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melmumof3

By melmumof3
in M&S Cards

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DonkeyB

DonkeyB

Posted
Posted

Need to get in touch with the court tomorrow and get you and VJ to advise what has been done since the appeal went in. I'm not up to speed!

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Posted
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Morning Mel

 

I am guessing tomorrows hearing is for them to get permission to appeal.

when I appealed last year they were not invited to attend the first hearing.

 

They will need a valid argument for the appeal to go to the next stage, if they do get permission we have enough info to send them packing.

 

As donkey said the best thing is to phone the court this morning and they will advise.

 

Best regards

 

Brokenarrow

 

PS no probs you posting on my thread :)

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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DonkeyB

DonkeyB

Posted
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Mel, can I confirm that in response to the appeal and with vjohn82's help, you have filed a witness statement against the appeal?

 

Any chance either of you could send me a copy?

 

If so, it's about turning up and being prepared. Maybe we can get some notes together for you to help you ask questions/ give replies, like last time.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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DonkeyB

DonkeyB

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BA, tomorrow is the appeal - check the stuff I sent you. They're also asking for an appeal AND a summary judgment in their favour. Their case is full of holes and raises more questions and defence issues than I think they realise.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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BA, tomorrow is the appeal - check the stuff I sent you. They're also asking for an appeal AND a summary judgment in their favour. Their case is full of holes and raises more questions and defence issues than I think they realise.

 

I am not sure it is the actual appeal hearing, what should happen tomorrow is they have to prove they have good grounds for the appeal to continue and the judge should then give further directions if the appeal is granted.

 

donkey did you get the document from Paul?

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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DonkeyB

DonkeyB

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Yes thanks. Very useful!

 

Mel, I have now seen the WS.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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They are asking for the original order to be varied and judgement in their favour, but I cannot see a Judge doing that without them proving first.Did Mel receive an order after she received a copy of the appeal, with any directions.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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DonkeyB

DonkeyB

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Don't think so - will send you the WS and associated bits.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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DonkeyB

DonkeyB

Posted
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Great. I'm drafting some notes in case you have a chance to speak, Mel, or are asked any questions. Will circulate them to all for comment.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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pt2537

pt2537

Posted
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hmmm,

 

their appeal is pretty weak , that said though they will need to be contested or they will romp home if they are unchallenged for sure.

 

the judge was right in the first hearing, paragraph 173(1) of the Carey judgment confirms this point clearly

 

providing it is your position that the terms were never presented at the point of signing but could have been presented sometime after signing the agreement

 

so they fail even if they over come the assignment argument

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DonkeyB

DonkeyB

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Faxed to court, Mel will email back-up to court and TR.

 

Included the bit about Carey, and a rebuttal of the DN issue being de minimis, as TR admitted there was no DN from M&S.

 

As PT says, if they overcome the assignment issues - which will be difficult given their legal rep clearly thought it was Cayman, and Cayman was the only company ever identified in proceedings - then the Carey bit in particular should make Rankine look silly.

 

Mel - please print out three copies of your amended WS with the affidavit, and take them with you, as the clerks may not sort things in time and TR will probably deny receiving anything. That said, the changes are small and don't prejudice the claimant in any way. You may have to play the litigant in person card, as it's true in this instance - a late feck-up due to LiP issues.

 

Read through my other notes sent so you can try and get your head round the issues re assignment - I'm certainly no lawyer, but there are enough issues raised there to confuse anyone, let alone a DJ, and as Lord Denning said you need certainty...

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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vjohn82

vjohn82

Posted
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ok all done... is it going to be as hard going as my hearing in dec? least its early in morning i guess...

 

I couldn't say... appeals can go either way really. If you have the same Judge as before then I would say you are home dry because this assignment issue cannot be ignored. It's the most difficult barrier for them to overcome IMHO.

 

Them bringing my case into it makes them look even more daft because they were claiming the opposite course of assignment to yours - cna't have it both ways morons!

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i wont have same judge, its at a different court this time...

 

Just stick to the facts they have got to prove the original judgment was wrong.You beat them once you can again.

 

I doubt a judgement will go in their favour, at worst the appeal will be allowed to continue and directions for the next stage will be given.

 

so good luck we are all supporting you.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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vjohn82

vjohn82

Posted
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No need to panic about it IMO... the assignment issue is proof enough that they are being completely dishonest... how can they possibly say HFO Capital Ireland are the only assignee of the debt when in mine they are saying HFO Capital Cayman is the only one... yet claim HFO Cayman sold all of their assets in Jan 2008 to HFO Ireland.

 

It simply looks ridiculous whichever way you read it.

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