lowell joined 3 debts [2 mobile, 1 credit card]made me BK, now want my house!!

[Guest]

Hi all,

 

 

Letter came today from High Courts in London, from the Judges personal clerk first apologising for the mistake last year of my not receiving the decision to throw out case, he had not seen my letter for reasons of postponement requested, and also the accompanying letter from my Doctor regards health issues.

 

 

It also states the reasons for 2 + months delay being due to all my paper work being lost, However it has all now been found and the Judge is looking at this now. I think i should hear within this week.

 

 

I am very anxious as you can imagine so all good luck messages will be greatly received from all followers of my case here at GAG.

 

 

Wendyboats AKA Watson awaits you all here on these moors...To hold my hand xx

 

 

good luck wendy

[wendyboats]

Thank you all above for your posts and comments. I am of the opinion I will get another appeal hearing as it was granted before, My only concern then is getting a good barrister with fight in his belly to take this case on.....................

 

 

But I am sadly not holding my breath as to my mind they surly would have surfaced before now, I will be with all I have learnt here at CAG present my case as best I know how and that's factual, honest, and true and continue to trust the law of this land and that in the end it will come through....

 

 

Wendyboats aka Watson thanks you all for being here with me xxx

[The GodMother]

U never no it mighthappen

[wendyboats]

Hi all,

 

Still no word from high courts in London. Its been 15 Days since informed Judge was now considering my case.

But I have recently had a letter from Legal Ombudsman who have now taken on my case regarding first Solicitor who did not act for me in my best interests, and failed to have Bankruptcy set a side and overturned back in 2012.

 

Also I had a letter from AI Scheme Limited informing me that I may be intituled to compensation for my card security product on the Capone card used to make me Bankrupt. It was if you recall the one off payment of £20.00 on opening account.

 

This was taken out in first month with out my knowledge, and added to reasons of me being unaware I was not well under my £500 agreed card limit. This added to the PPI payment and my DD being £3.00 under what was needed to put me back under £500 CCA.

 

The Judge in appeal court has been informed of the above as it may have some relevance to my case.

 

Regards Wendyboats AKA Watson still here on the Moors xx

[caro]

Any news wendyboats?

[unclebulgaria67]

Any news wendyboats?

 

I did PM Wendy a fews back, but she has not responded. Hope it is not bad news and that she is in the process with her appeal and does not want to comment in public or private while it is in a crucial stage.

 

Nb. Caro, your PM folder is full up.

[Guest]

if poss, keep thread informed wendy

[caro]

I did PM Wendy a fews back, but she has not responded. Hope it is not bad news and that she is in the process with her appeal and does not want to comment in public or private while it is in a crucial stage.

 

Nb. Caro, your PM folder is full up.

 

 

 

Sorry UB. There's space now.

[wendyboats]

Sorry for delay Guys...Not getting any notifications from CAG via e mails ?

 

Still no word from courts or Trustee or Lowlife ?? Its very strange indeed do you not think guys ?

 

 

But time is ticking by, I think I have another 9 weeks to go and the 3 years and one day rule will pass, Trustee can no longer realise her assets and the equity she seeks ( £54.000 to date )) returns once again to me.

 

 

But those of you here at CAG that know me will already know...... I will fight to prove what lowlife and CO have done to me and make sure they never do it to any one again !!

 

I will update my thread weekly or until I hear from high court Judge from this day forwards.............

 

 

Thank you all for being here for me, Its nearly 3 years since my nightmare began and I have only kept going thanks to you all here at CAG.

 

 

Wendyboats aka Watson still here on those moors thanks to all of you holding my hand xxx

[caro]

Thanks for letting us know Wendy.

[unclebulgaria67]

Sorry for delay Guys...Not getting any notifications from CAG via e mails ?

 

Still no word from courts or Trustee or Lowlife ?? Its very strange indeed do you not think guys ?

 

 

But time is ticking by, I think I have another 9 weeks to go and the 3 years and one day rule will pass, Trustee can no longer realise her assets and the equity she seeks ( £54.000 to date )) returns once again to me.

 

 

But those of you here at CAG that know me will already know...... I will fight to prove what lowlife and CO have done to me and make sure they never do it to any one again !!

 

I will update my thread weekly or until I hear from high court Judge from this day forwards.............

 

 

Thank you all for being here for me, Its nearly 3 years since my nightmare began and I have only kept going thanks to you all here at CAG.

 

 

Wendyboats aka Watson still here on those moors thanks to all of you holding my hand xxx

 

Good luck Wendy. Hope the appeal Judge has found something they are not happy with. I just find it difficult to believe that the trustee in bankruptcy can justify some of their actions and costs. Where is the Official court appointed receiver in all of this ? Surely the trustee should have been engaging with the receiver to ensure that all was above board ? From what you commented on before, the last time you were at your local court the Judge did not appear to be happy with what was going on. You would hope that they have mentioned their concerns to the receiver.

[SabreSheep]

Im hoping no news is good news. =]

[wendyboats]

Good luck Wendy. Hope the appeal Judge has found something they are not happy with. I just find it difficult to believe that the trustee in bankruptcy can justify some of their actions and costs. Where is the Official court appointed receiver in all of this ? Surely the trustee should have been engaging with the receiver to ensure that all was above board ? From what you commented on before, the last time you were at your local court the Judge did not appear to be happy with what was going on. You would hope that they have mentioned their concerns to the receiver.

 

 

 

Yes uncle, the last judge was not happy with what he had read about this case, and voiced his opinions on the way lowlife and CO had behaved.

 

He even pointed out that they had no right to apply for sale when they knew I was going for the appeal, Judge also commented to their legal rep that they knew this rule yet still applied to the court regardless !

And he said something like..... They (Trustee etc.) could be looking at this request ever happening or words to this affect . Also he insisted when appeal hearing is concluded he wanted to be notified by all party's of the out come.

 

 

I contacted original court receiver I saw here, and he said he could not comment on my case, he said once the trustee is appointed he has no other involvement except for valuing my assets etc.. ?

 

 

Kind regards Wendy

 

 

Also he

[wendyboats]

Hi Guys,

Letter from Judge High court, he has granted me a oral appeal hearing 14th May no time yet, I want to upload letter as unsure what it all means so will be back in 30 mins and put it up so you can advise me on this . Wendyboats x

[The GodMother]

Wahoo. Sorry cant advise re uploading

[citizenB]

GM, I think Wendy means she will upload the letter so we can advise her on the content ..

[wendyboats]

Hope you can view. Also I have never received the judges notes on the case this judge refers to?

[wendyboats]

Hope you can view. Also I have never received the judges notes on the case this judge refers to?

 

Think I messed up sorry guys , got a lot on and rushed it I will try again

[unclebulgaria67]

This is essentially a chance for a Barrister to make the case for High Court jurisdiction, based on the CPR rules and any previous precedents. They are not wanting to hear more about your illness, but a case made about the content of your email and whether Judge Norris would have done anything differently had he seen the email. Would it have made any difference ?

 

I don't know what the court rules are regarding Judges receiving communications about illness of appellants. I suspect that you would have had to apply for a postponement of the hearing by Judge Norris and if you did not do this, they were entitled to proceed using the information supplied to the court.

[wendyboats]

This is essentially a chance for a Barrister to make the case for High Court jurisdiction, based on the CPR rules and any previous precedents. They are not wanting to hear more about your illness, but a case made about the content of your email and whether Judge Norris would have done anything differently had he seen the email. Would it have made any difference ?

 

I don't know what the court rules are regarding Judges receiving communications about illness of appellants. I suspect that you would have had to apply for a postponement of the hearing by Judge Norris and if you did not do this, they were entitled to proceed using the information supplied to the court.

 

 

Thank you uncle,

 

 

I sent a recorded delivery letter first class post next day guaranteed, containing full explanations of why I could not attend ( which I can not disclose here) A hand written doctors note. And sent 3, E- mails to high court office, and at least 3/4 Tel /calls to 3/4 different departments at high courts 3/4 days prior to court date and day before date, and on the day ?? Yet he got this all ?

 

 

I have never received his ruling on that matter and ii only found out it was not postponed if you recall just before trustee put in for sale of my house and I reapplied on the advise of a clerk at high courts.

 

 

You will recall this is when all my papers went missing and this judge in question instructed his personal clerk to find them all and has had them on his desk since November 2014.

 

 

Also can anyone enlighten me regards the 3 years and 1 day rule referring to Trustee realising her assets please.

 

 

Regards Wendyboats xx aka Watson; Its time now, and I am coming down the mountain from that moors ! "Need you guy here at CAG" XXXX Thank you all !

[unclebulgaria67]

Thank you uncle,

 

 

I sent a recorded delivery letter first class post next day guaranteed, containing full explanations of why I could not attend ( which I can not disclose here) A hand written doctors note. And sent 3, E- mails to high court office, and at least 3/4 Tel /calls to 3/4 different departments at high courts 3/4 days prior to court date and day before date, and on the day ?? Yet he got this all ?

 

 

I have never received his ruling on that matter and ii only found out it was not postponed if you recall just before trustee put in for sale of my house and I reapplied on the advise of a clerk at high courts.

 

 

You will recall this is when all my papers went missing and this judge in question instructed his personal clerk to find them all and has had them on his desk since November 2014.

 

 

Also can anyone enlighten me regards the 3 years and 1 day rule referring to Trustee realising her assets please.

 

 

Regards Wendyboats xx aka Watson; Its time now, and I am coming down the mountain from that moors ! "Need you guy here at CAG" XXXX Thank you all !

 

I suppose it is a question as to whether Judge Norris could have postponed the appeal, if he had your communications. If he did not have the communications, he would not have been able to make any assessment of the situation and would just have proceeded as normal.

[Guest]

wendy

the hearing then is to decide whether to grant you permission to appeal out of time?

 

do you mean section 283a insolvency act re the 3 years?

eg

http://www.parliament.uk/briefing-papers/SN05178.pdf

 

there are a few cases/articles on it, a googly re s283a etc shld find them

[wendyboats]

wendy

the hearing is to decide whether to grant you permission to appeal out of time.

 

do you mean section 283a insolvency act re the 3 years?

eg

http://www.parliament.uk/briefing-papers/SN05178.pdf

 

there are a few cases/articles on it, a googly re s283a shld find them

 

 

Thank you Ford, have read above pdf info and see that while I am appealing still Trustee can not apply for sale or charging order.

 

 

And so if I get granted the appeal out of time May 14th and then a date is set to hear this, Trustee has roughly a 3 week window if I fail to get back into court and be granted sale or charging order.

 

 

This case could not get any closer to the wind could it !

 

 

Do you think I should represent myself or try to find a honest Barrister who will not rip me off or represent the case wrong as per first and second barristers did ?

 

 

Regards Wendyx

[unclebulgaria67]

Wendy, a Barrister would be best, but they are going to charge several thousand and it is going to be difficult to find one so close to the hearing.

 

Do you know what Judge Norris had in his bundle of documents when he went ahead in your absence ? How did he come to his judgement ?

 

If you can find that some admin error has occured at your local court and that given your ongoing issues, you have not been able to have a fair hearing, then you may have a slight chance. But the courts operate within a tight set off rules, which don't make it very easy and I suspect that the appeal Judge Norris decided on was done to keep it within the timescales. He may have decided that he could not delay it any further and based his decision on what was in the bundle of documents he was provided with.

 

It may be worth writing out the problems you have had with the courts losing paperwork throughout the process. Put it in date order to evidence the battle you have had to get to this point.

[Guest]

wendy

Legal help in ct wld be preferable, barrister or solicitor advocate, but there is the issue of cost as mentioned.

Do you think that you wld be confident on yr own re the legal points re arguing that the court should have jurisdiction in hearing yr appeal out of time?