can look up and try and jump on the band wagon.

Does anyone know if this info is in the public sector or are they getting access to info that should be private? It seems the release of this info makes me look guilty before being proven inoccent.

If the judge uses the old "Did you have the money?" routine and decides to find against me, do I have still have the option to appeal?

Thanks
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Re: Court Hearing - Advice appreciated

Postby Bladerunner » Sat May 07, 2011 10:59 am

Hi Guys,

I sent a notice off to Optima Legal on the 3rd May and have just received a reply saying they are slightly confused with the contents of my "LETTER" (they don't even acknowledge it as a Notice) and they remind me of the Summary Judgement hearing they had back in December last year (which I was not informed of).

They Advice me to contact my solicitors (who haven't acted for me since 2009) and that they are proceeding with an application for a final Charging Order.

Can anyone please tell me the implications of them ignoring my notice? It was the same as the one linked to earlier in this thread.

Also, I read somewhere, not sure if it was on here or in Veronica's book (which I will be reading again before the hearing) that the person they send to represent them in court must have first hand knowledge of the alledged debt. If they claim they do, can someone point me in the direction of some sort of affidavit I can produce and ask them to sign in front of the judge? What can I use as my defence is they refuse or agree to sign it?

Thanks in advance.
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Re: Court Hearing - Advice appreciated

Postby Bladerunner » Fri May 20, 2011 11:47 am

In Robert Menard's videos he states that all orders are chargable and that he himself presented a judge with a bill after the judge ordered against him.

If I lose this case nd the judge orders against me I intend to issue him with a bill.

Does anyone have a template or an idea of how this should be laid out. A lnk to one would be invaluable at this time.

Thanks a million
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Re: Court Hearing - Advice appreciated

Postby chomerly » Fri Jun 10, 2011 12:15 am

Has the debt recovery company changed in that time by any chance?
Sometimes, when they pass, or sell, the debt over to another collection company, the new one will initiate a new charging order.

The fact that they are using the same case number as the one 2 years previously shouldn't stand up in court as you had won the case for having it removed. The problem may be however is that the debt itself wasn't removed.
You state that the order on your house for the debts were removed but say nothing of the actual debt itself so you may find they are acting on the same debt as before.

I would write a request for all the information with regards to your account and the relating paperwork from both the debt company and the court as you will need them for your case. Also, ask for the notes of the proceedings, if any, from the courts as there may well have been false evidence and/or information given to them from the debt company which has led to another court appearance. Which is also an obvious waste of court time and resources. And ask the court for an extension as you are representing yourself and need time to gather all the relevant information in order to defend yourself.

I would follow the process from this link here. viewtopic.php?f=29&t=1768

Give it a good read and modify it to your own circumstances.
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Re: Court Hearing - Advice appreciated

Postby Bladerunner » Tue Sep 13, 2011 4:34 pm

I had my hearing and thought I would let you know what happened.

Apparently I was supposed to submit a defence after the last hearing but the judge ordered for the charging order to be set asided in the meantime. MBNA thought they had won when I failed to submit my defence so when I removed the charging order, this sent a red flag out and that is why they are reapplying for the charging order to be reinstated.

Guess I ****ed there by not waiting until I sold my house before removing it and therefore not giving them time to get it back in before it was sold.

For weeks before the hearing I was suffering from sleepless night and mega stress which was making me ill. However, for some reason, in the week leading up to the hearing I was surprisingly calm, I think I had convinced myself I had lost so stuff it.

Any way, this is what happened.

When the barrister acting for MBNA arrived she asked for a private meeting. She told me I had already lost as I never put my argument in, back in 2009 and that they were only there to rubber stamp the Charging Order.

I told her I had a defence but she said the judge would not hear it as I had missed my chance. She also said I should have shown her the defence prior to the hearing so they could act on it. I had done an extra copy for the Claimant so I gave her a copy of the defence prior to entering the hearing. (Not sure I should have done that).

She had another barrister with her who was new and was learning, I said I had no objection to him being present.

When I mentioned that I was not made aware of the hearing on 28th December 2010, she said that they don't inform defendants of this because they can try and sell their house or put it in another name. I thought this might have been abuse of process but I could be wrong.

When we left the interview room they both promptly got on the internet on their phones to see if there was a time limit on me trying to put in a defence. I don't think they were successful but it was quite funny to watch. The young one even e-mailed a friend of his who he said was a walking CPR encyclopedia.

I don't think she liked the length of my defence and the trainee barrister commented that it was very thorough, she didn't like that. I asked her about being approached by solicitors or the public and she said that the law had changed and that she could be approached by the public.

When we were called into chambers she immediately tried to argue that they had already got the judgement and that I was too late. I told the judge (Judge Cahill) that I was not informed of the hearing on the 29th December and that the Claimants Barrister had just told me they didn't have to. She was extremely unhappy at this and denied it. I'm not 100% sure but I think a barrister lying to a judge is a bit of a no-no.

I pointed out that the letter from the court clearly said that the Defendant was not present (at the 29th December Hearing) and I said this made me look bad despite not being informed of the hearing.

I also told him that I had only just been made aware of the form N244, which allows a defendant to ask for the judgement to be set aside on the grounds that I was not informed of the hearing. I only found out about this the day before the hearing and was unable to submit it at the hearing because I am currently on JSA and I need a letter from the Dept of Work & Pensions to waive the fees. He accepted this and said I had to submit the form in a reasonable period of time and they would set another hearing where I could enter my defence.

MBNA's barrister asked for her costs and the judge said no as he wanted to see what happened at the next hearing. I think he mentioned something about setting them aside for the time being. She wans't happy about this either.

Whilst we were in the court, the judge said he did not need to see my defence at this time so I reached across the table and picked up the copy I had given to MBNA's barrister and said "You won't be needing this then". If looks could kill I would not be wiriting this e-mail now. She was not a happy bunny. She did get to read it but I doubt she could of remembered all of it as she only got about 4 pages into it and it is 10 pages long.

That was a couple of months back and I have only just got round to posting it on here.

My new hearing is in 2 weeks and I rang the court to see if the same judge would be presiding. They said he had retired which is a pisser because he was a real gent and was very courteous and helpful as he knew I was out of my depth. :puzz:

I will probably get a real git of a judge at the new hearing and I am not holding my breath but I have a half decent defence which a friend helped me put together. There are over 40 points in it and it quotes a lot of case law which I am hoping might impress the judge.

I will post an update after I have had the new hearing. Don't be expecting good news though.
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Re: Court Hearing - Advice appreciated

Postby enegiss » Tue Sep 13, 2011 4:51 pm

it certainly impresses me Bladerunner, good work well done, and i hope you get to see the fruits of your diligence. peace and light
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Re: Court Hearing - Advice appreciated

Postby Bladerunner » Mon Sep 26, 2011 12:25 pm

A couple of quick questions.

I have read on here somewhere about paypment offered but refused means the debt is paid. Unfortnately I can't seem to find it. Can someone clarify that for me please as I intend to offer a money note if I am unsuccessful. If they refuse it I would like to quote one of their laws back at them, that the debt is paid off.

If that fails, I intend to shove an invoice in front of the judge for the total plus £1,000. Should the invoice be addressed to the judge or the court. Also, does anyone have a template of how the invoice/bill should be laid out.

Any help on either of these matters would be a massive help as I am in court in 2 days.

Thanks in advance
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Re: Court Hearing - Advice appreciated

Postby Bladerunner » Mon Sep 26, 2011 12:57 pm

I have managed to find the payment offered info within the Bills Of Exchange Act so I think I am OK with that.

I just need to know who I make the invoice out to? Is it the judge or the court? Or both? i.e. Judge Smith acting on behalf of Tosspot county court?

Thanks in advance
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Re: Court Hearing - Advice appreciated

Postby Bladerunner » Tue Sep 27, 2011 4:05 pm

Something interesting happened today.

I am in court tomorrow and in todays post I received Optima Legal's response to my defence. It is nearly 2 inches thick and there is no way on God's earth I am going to get through the reems of paper before tomorrow.

I rang the court to ask them is there a procedure regarding how long before the hearing they are allowed to send this to me. Less than 24 hours seems a bit rich to me.

They said that the claimant should send through their reply so that the judge can read through it the day beofre the hearing and look up anything that needs checking.

However, the court has not recieved anything from Optima Legal so the judge has not had chance to look at it either. I am hoping that at least the judge delays the hearing to give us both chance to go over their response. Best case would be that she says Optima are taking the piss and they can go shaft themselves. Not holding my breath on that one.

I guess it looks like I might have another 28 days of sleepless nights to look forward to before the next hearing.

I shall keep you posted.
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