Spam-v- Lloyds Tsb Mastercard 'Summary Judgement'

[AndyOrch]

Kangaroo Court Spam, lets see the details of the judgment and then offer them a £1 a month.

 

keep your chin up

 

Regards

 

Andy

[hammyhound]

So sorry Spam was really hoping you would win. As you know I also lost as my DJ just agreed with everything the barrister said.

 

They produced an original 1989 application form (blank of course) and said "this is what it should look like".

 

Next up will be a charging order application like me which I also lost as they applied for it the day of the SJ.

 

Did they have a barrister by any chance who came up from London.

 

HH

[NewToTheFight]

I understand your comments Andy, but can Spam make a complaint? Surely a judge just can't make it up as he goes along

[AndyOrch]

I understand your comments Andy, but can Spam make a complaint? Surely a judge just can't make it up as he goes along

 

Unless you have the money to mount an appeal there is very little you can do, wrong I know and these people shouldnt be in these jobs at the tax payers expense.

As I stated to Spam pre trial you have to argue your point venomously and stand your ground and dont accept if you dont agree, everyone should be allowed to voice there opinion but the way this country runs at the moment money talks, unfortunately.As stated just make their judgment as difficult as possible they cany shoot you nor are there any debtors prisons (at the moment).

 

If they get a restriction so what its worthless compared to a CO.

 

Regards

 

Andy

[Spamalot]

Thanks to everybody who's offered their support in this fiasco.. I sincerely appreciate it..

 

The truth is, as I said earlier, the Judge had already decided on giving me a judgement before I'd said a word. He hadn't even looked at my witness statement, he just harped on and on about me having the money, and did I think it was a gift and all sorts of other insulting insinuations and didn't even bother looking at me when I came out with point after point after point in the arguments.

 

I did argue, and I believe I argued well and a couple of times the Barrister was even rattled by my knowledge and my replies, and even had to concede one or two points, but the judge still found in the claimants favour on them because unfortunately the judge preferred the Barristers interpretation of events and law to mine.

The other disconcerting thing was that I constantly had to 'butt in', so to speak, to put my argument across. The way the judge conducted the proceedings was as if I was just there to listen to them criticise me for being a debt avoider..

Every point I made he just looked at the Barrister and waited for him to say the opposite and then agree with him... I didn't stand a chance.... I was hung drawn and quartered for being human and having the audacity to question the legality of the alleged agreement and the way Lloyds conducted themselves as a result of my s78 request.

 

The judge did say, when he refused my appeal that I could appeal to the circuit judge. .but what with?... Buttons?

 

 

 

I do wonder though, if they sent a Barrister this time because last year I stung **** for costs when they lost to me over my Halifax CC, and when they saw my amended witness statement they saw I had a lot going for me again. They played dirty by sending their Skelly less than 24 hrs before the hearing when they'd had almost a fortnight to reply.

 

The Judge asked the Barrister how long he wanted to give me to come up with the £8 grand or whatever it is now with their extortionate rates on top and he said 28 days... I said fat chance and offered

him a pound a month there and then so they've already decided on going for a CO when I don't come up with the funds.

 

 

Hey Ho, here we go..

 

Thanks again to everyone for your input and interest... Just Remember... Lloyds TSB are above the law .....aren't you glad us little people bailed them out?

 

I'm not bitter...Honest!

 

Spam

[caro]

If you'd pay for an appeal with buttons then you could just use them to pay the CCJ instead. They can't have what you don't have.

 

If you want info on CO's this is a good link. http://www.consumeractiongroup.co.uk/forum/showthread.php?203298

 

I'm not sure if an instalment order might be appropriate to avoid a CO. Cym's the expert on those!! http://www.consumeractiongroup.co.uk/forum/showthread.php?299564-Yet-Another-Charging-Order-Thread!-***WON***-ICO-removed***

[cymruambyth]

Hi spam, put in your application to vary the judgement asap. If it is granted before they apply for the ICO it will form your defence under Mercantile Credit v Ellis. My application was made just before they applied for the ICo and was granted a couple of days before their application was heard. My lovely and very knowledgeable DJ said that it was court policy not to award the ICO if there was an instalment order that had not been breached.

[Spamalot]

Thanks Cym and Caro..

 

I'll do that... as soon as I get the paperwork and I can get my brain back into gear I'll fight the good fight...

 

Just a bit weary of it all at the mo..

 

Spam

[cymruambyth]

Weary is probably quite a mild word for how you are feeling. I think with this that you can apply before you receive the paperwork (some courts are slow). I was lucky but someone else has posted that [problem] can be prompt in applying.

[NewToTheFight]

Keep fighting Spam, get the application in PDQ.

Don't know if you can complain about the barrister, he is an officer of the court, he is meant to act in the interests of justice too - and it might cost him a few extra quid to renew his professional insurance

[Spamalot]

... mini soapbox moment...

 

Attempting to get my act together re application to pay CCJ by instalments..

 

My income is marginally over the limit to be exempt from the application fee, so that is going to cost me £40 of something I don't have..

 

In the last month I've had to take a drastic drop in income due to health issues and my outgoings only just meet my income as long as I eat jam sandwiches, don't wash, change my clothes or have a haircut for the next decade or think of leaving the house for anything other than going for a walk..

 

Why oh why is this judicial system (and Lloyds) so insistent on creating more and more debt for people?

 

If I don't pay the CCJ, they'll slap on more charges and application fees for a CO, if I apply to vary it'll cost me £40 and I highly doubt they'll accept £1 a month so they'll probs apply for a CO anyway...

 

I banked with these b*stards for many many years and they have had more than what I owe from them interest on old loans and from what was then a decent income etc.. but the minute I fall on hard times and ask for a bit of leniency they go in for the kill..

 

 

 

Really dunno what to do now..

 

Soap box moment over..

 

Spam

[hammyhound]

Spam, get that application in. I applied for instalments but because their application for a restriction was heard first I did not stand a chance. They will apply for a CO/restriction and guess what they charged £245.00 to be added to the judgment for the privilege.

 

It seems there is a huge backlog in all the courts for hearings for instalments but not for application for COs!!!

 

I really cant help you with regard to your expenditure but as you said whatever you put Lloyds will want more. Would it be a CO they are asking for or a restriction because as Andy says a restriction is worthless.

 

If it is a restriction offer £1 they can only refuse!

 

HH

[Spamalot]

Hi Hammy and thanks..

 

They haven't actually applied for anything yet... It was just that at the last knockings of the hearing when they said I had 28 days to come up with the lot, and I said that was impossible and I could only offer a pound a month, the judge said to the Barrister, 'I suspect you'll be going for a charging order then'... right after that is when he admitted he knew nothing about consumer law...

 

I just don't want to pay £40 to have an application turned down and then pay more on top for the privilege of a charging order...

 

They've really got me between a rock and a hard place...and if I'm honest I resent EVERY penny that goes towards them, especially as we're all bailing them with our taxes as well...

 

Sheesh I could go on but I'm trying to keep it together... lol

 

Spam

[cymruambyth]

I think I am right that the court on reviewing your I&E can make an order to pay as little as £1 per month, even if the horrible ones object. Regardless of how much is being repaid per month the Mercantile Credit ruling affords an argument against a CO. HOWEVER the lottery does come into play.

I will be repaying my favourite DCA for 20 years and still had the CO application rejected.

[brokebutnotbeatn]

Hi Spam, so sorry to read this. Don't give up yet - bitter end and all that. It is hugely unfair. Go see your MP to discuss the conduct of the judge. At the end of the day so what if they add more to the debt - as you said before, it's only buttons! xxx