Court Appearance for CCJ and Issuing a Charging Order

Court Appearance for CCJ and Issuing a Charging Order

Postby Geordieboy » Mon Mar 01, 2010 8:22 am

Dear all

I am in another club that helps deal with debt, and I have written the prerequisite letters to the lender stipulating I will gladly pay what I lawfully owe upon receipt of 3 documents etc., etc., (Please bear with me, I am new to this and learning....fast)! To cut a long story short I have to go to court today (though it is likely to be adjourned as the 3rd set of solicitors representing the bank in question dropped out at the last minute....(afraid of the letters they received)!!! :grin: However, the new solicitors are very aggressive, and as I am very very new to this, I guess I want some guidance as to how to conduct myself in court. I have just bought The Freedom Book, and will read that cover to cover. I am also 6 days away from sending my final letter to the Bank to create my tacit agreement. How do I deal with the new solicitors, (I cannot access the Standard Template letters....is there a broken link)?........Can I create a Tacit agreement with the bank as long as they have solicitors working for them, and how do I get the judge on my side (or should I do that)?

Thanks to one and all here.....Freedom is not so far away. Thank you alfor opening my eyes.

Regards
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Re: Court Appearance for CCJ and Issuing a Charging Order

Postby MikeThomas » Mon Mar 01, 2010 4:40 pm

Three sets of solicitors eh???? You must be doing something right mate :yes:

As this is the 3rd set of solicitors then you should now have an estoppel in place with the alleged creditor. I don't think you have to go back to the beginning just because they've brought on a 'sub'. All previously issued paperwork should still be on the creditors file and is therefore still valid.

If it turns out that you have estoppel then you need to approach the court with this info by making an 'application' to the judge. You've given the creditor 'notice of conditional acceptance', and time to respond, so you have avoided 'controversy' and that's the point you need to push home to them. You have lawfully asked them to justify this debt and they have failed to do so in ample time, so what they're doing now should be considered 'harassment'.
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Re: Court Appearance for CCJ and Issuing a Charging Order

Postby Geordieboy » Wed Mar 03, 2010 9:37 am

Holy H3ll!

Whats an Estoppel :puzz: There are so many posts and threads.....I will look, but if you can point me in the right direction.....then I will gladly issue one. Is there a process to issue one correctly.....should I issue one against the bank or the DCA's? Is there one written out legally here I can find?

Sorry for all the machine gun questions....but my appearance in court has been adjourned for a minimum of 14days or until they can find another slot to 'Charge me' .

Many many Thanks for your help here. All is greatly appreciated. :sun:

Kindest Regards
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Re: Court Appearance for CCJ and Issuing a Charging Order

Postby Geordieboy » Wed Mar 03, 2010 2:18 pm

Hi everyone

Well I have seen the templates on the site and now know where to write up an Estoppel! On another Note, the bank have now stipulated that they have new solicitors. The New solicitors have written to me stating that the Court Rules that they must serve Documentation on me. They will therefore continue to do so under Court Rules. What can I do about that? Can I continue to write my Estoppel to the previous Sols?.....or will I write it addressed to these new b4stards? Am I in the Court System?..... or is there some corrective action I can take before it goes to Court? Can I use the Court Procedure as written by Veronica to stop any charging order being applied to my home? (Ordered the freedom book but not arrived yet)

Lots of loaded questions, however, I need to Understand my position and I have read until I cannot sleep right now with worry. :puke:

Any help as ever is greatly appreciated.
Many Many Thanks
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Re: Court Appearance for CCJ and Issuing a Charging Order

Postby Geordieboy » Wed May 05, 2010 7:39 am

Hi everyone

just an update on the above court case. I went to court and as I had done my homework on the Faulty Default Notices from The Consumer Action Group Site, I knew that it was not a De-Minimus issue. In Court the judge tried to get me to accept the charging order against my home, but I rebutted it as I said I had only truth to show. The judge stated that as I was starting from the beginning again I would likely pay more costs than the loan was worth (£25,000)??????.....and that the bank had 'loaned' me the money and I had to pay it back no matter what! I told him I was fully aware of how the Fractional Reserve banking system works as it was explained clearly for all to see in 'The Bank of England' Quarterly review I had in my posession. The judge looked at me and changed tack immediately!! :giggle: I was ordered out of court with the baks sols to come to some sort of agreement. I showed them the dodgy paperwork and they immediately rescinded the CCJ and stoppe dthe charging order against my property!!! :clap: I now have to go to court with a fully prepared defence. According to the CCA I am only liable to pay the arrears of the claim now, but that will be decided in court. I now need to understand the freeman system so I can become debt free ASAP! I have a total of £100,000 unsecured debt so far and if I never get another credit card....then so be it!

Just an update an one I thought you would like to hear.

Regards and freedom to one and all!
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Re: Court Appearance for CCJ and Issuing a Charging Order

Postby Prajna » Wed May 05, 2010 10:21 am

Wow! Stunning result from the BoE QR. Thanks for the update and best of luck with the remainder. Isn't it amazing the power of truth and awareness?
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Re: Court Appearance for CCJ and Issuing a Charging Order

Postby Free » Fri May 07, 2010 12:16 am

Good Call Geordieboy. I was in court my self today. Perhaps you might like to compare notes. I'll briefly give you the outline, so's not to hijack your informative thread, which I'm watching.

The case regards a half million mortgage which after 9 months of two-ing and fro-ing landed before the judge today. The claimant asked for the entire amount of the loan, the property, costs, and a block on any defence we wished to file. We tried a new tactic, of conditional acceptance pending answers to our questions on the validity of the claim. We paid no attention to the particulars, and focussed on the claim. The claimant had thrown in a last minute trick by assigning a barrister. However when i tried to question her the judge immediately dived in to answer her questions for her. She remained silent for all of the questions put to her and the judge repeatedly interupted with the 'answer'.

However, nearly an hour later after what was scheduled to be a 15 minute open and shut hearing we were successful in removing the threat of possession, the claim for the half million and a request from the judge to go and talk directly to the lender and reach a resolve out of court. So perhaps the judge was doing us all a huge favour in his actions.

My opinion, and it is only my opinion, is that if we had 'defended' or 'counterclaimed' it could have put us in dishonour thus losing by default. By accepting the claim conditionally and asking questions on the validity, we placed the burden of truth back onto the barrister to prove the claim. My guess is that as the judge could see we were clearly seeking the remedy, he could not make judgement and got us all out quickly. He was clearly misleading us by claiming that an unsworn unverified empty claim with no substance whatsoever to back it was acceptable in his court..which, could explain why he didnt rubber stamp the docs and have the borrower thrown out of the property.

Hope thats of some help to you

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Re: Court Appearance for CCJ and Issuing a Charging Order

Postby Dipsy » Fri May 07, 2010 2:21 am

Be VERY careful once you have successfully served noticed and time served you WON by default and this is done deal if you filed everything correctly as a counter claim. NOW what they will try to do is entice you back into re contracting with them and arguing about the original loan in court. This is a STUPID thing to do because they had their chance and blew it!!! You asked them 10 questions, they failed to answer thus whatever you think becomes truth in law as you stated whether entirely true or not they had a chance to rebut. This is why an estoppal is issued its like corking the wine after its fermented.

BUT if you start arguing about the loan again in court you reopen your default action and now entered back into controversy. This is why they changed lawyers and solicitors etc because they KNOW you are a newby and you will fk up unless you keep your mouth shut. Do you not realize you are now the plaintiff and they are trying hard to reverse the tables on you. In fact i personally don't recommend anyone going to court over a cured admin process unless you are an expert in these matters. All you had to do is file your paper work and go down the pub instead.

"request from the judge to go and talk directly to the lender and reach a resolve out of court. So perhaps the judge was doing us all a huge favour in his actions."

You know why? Cos you served a maritime contract and the judge cannot reside on this matter so he was basically telling you look you won go and sort it out i cant rule on this as the judge has exhausted his administrative process!!

Its just a shame you don't have a 100 mio pound lien on the defendants cos you should be in there asking just ONE question. HOW DO I GET PAID?!!!!!!

I tell you what though im impressed with the judge he is being honest with you so far. In other cases they would have upheld the CCJ and ignored everything you did or said in court and you would have already been railroaded.
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Re: Court Appearance for CCJ and Issuing a Charging Order

Postby Free » Sat May 08, 2010 12:56 am

Another way could be to contact all the creditors asking for a finish up statement, along with a remittance slip. Convert the remittance slip into a cheque and send it back to them. The finish up statement can then be accepted in the normal way and sent off to the tax office for settlement.

Might save all that court stuff.

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