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Points of Law

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  • #46
    Re: Points of Law

    :bump2: :bump2:

    anyone have any ideas??
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

    Comment


    • #47
      Re: Points of Law

      I would think there was a good legal reason why the Judge wasn't go to go over what had happened.
      Uses Court time and may cost you more or wasn't going to dispute anything the 1st Judge had decided.
      Have to find out what a Judge can & cannot do when looking at a case and learn that really.
      Here is website if it is found that the judge was failing to do his job properly.
      I doubt they were and may have been acting in your best interests too just that it wasn't explained how.
      If a complaint seems the only recourse to the Law.
      https://www.gov.uk/government/organi...mbudsman/about

      And other thing I read on wiki about the Burden of proof.

      Legal Burden of proof.
      http://en.wikipedia.org/wiki/Balance..._probabilitiesHe who does not carry the burden of proof carries the benefit of assumption, meaning he needs no evidence to support his claim. Fulfilling the burden of proof effectively captures the benefit of assumption, passing the burden of proof off to another party.
      and
      Preponderance of the evidence, also known as balance of probabilities is the standard required in most civilcases. This is also the standard of proof used in grand jury indictment proceedings[citation needed] (which, unlike civil proceedings, are procedurally unrebuttable),
      The standard is met if the proposition is more likely to be true than not true. Effectively, the standard is satisfied if there is greater than 50 percent chance that the proposition is true. Lord Denning, in Miller v. Minister of Pensions,[7] described it simply as "more probable than not."

      The above made me think about how much is owed originally.
      and this.
      Neither the seriousness of the allegation nor the seriousness of the consequences should make any difference to the standard of proof to be applied in determining the facts. The inherent probabilities are simply something to be taken into account, where relevant, in deciding where the truth lies."

      It made me think of the risk you took in not paying the debt in the 1st place.
      If you had known the Bill was going to escalate to the point where you could lose your home then you would have paid the debt if it was yours to pay.
      If you can (could have shown to the Court) that you had made every attempt to pay because your intention was honourable and you can show how much you did owe originally and were prepared to pay a certain amount over the top.
      Then it should stand to reason that you are the one with 'more right' because you had too much to lose.

      I might not have explained that well. Debt collector loses one contract & a few thousand pounds.
      You stand to lose your home and all that means to an individual.
      At the end of a day, one job is not a mans whole livelyhood but ones home is his castle.

      Comment


      • #48
        Re: Points of Law

        Haven’t seen you on for a while Jazz; Hope you are taking the weekend off as suggested and haven’t given up on LB’s. Get ready to rumble!
        xxxxxxx

        An optimist is someone who falls off the Empire State Building, and after 50 floors says, 'So far so good'!
        ~ Anonymous

        Comment


        • #49
          Re: Points of Law

          Originally posted by PAWS View Post
          Get ready to rumble!
          me too I might not know much, but I'm more than willing to help xx
          Debt is like any other trap, easy enough to get into, but hard enough to get out of.

          It doesn't matter where your journey begins, so long as you begin it...

          recte agens confido

          ~~~~~

          Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

          I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
          But please include a link to your thread so I know who you are.

          Specialist advice can be sought via our sister site JustBeagle

          Comment


          • #50
            Re: Points of Law

            I am going to see if I can borrow the money for the original debt from a family member and pay them off in a lump sum. If I do this, can they still carry on with the bankruptcy for the Court charges?(£2,800) In my mind, they took me to Court to get that money (£2,400). if I give them it, I have done my duty towards them. If Court fees have accrured then surely thats up to them as they initiated the action?

            Comment


            • #51
              Re: Points of Law

              It can't hurt to try [MENTION=51068]jazzhands[/MENTION] - if you are only in debt for the charges (if you are liable for them) them it's got to look better for you xx
              Debt is like any other trap, easy enough to get into, but hard enough to get out of.

              It doesn't matter where your journey begins, so long as you begin it...

              recte agens confido

              ~~~~~

              Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

              I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
              But please include a link to your thread so I know who you are.

              Specialist advice can be sought via our sister site JustBeagle

              Comment


              • #52
                Re: Points of Law

                Think you will find fees are still payable .You have to remember if there was nothing owing they would have no reason to take you to court.
                Heed the advice from others on here it should help .

                Comment


                • #53
                  Re: Points of Law

                  I am going to see if I can borrow the money for the original debt from a family member and pay them off in a lump sum. If I do this, can they still carry on with the bankruptcy for the Court charges?(£2,800) In my mind, they took me to Court to get that money (£2,400). if I give them it, I have done my duty towards them. If Court fees have accrued then surely thats up to them as they initiated the action?
                  Hi jazzhands. Take some advice of the members of here before you ty settle with them, you may be able to settle without costs. Any offer you make them, mark it, without prejudice save as for costs.

                  If you can get a lump sum, simply offer it as full and final settlement. see what they come back saying. But mark it as advised above
                  crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

                  Comment


                  • #54
                    Re: Points of Law

                    What do you think about bankruptcy,
                    What bankruptcy case is best opinion in insolvency in Hanford, California ???
                    Any suggestions....Plz.

                    Comment


                    • #55
                      Re: Points of Law

                      Hi Robert Bell

                      and welcome.

                      With all due respect - HTF would we know? This is the UK:whoo

                      Comment


                      • #56
                        Re: Points of Law

                        Hi from me too [MENTION=54624]Robert Bell[/MENTION]
                        While I cannot advise you myself, you might find THIS LINK useful??

                        K x
                        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                        It doesn't matter where your journey begins, so long as you begin it...

                        recte agens confido

                        ~~~~~

                        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                        But please include a link to your thread so I know who you are.

                        Specialist advice can be sought via our sister site JustBeagle

                        Comment


                        • #57
                          Re: Points of Law

                          Thanks Kati.... Very nice link about legal activities.
                          Last edited by Amethyst; 6th November 2014, 16:47:PM. Reason: SPAM ( shock horror ) link removed

                          Comment


                          • #58
                            Re: Points of Law

                            oops wrong thred

                            Comment

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