marlin 11 mortimor clark

[pt2537]

Re: marlin 11 mortimor clark

In what way Mike770? The white book is not a substitute for any legislation, its a commentary written by some very very very experienced practitioners on primarily the application and interpretation of the Civil Procedure Rules.

The whitebook is very helpful to most people i speak to, so id be interested to hear why you appear so hostile to it?

[MIKE770]

Re: marlin 11 mortimor clark

references made to the white book by Judges when mentioned about legislation - answer but the white book states different, i.e. under section so and so this that the other, Oh! but the white book says that as you are the defendant who brings a Set aside hearing then irrelevant to your case - as the other side now defendant against set aside hearing! also the white book regarding posting times etc by the Master of the Rolls ! is superseded by the white book, case not set aside. on and on it went!

Note:- This was even mentioned by the same Judge in another case, when challenged about sunday postal deliveries ! yes postal deliveries on Sundays after I pointed out there has been no postal deliveries for decades (held back to mention probably before she was born) Oh! but it is there shes said I said what = end of subject case lost! also was the fact that I was asked as the other person too nervous have I any further questions on the case, I pointed out and asked a few = each one has been dealt with already, (NOte:-I was told to shut up at the time)

[MIKE770]

Re: marlin 11 mortimor clark

For reference in one case:- 2011

DJ quoted from my Brandon Citation to HSBC solicitor who D.G. had not informed of my defence statement, I gave him a copy, then he had anticipated from earlier conversation at the last hearing and basically quote from White Book CPR rules (40.1) of civil procedures, as I had admitted in the 1st place the CPR I used was incorrect and the DJ said she had to agree then, I should of quoted another set aside CPR (14.1) (1), regarding admission.m, also Brandon was the claimant, and I was the defendant so CPR supersedes the judgment, the DJ on summing up said the CCJ stays, BUT STAYED for 2 months because the FOS are investigating a complaint from me, and to inform the court any deliberation, I had also pointed out having trouble with HSBC over SAR request timings as it should of been here fully by now.

Note: - The ICO upheld my complaint and stated that HSBC Had assured them that the practice of issuance of SAR request within the allotted time (40 DAYS)will be adhered to and the necessary changes to procedures are now in place, another sorry from them.

[pt2537]

Re: marlin 11 mortimor clark

Ok, but the whitebook is nothing more than a guide, the Courts often use the Civil Court practice as an alternative, its not the book thats to blame, its the person interpreting it, and often the litigant who doesnt understand the rules and argues a misunderstood case who then seeks to blame everyone else for their own failings from my experience.

if you made an admission ( i note the reference to CPR 14) then withdrawing an admission is often very difficult, and setting aside a judgment based on an admission can be even more tricky. Obviously i dont know the issues in your particular case but it does seem to me to be the wrong approach to blame the book rather than the person interpreting it

[MIKE770]

Re: marlin 11 mortimor clark

MIKE770 V DG thread you know from the past has list of events. and the bias regulators.

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Ok, but the whitebook is nothing more than a guide, the Courts often use the Civil Court practice as an alternative, its not the book thats to blame, its the person interpreting it, and often the litigant who doesn't understand the rules and argues a misunderstood case who then seeks to blame everyone else for their own failings from my experience.

if you made an admission ( i note the reference to CPR 14) then withdrawing an admission is often very difficult, and setting aside a judgment based on an admission can be even more tricky. Obviously i dont know the issues in your particular case but it does seem to me to be the wrong approach to blame the book rather than the person interpreting it

I have/do blame the persons interpretation of the case, also ignored No CCA1974 produced , and later evidence showed in letter she wanted about Investigation by regulator the HSBC admit no CCA1974 found, also no response from her in January 2012 to the fact evidence given regarding admittance by DG NO CCA1974.

[pt2537]

Re: marlin 11 mortimor clark

so why did you file an admission if no credit agreement had been produced? under the CCA once judgment is entered the right to a copy of the agreement ceases, if you filed an admission you shot yourself.

[MIKE770]

Re: marlin 11 mortimor clark

do we not all panic on 1st receiving a court summons before any knowledge of proceedings, especially when you are just getting over a major operation, hence the set aside and withdrawal of original panic admission, request withdrawal quoting the wrong reference i.e 13 instead of 14 or the other way around only after do we learn the procedures from sites like this one also failure of DJ to even look at the CCA1974 not produced, and later to prove they failed to admit no documents found in their system prior to set aside hearing, and admitting after case,


HSBC & D.G events throughout on here, a mess by DG from the start @ set aside hearing they kept apologising for ALL the mistakes they have made throughout submissions etc

[MIKE770]

Re: marlin 11 mortimor clark

we are taking up room on somebody elses thread oppsss will leave it there for now.

[Guest]

Re: marlin 11 mortimor clark

One thing that people need to bear in mind, is that while they may well have defective documents, with massive errors in them, the creditors will not roll over and say ok we agree. Just look at Brandon v Amex, Grace v Blackhorse, Kotecha v Phoenix all of which show the lenders will fight to the end.

You also need to bear in mind that when you rock up in Court and argue your default notice does comply with X or Y, there will be a lawyer on the other side with possibly many years of experience, with access to the Whitebook, Lexis nexis, Goode, Lloyd and Guest, Chitty etc, and who will be able to debate the intracies of the CCA , the case law etc, so its not just being able to stand there and say this is defective, but rather being able to argue the relevant case law too.

No one can tell you what they will say until you get to Court!!

I appeared in a small claims matter a while ago, where the advocate tried to argue that the defective Default notice was de minimis, as Manni Investments v Eagle Star showed that bad notices didnt matter (if i recall correctly) it was only because i knew of this case and the fact it was a landlord and tenant case that i was able to argue the contrary on the hoof.

We can tell you whats wrong but we cannot tell you how to argue this in court.

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oh and given as i understand it youre facing a summary judgment application you need to be familiar with CPr 24 and the case law which is relevant there after

thank you very much PT really appreciate this information I do understand your position on the argument in court, I hope I have a few arguments case law, and the obvious conditions they have broke maybe a judge will be fair who knows ill keep you all posted,,, all the best

[Guest]

Re: marlin 11 mortimor clark

sparkie1723 thanks for your advice to yes im all ears at the moment ,,when you said my chances diminish every minute trust me ,,, awwww I thought poor you I hope you were not treated to un fair im almost there with what I intend big thankyou all the best

[Guest]

Re: marlin 11 mortimor clark

hi mike 770 you and PT , I loved the debate don't worry about my thread and having a chat, this white book I would love to get my hands on my thread has been so dead from people other than me repeating myself it was quite a relief to see people abit interested,,, thank you,,, have a good evening

[charitynjw]

Re: marlin 11 mortimor clark

this white book I would love to get my hands on

Check your local library.

[Guest]

Re: marlin 11 mortimor clark

Check your local library.

yes for sure my local library, would not of thought that for one minute I was intending to google this to, thanks charitynjw

[Guest]

Re: marlin 11 mortimor clark

Check your local library.

hi the little white book oooohhhh not easy to get hold of unless i want to buy it for a silly amount my local library has a 2004 version to go look at in their place , im going to London next week so im thinking of poping into the British library this is also a good place to look and here's hoping for the 2016 - 2017 book while im out and about , still got some time to go to file my defence dates have been changed ohhh I just want this done and dusted

[pt2537]

Re: marlin 11 mortimor clark

hi the little white book oooohhhh not easy to get hold of unless i want to buy it for a silly amount my local library has a 2004 version to go look at in their place , im going to London next week so im thinking of poping into the British library this is also a good place to look and here's hoping for the 2016 - 2017 book while im out and about , still got some time to go to file my defence dates have been changed ohhh I just want this done and dusted

i
have a subscription to the whitebook online but thats obviously not much use, what was it you were looking for?