No Rights of Audience

[jacknap]

I was advised to reach an agreement with my mortgage lender to avoid a court hearing. I negotiated a repayment schedule but the still went to court for a repossession order. The application was based upon false claims. I went to court on the day of the hearing. Prior to the hearing in a meeting room I produced evidence to the person acting for the mortgage lender. This evidence confirmed that the claims that her client were making in the application to court was false. As an officer of the court I assumed that the person would point this fact out to the Judge and take further instructions from her client but she did not. It was agreed in court that a suspended possession order be made. There was no order to costs and the arrears that were in dispute would be calculated at the end of the investigation by the Financial Ombudsman.
8 weeks after the court hearing the court order arrived. The order was incorrect and I wrote to the court. The court officer passed it to a Judge who instructed that I should make a formal Application on Notice to vary the order.
I wanted to make a formal complaint about the mortgage lenders legal representative about their faliure to act as an officer of the court.
I contacted the mortgage lenders agents and they refused to give me the name of the legal representative for Data Protection Act reasons. I contacted the court and they gave me the name of the person. I searched the Law Societys website and they are not registered as a Solicitor. I telephoned the court and they had made their own enquiries and according to the listingb Clerk they think that this persdon is a barrister. I searched the Bar Councils website andthis person is not registered with them. I contacted the Bar Councils records department and they confirmed that the person is not registered with them. I asked if she could be regiustered with any other body and they suggested the Legal Executive Group but she is not registered with them.
If this person does not have rights of audience what is she doing in a court of law?
I telephoned the Police to report this and they siad itb was a matter for the Bar Council. I contacted the Bar Council and they agreed that if a Barrister had done something wrong it was a matter for them but as the person is not a registered barrister it is a criminal offence and a matter for the Police. The fact that they have represented somebody in court by impersonating a Barrister is a very serious matter according to them.

I contacted the Police again and they have started an investigation into this matter.

My question is this.
If they obtained a suspended repossession order illegally can I get the order revoked?

[TUTTSI]

Re: No Rights of Audience

I would apply to the courts to have the order amended or set aside as a suspended possession order has serious ramifications. We have been discussing this on Webb Resolutions thread and I will post up the link to that thread.

The legal system leans towards a rubber stamping of a suspended repossession order and your Solicitor is 'playing the game'

I would strongly urge anyone who has grounds, to defend and challenge any possession application as

a) Once a suspended application is granted, any future default rubber stamps a subsequent application for an eviction notice, without a further hearing and often without any notification or contact with the borrower, strengthening the lenders position

b) It leaves a large footprint with lights and bells on your credit history.

c) Provides a platform for mortgage companies to add legal/solicitors/administration charges to the balance of the mortgage, avoiding the scrutiny and approval of a Judge on the small claims track

Possible defences/challenges include disputed arrears amount, charges included in arrears, failure to fully comply with the Pre-action protocol, failure to fully comply with FSA regulation, mortgage company entitlement if not registered in Land Registry.

As previously stated, the hard part is getting the case heard as the first judge who hears the case is not interested in anything except formulating an agreement for a suspended order



Read more at: Webb Resolutions - Legal Beagles Consumer Forum

I was advised to reach an agreement with my mortgage lender to avoid a court hearing. I negotiated a repayment schedule but the still went to court for a repossession order. The application was based upon false claims. I went to court on the day of the hearing. Prior to the hearing in a meeting room I produced evidence to the person acting for the mortgage lender. This evidence confirmed that the claims that her client were making in the application to court was false. As an officer of the court I assumed that the person would point this fact out to the Judge and take further instructions from her client but she did not. It was agreed in court that a suspended possession order be made. There was no order to costs and the arrears that were in dispute would be calculated at the end of the investigation by the Financial Ombudsman.
8 weeks after the court hearing the court order arrived. The order was incorrect and I wrote to the court. The court officer passed it to a Judge who instructed that I should make a formal Application on Notice to vary the order.
I wanted to make a formal complaint about the mortgage lenders legal representative about their faliure to act as an officer of the court.
I contacted the mortgage lenders agents and they refused to give me the name of the legal representative for Data Protection Act reasons. I contacted the court and they gave me the name of the person. I searched the Law Societys website and they are not registered as a Solicitor. I telephoned the court and they had made their own enquiries and according to the listingb Clerk they think that this persdon is a barrister. I searched the Bar Councils website andthis person is not registered with them. I contacted the Bar Councils records department and they confirmed that the person is not registered with them. I asked if she could be regiustered with any other body and they suggested the Legal Executive Group but she is not registered with them.
If this person does not have rights of audience what is she doing in a court of law?
I telephoned the Police to report this and they siad itb was a matter for the Bar Council. I contacted the Bar Council and they agreed that if a Barrister had done something wrong it was a matter for them but as the person is not a registered barrister it is a criminal offence and a matter for the Police. The fact that they have represented somebody in court by impersonating a Barrister is a very serious matter according to them.

I contacted the Police again and they have started an investigation into this matter.

My question is this.
If they obtained a suspended repossession order illegally can I get the order revoked?