repossession -1 week to go- help please

[herself19]

I have been fighting for 3 years the authenticity of a relatively small second charge that had been placed on my home. In short, the case was just heard, a very sweeping decision made by a judge that is not only my neighbour but in the past we have had planning issues with him (we won planning). he not only ordered against me but ordered a vacant repossession order on my house. I immediately placed house on market and have dropped selling price now substantially below value - so far interest but no sale. I cannot raise money to clear 'all monies' charge that has tripled with interest and legal charges. i have been forced to give up work (2years) as I have chronic illness and awaiting disability assessment. My daughter had much earlier let her home and moved back with her 3 year old son to care for me and cannot remove her tenant until October. i have i week to go and very desperate. i have tried to make a small short term offer to NWB to pay interest and a token payment to capital for them to extend time for me to sell and my daughters tenant to leave but they are not responding.

There are 2 questions one about situation and one re Judge whom i believe should not have tried case.

if anyone can help i would be so very grateful as i am now besides myself

[FlamingParrot]

Re: rePossession -1 week to go- help please

Welcome to LB

I have been fighting for 3 years the authenticity of a relatively small second charge that had been placed on my home.

What sort of second charge is this? You say it has been 'placed' on your home. Does that mean this wasn't a secured loan to start with? Can you tell us a bit more about this charge?

In the meantime, you may want to look at this site for useful info: http://england.shelter.org.uk/get_ad...going_to_court

[des8]

Re: rePossession -1 week to go- help please

Regarding the judge who heard the case, it would seem you have that decision set aside and the case reheard under a different judge.

Extracts from this report ( http://www.independent.co.uk/news/people/tuesday-law-report-disqualification-of-judge-on-ground-of-bias-1128052.html) indicate you have grounds to appeal
"Lord Bingham of Cornhill CJ, handing down the judgment of the court, said that where a judge was shown to have an interest, which was not limited to a pecuniary or proprietary interest, in the outcome of the case which he was to decide or had decided, he was automatically disqualified.
In other cases, a judge might be disqualified and his decision set aside if on an examination of all the circumstances the court concluded that there was a real danger or possibility of bias."

"........ a real danger of bias might well be thought to arise if there were personal friendship or animosity between the judge and any member of the public involved in the case, or if the judge were closely acquainted with any member of the public involved in the case. "

Others here are doubtlessly better equipped to advise on how to make an application to have the original judgement set aside and the case reheard.

[Crazy council]

Re: rePossession -1 week to go- help please

This judge should have excused himself from the case. Firstly. Get hold of shelter. They are great in these surcumstances. Are you still paying the morgagee. ?

If so. Appeal the dissisoon. As for a stay of exicution immedeatly (i think ). Appeal on the grounds that your paying the morgagee and the property is up for sale and that proceeding will cost the esate more that you selling it. . If you are able to put a bit more on about the finacial side of the morgagee. Loan and payments. You will get a bit more focused advise.......

[MIKE770]

Re: rePossession -1 week to go- help please

any judge who knows the person in front should excuse themselves as they cannot be bias or nutrual in the circumstances , sure there is legislation on this somewhere|?

[MIKE770]

Re: rePossession -1 week to go- help please

• The judiciary, the government and the constitution
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It is vitally important in a democracy that individual judges and the judiciary as a whole are impartial and independent of all external pressures and of each other so that those who appear before them and the wider public can have confidence that their cases will be decided fairly and in accordance with the law. When carrying out their judicial function they must be free of any improper influence. Such influence could come from any number of sources. It could arise from improper pressure by the executive or the legislature, by individual litigants, particular pressure groups, the media, self-interest or other judges, in particular more senior judges.

Why is independence important?

It is vital that each judge is able to decide cases solely on the evidence presented in court by the parties and in accordance with the law. Only relevant facts and law should form the basis of a judge’s decision. Only in this way can judges discharge their constitutional responsibility to provide fair and impartial justice; to do justice as Lord Brougham, a 19th Century Lord Chancellor, put it ‘between man and man’ or as Lord Clarke, former Master of the Rolls put it more recently in 2005, ‘between citizen and citizen or between citizen and the state’.
The responsibilities of judges in disputes between the citizen and the state have increased together with the growth in governmental functions over the last century. The responsibility of the judiciary to protect citizens against unlawful acts of government has thus increased, and with it the need for the judiciary to be independent of government.

Independence and the appearance of independence

As well as in fact being independent in this way, it is of vital importance that judges are seen to be both independent and impartial. Justice must not only be done – it must be seen to be done. It was for this reason that the House of Lords in the Pinochet case in 1999 held that a decision it had given had to be set aside and the appeal before it heard again by a panel of different Law Lords. It had come to light after the original decision that one of the Law Lords might have given an appearance that he was not independent and impartial because of a connection with a campaigning organisation which was involved in the case. In those circumstances, and even though there was no suggestion that the Law Lord was not in fact independent or impartial, the decision could not stand. Justice demanded that the appeal be heard again before a panel of Law Lords who had and gave the appearance to reasonable well-informed observers that they were independent and impartial.

The ways in which independence is protected and its limits

Whilst an independent and impartial judiciary is one of the cornerstones of a democracy, the practical ways in which this is given effect are often treated with suspicion. For example, judges are given immunity from prosecution for any acts they carry out in performance of their judicial function. They also benefit from immunity from being sued for defamation for the things they say about parties or witnesses in the course of hearing cases. These principles have led some people to suggest that Judges are somehow ‘above the law’.
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Judicial independence does, however, mean that judges must be free to exercise their judicial powers without interference from litigants, the State, the media or powerful individuals or entities, such as large companies. This is an important principle because judges often decide matters between the citizen and the state and between citizens and powerful entities. For example, it is clearly inappropriate for the judge in charge of a criminal trial against an individual citizen to be influenced by the state. It would be unacceptable for the judge to come under pressure to admit or not admit certain evidence, how to direct the jury, or to pass a particular sentence. Decisions must be made on the basis of the facts of the case and the law alone.
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A practical example of the importance of judicial independence is where a high profile matter, which has generated a great deal of media interest comes before the court. Such matters range from the criminal trial of a person accused of a shocking murder, the divorce of celebrities, and challenges to the legality of government policy, for example the availability of a new and expensive drug to NHS patients. In the 24 hour media age in which we live, it stands to reason that the judge hearing the case will often be under intense scrutiny, with decisions open to intense debate. It is right that this is so. But it is important that decisions in the courts are made in accordance with the law and are not influenced by such external factors. It is also important however to observe one or two points which will have an impact on the outcome of the trial and our understanding of it:

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The purpose of the above examples is not to suggest that judges never get it wrong, or that in criminal cases they have no say in the sentence handed down, but to give an idea of the factors they must consider when making decisions.

[herself19]

Re: rePossession -1 week to go- help please

it was 2005 and i was getting additional top up finance for my business. They had always accepted unsecured this time they discussed a charge on my home and had a company acting for them you sent paperwork out for 30k. that i still have. i didn't eve sign the actual charge. in 2009 my business of 13 years went into liquidation. Shorly after that NWB wrote asking the repay of loan charged on house and quoted the the charge amount being for the sum of 56,500 all monies. this was the first id heard of it. I disputed the signature on the charge and this has been a very lengthly battle that i originally passed to the FO but NWB quickly commenced legal action thus preventing them from proceeding. I had never loaned on the business acct the sum of 56,500 the loan was for the 30K. in addition i had personal banking with NWB and various loans an CC's and had payed back to these between 2009 to date over 29k

In court the judge had already made decision didn't hear me out said the paperwork sent for 30k was irrelevant, stated it was the norm to sign paperwork at differing times and sometimes after the event.

so he ordered them not only the all monies charge but 3.5% interest giving a total of 52k plus 19k legal costs and vacant possession of my home for 23 may14.

Hope this makes sense and thank you

[herself19]

Re: rePossession -1 week to go- help please

the judge said he would not allow an appeal?
I was going to submit a new application for extra time to sell but will add first mortgage is ok and i have offered to pay all interest accrued to lender to save debt increasing.

[des8]

Re: rePossession -1 week to go- help please

If the judge refuses leave to appeal, permission can be obtained from the court of appeal (see page 4) :http://www.insidetime.org/resources/...urtService.pdf

[bluebottle]

Re: rePossession -1 week to go- help please

Regarding the judge who heard the case, it would seem you have that decision set aside and the case reheard under a different judge.

Extracts from this report ( http://www.independent.co.uk/news/people/tuesday-law-report-disqualification-of-judge-on-ground-of-bias-1128052.html) indicate you have grounds to appeal
"Lord Bingham of Cornhill CJ, handing down the judgment of the court, said that where a judge was shown to have an interest, which was not limited to a pecuniary or proprietary interest, in the outcome of the case which he was to decide or had decided, he was automatically disqualified.
In other cases, a judge might be disqualified and his decision set aside if on an examination of all the circumstances the court concluded that there was a real danger or possibility of bias."

"........ a real danger of bias might well be thought to arise if there were personal friendship or animosity between the judge and any member of the public involved in the case, or if the judge were closely acquainted with any member of the public involved in the case. "

Others here are doubtlessly better equipped to advise on how to make an application to have the original judgement set aside and the case reheard.

Des8.. you are a star! I have an almost identical case, though not on LB, where a Circuit Judge did the same, but is currently the subject of complaints to JACO regarding their conduct, both of which are outstanding. What you have posted confirms my suspicions. Many thanks.

:hail::hail:

[herself19]

Re: rePossession -1 week to go- help please

I'm now on day 23 (only just been pointed to this site:-( ) so it appears I'm out of time is that right?
Thanks in advance for help .

[des8]

Re: rePossession -1 week to go- help please

I don't know the best way for you to proceed in this matter.

I tentatively suggest you try to have the judgement "set aside" by using form N244.
Where it asks what you want the court to do and why you could state you want the judgement set aside to allow a fresh hearing.
The reason is that you do not believe you had a fair hearing because the judge was a neighbour against whom you were successful in a planning dispute, and there was a real possibility of bias.(Do not accuse him of ACTUAL bias, but show the POTENTIAL for bias)
The delay in applying for set aside is because you have only recently been advised that this
is what Lord Bingham had said as in post 3.

The alternative, as I see it, is to appeal.
CPR 52.4 puts a time limit of 21 days for appealing but 52.6 allows for an application to vary time limits and 52.7 allows appeal court to stay the decision of lower court.

I'm hoping others more versed in this sort of situation will come forward with their input.
or you might speak to Shelter as suggested by Flaming Parrot.

[Crazy council]

Re: rePossession -1 week to go- help please

No. Not to late but you have to reqest permission to appeal out of time along with the application. Becaise of the prior relationship with the judge. You should get it. You need permission to appeal and to request a stay of exicution just in case. Then. Your appeal needs to be focused towards the cost that your estate will be charged by them acting that way. Ask for a stay for 6 months but you will have to promis some conditions. 1 sevice at least the interest on both mogagee and charge over the period. That the property will be up for sale at price agreed from 3 valuations. That you will agree with any reasonable conditions reqested by the other party.
I think the appeal and permission to appeal aee the same form. They may need to be done at your nearst high court. With an application for it to be heard immidealty

[Crazy council]

Re: rePossession -1 week to go- help please

I think this is the roght direction. Immeteadly request permission to appeal and a stay of 28 or 56 days. The stay and appleal really need putting in tomorrow. on that form. Permission to appeal would be because of the prior relation from the judge and also you might say he faild to consider the cost to the estate and possible losses to the first charge when making the order.

Outline you main appeal but you will have 14 days to get your docs together.....

I have been there..... dont try deal with everything at once. Phone shelter asap but time is short and you really need these apps in yomorrow. If you gett the extra time.... the otheres on here will help you deal with the debt company properly. So concentrate on getting the stay and permission to appeal in.......

Can someone else help them with the correct forms

[herself19]

Re: rePossession -1 week to go- help please

Thank you all so very much I actually slept last night! I will file applications today in person if anyone has any thing else that I should put in application....