Where's the Justice…? (The Civil Justice System in Disrepute)
The Judicial Oath
“I…… do swear by Almighty God that I will well and truly serve our Sovereign Lady Queen Elizabeth the Second in the office of…, and I will do right to all manner of people after the laws and usages of this realm, without fear or favour, affection or ill will. So help me God.”
So there we have it. The Judicial oath – a solemn promise to do right, to follow the law and to do so fairly with impartiality.
This is the fulcrum upon which the whole credibility of the system of Civil Justice in England and Wales depends. The merest hint of justice denied is a stain on the good character and repute of the system itself. But there is something more than a mere ‘accidental’ or isolated injustice going on at our County Courts in repossession hearings against the scum. When it comes to keeping or losing your family home it has seemed for some time now that a great many of our County Court judges are violating a fundamental principle. THE RIGHT TO BE HEARD FAIRLY AND IMPARTIALLY IS BEING DENIED AND DEFENCES ARE BEING TOSSED CONTEMPTUOUSLY ASIDE.
I am becoming increasingly angry at the mounting anecdotal evidence of judicial arrogance towards Litigants In Person. It seems that a growing number of our County Court judges don’t like people who cannot afford representation and therefore “choose” (hardly the right word, but no matter…) to mount their own defence. And it also appears that our judges take particular displeasure with defendants who submit strongly founded defences.
How dare you? Do you not realise that you must not have the temerity to submit a strongly founded defence. You must be submissive, polite, deferential and silent both during and after the scum’s brief has lied, distorted and misrepresented and the judge has nodded sagely. Whatever you do don’t counter with anything based in law or in fact. This would constitute an affront to the smooth running of the “justice” system, and severely disrupt the 10 minutes per hearing target they have set themselves.
Let’s start by looking at the Civil Procedure Rules, which for those of you who don’t know are the rules and practice directions, the Courts and parties to a case MUST FOLLOW. They are, if you like, a kind written constitution for the civil justice system. The rules are divided into various parts such as the protocols that need to be observed when making a claim, when submitting evidence, when seeking orders for disclosure and specialist sections dealing with, amongst others, the rules on repossession.
Here’s a quick look at some of the procedures claimants (that’s the scum to me and you) in possession claims are supposed to adhere to and critically the Judge is supposed to be on the look out for.
A simple question. Has any judge in any hearing you have been at specifically asked for these? Not at any I’ve ever been at that’s for sure. Or do they ask the scum’s brief the devastating opening salvo “I trust everything is in order?” to which the scum’s brief replies “Yes, Sir…’ Note the repeated use of the word must. These are not optional add ons to be applied or discarded according to the whims, fancies and moods of judicial discretion.
How many have been repossessed on an order by the same judge on the same day who didn’t check to see whether these MUSTS were followed?
Subtle isn’t it? Favour, ill-will and an absence of fairness of the most lethal kind.
The invisible kind.
I AM NOW SO INCENSED BY OUR COURTS TOSSING ASIDE DEFENCES WITHOUT SO MUCH AS A CURSORY GLANCE THAT I INTEND TO RAISE A STINK ABOUT THIS AND FORCE THE ISSUE.
Please contribute your experiences. If you want this rot stopped and the prospects of at least getting a fair hearing improved, every story you tell will help. How did your Judge treat you?
27 Comments for “Where's the Justice…? (The Civil Justice System in Disrepute)”
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..on LD’s case, it shows how the courts are corrupt to the core. there is irrefutable evidence that SPML does NOT own her mortgage. it defies belief, that SPML even had the audacity to tell her to pay the SPV directly. the judge’of what’, only looks at the land register, which has plainly been corrupted through the SPVs securitisation of borrowers mortgages. Remember it is the SPV which securitises the mortgages, once it has purchased them from the JAWs, via a True Sale. judges are NOT stupid or ignorant, they are corrupt.
makes you think, if the SPVs can avoid paying stamp duty by non-registration, then WE THE PEOPLE can also do the very same!
infact, we should help our fellow citizens to save £000′s in stamp duty, BY INFORMING THEM THEY DONOT NEED TO REGISTER THEIR PROPERTY PURCHASES. Better still, if its transactions between family members, then who cares?
If its ‘legal’ for the SPVs not to register and avoid duty, its legal for the British people to save themselves money too. All the purchaser need do, as the SPV does, is put a restriction on the land register so their interest is prioritised.
ITS THAT SIMPLE AND COMPLETELY ‘LEGAL’ AND THE COURTS WILL BACK YOU UP! COZ WE KNOW THE LAND REGISTER IS ABSOLUTELY TRUE???!!! SO THE LR WILL SHOW ORIGINAL VENDOR WITH A PURCHASER RESTRICTION, SO THERE WAS NO SALE-SO NO STAMP DUTY NEED BE PAID. sound familiar JAWs and SPVs?
Yes, I can see this would be of great benefit to peeps buying properties from their relatives and family members, and saving a few thousand quid!
wot d’ya know eh?, i bet HM Land Registry and HMRC, would just love that?!
the LR completely fecked up and HMRC getting squat! how long do you think it would then take for the ‘courts’ to start applying the rule of law on the transfer of mortgage assets? Yer’ damn right, real feck’in quick, when the HM Treasury coffers start emptying..
..maybe we should have a sub-menu at the top, ‘How to LEGALLY avoid paying Stamp Duty’ or ‘Securitise YOUR Property and SAVE SDLT’..what do you think KaggaZ?
TMH
KwA
My experience has probably been very different from most peeps.County Court an absolute joke if you are a LIP forget it,THEY ARE TOTALLY SOLICITOR FRIENDLY BEING RUN BY EX SOLICITORS.
The only possible way I can see you can make any impact on the scum is to issue a counterclaim against them,legally this is treated as a seperate claim so it has to be considered by the cout.The problem with doing it at an eviction hearing is your on your last legs defence so it looks like a liability escape.Perhaps the best time to try it is when they go for a suspended repo.
My experience with the High Court are totally different,you are not time limited and you have a full chance to air your case in front of a barrister not an idiot failed solicitor.You also get a long and reasoned judgement.
Unless you are in a no lose situation and can get fee remmission this course is to say the least cost prohibitive but you will get a fair trial,it was the only time ever a cagger got disclosure ordered of the securitisation documents to which the scum immediately caved in and did a deal.
I sit here now very angry my experience with capstone has been a complete nightmare over the past 10 years, all starting with them loosing payments, me trying to catch up, them finding any way they could to increase the charges meaning that my arrears were not made up of missed mortgage payments but purely charges. Five years down the line I had an industrial accident which left me physically and mentally disabled which resulted in a long drawn out legal battle with my former employers, lasting five and a half years. Has a single mother of four young children at the time I could have really done with some help and support off capstone, Barclays Bank have been very patient, even allowing me two years of missed mortgage payments,Capstone however just wanted to take all of the benefits that I received, resulting in four young children suffering,times when there has been no food in the house, no winter coats or shoes, even chopping up furniture to burn on the fire in order to keep them warm, all because of this greedy, uncaring company wanting to take every penny of my benefits, using scare tactics to get it out of me. I have yet another eviction notice which is to take place on 9/11/2012 for the grand totally arrears of £1090.47 all of which consist of their charges. On their website Acenden quote my outstanding balance has £2206.52, which confuses me because I only have two months payments left on the loan totally £424.56 which added to the arrears leaves a balance of £1515.03,any advice on this. Last week I telephoned to speak to one of the trained monkeys at this firm to explain to them that I had won a out of court settlement for my accident, because the payout was quite large I am putting it into a trust fund which will take a couple of weeks for me to set up, and they will pay Capstone the outstanding balance, still they wanted to stick the knife in further, although at the same time I also paid paid them £600 off the arrears, they still refused to lift the eviction notice, know they are awaiting another telephone call from myself and another £400 and still no sight of them stopping the eviction, although I physical do not have the money from the claim, they still want to take all my benefits and draw as much blood that they can from me, I feel that angry that I just cannot speak to them,anyone got any advice. One more thing, when I did tell them about my claim within ten minutes I received a telephone call from another company offering me loan facilities, they must also be selling information onto other firms. I would appreciate any comments.
sorry Eviction date is set for 9/1/12, also may I say I had an insurance policy with this loan, when my accident happened I tried to claim on it only to be told it had run out, it only lasted five years, when the loan lasted ten, which I was unaware of, what is the point in this.
Sorry another point that puzzles me is why when this firm goes in front of a court in order to activate a suspended rep order (which was in fact in the name of SMPL) why have I not been told what date they are going to court so that I can put my case across. And why is it that this firm seems to be the only one that cannot change the date that you actually make a payment in order to fit in with benefit payment dates, I do realise that this is another way for them to make more money by adding more charges, but is this legal, maybe a stupid question.
Hatter is technically right here,a revolution in land registration,purchaser has a contractural agreement with vendor that they will occupy property exclusively and can sell when they like.
They register a form n restriction on property which requires their consent to sell,so their interest is immoveable.
No stamp duty or fees,no need to register,no conveyancing/solicitor fees,vendor can’t raise money or sell the property behind your back because of the restriction,what an excellent idea.
Hatters theory could in fact be converted into a substantial legal argument.
1)Every owner of property in this country applies the securitization principles to sale of their property.
2)They retain on paper the legal title and sell the equitable title to the purchaser with all the contractural agreements in the jaws/spv prospectus with the condition of uniterrupted habitation and right to assign(sell on) in perpetuity..
3)There would only ever be one registered owner of the property until the end of eternity the whole purpose and reason for land registration completely subverted,no stamp duty or fees for the equitable owners for evermore.
4)No land registry or staff could all be stored and accessed by one person on computer as only the need to register one owner.
CMS
NAIL THIS ONE TO THE DEFENCE
HEARING
The claimant must bring 2 completed copies of Form N123 (Protocol Checklist) Practice Direction D 5.5 (CPR 50th Update Oct 09)
Where the claimant serves a Claim Form/Particulars it must produce at the hearing a Certificate of Service. 55.8(6) Form N215.
The Claimant must also produce:
• Copy of notice to tenant/occupiers and local housing authority
• Proof of service of these to the defendant and the court
CPR 55.10(4)
PCS GONE MAD HERE!!!
IF HOME OWNERSHIP WAS SECURITISED AS PRACTISED BY THE SCUM HORDE NO ONE WOULD EVER KNOW WHO THE REAL OWNER OF THE PROPERTY WAS AS THERE WOULD ONLY EVER BE ONE REGISTERED OWNER SO THE VERY CONCEPT OF SECURITISATION STRIKES AT THE VERY HEART AND PRINCIPLES OF LAND REGISTRATION.THATS THE LEGAL ARGUMENT AND THATS WHY ITS A TRUE SALE IN THE USA WITHOUT THE DEVIOUS EXPLOITATION OF LOOPHOLES TO AVOID TAXES FEES ETC.
IT COULD BE ARGUED AND IN FACT IS ARGUED THAT IT IS A TRUE SALE THE ONLY THING PREVENTING REGISTRATION BY THE SPV IS DELIBERATE NON NOTIFICATION TO THE BORROWER UNDER S136 LOP1925 SO IT COULD BE SAID DELIBERATE TAX EVASION,REGISTRATION FEES,AVOIDANCE OF REGULATION “REMEMBER THE MAGIC WORDS THE ISSUER HAS NO INTENTION TO REGISTER AT THIS MOMENT “(PROOF POSITIVE THAT IN REALITY IT IS A TRUE SALE AS THE SPV HAS THE DECISIVE AND ONLY OPTION TO REGISTER AT ITS SOLE DISPOSAL)
WHERES SUPER??????????
SEEMS THE SPV IS ALLOWED AN INDEFINITE AMOUNT OF TIME TO DO THIS AT ITS OWN VOLITION AND DISCRETION
I am furious. I have been in the chambers of District Judge Weston (Hull Combined court) today. He didnt even give us chance to sit down before he had agreed it with their solicitor. I stated the arrears were not even in agreement. His exact words were “I am agreeing them now”. When I tried to contest that he stated “I am letting you keep your house… If you dont like this you can move out on the 22nd December!”
I have spoken with a sloictior friend- she said he has (unfortunately) done nothing wrong in the eyes of the law- so I have no grounds for appeal in terms of the law. Proceduraly he is out of order. He didnt want to listen our case. Didnt want to listen to what we had to say. Added to that his whole attitude was against us from the start. I do not even think he had even read what we had put on the (woefully inadequate) form we filled in when we put our defence in.
The whole system is a joke….
I sympathise completely with you Phil. Some of our District Judges have a barely disguised contempt for the Litigant in Person. This drives a coach and horses through the overriding objective and the civil procedure rules.
I really do think that the Civil Justice Council have to wake up to what is happening and get some practice directions flowing down that send out a clear statement of intent concerning the rights of parties.
I actually do think you have an appeal on a point of law. The court is mandated by virtue of an ECJ ruling to assess the contract for fairness. If it did not do so, any order it makes is voided. There are many such examples of procedure including CPR 55.10 which can be used to turn the tables on arrogant judges such as the one you have encountered.
If you are up for the fight you can apply for an EX107 which is a transcript of the hearing and submit that as evidence that you did not obtain a fair hearing, itself a violation of Article 6 of the Human Rights Act, 1998.
It really does make my blood boil though.
Another judge collecting his pension from the pot!!!….
My wife has been in tears with this since it happened! It is a nightmare. His whole attitude was “I am letting you keep your house- what more do you want?” – well it feels like a noose round our neck- we have been advised that even if we are 1 day late making payment then they can apply for immediate possession proceedings. I have just e-mailed a second complaint to the FOS (who have so far done very little). I have put so much information in that it is 7 pages of complaint- plus all of the letters etc going backwards and forwards.
I cannot understand how a judge can actually get paid for something so despicable. I have 3 small children and to just turn around and say- “If you dont like it then I can tear up this agreement and you can move out on the 22nd December” is exceptionally calous.
I totally sympathise with you Phil. We have had exactly the same treatment on numerous occasions in our courts.
And as hard as it may sound you have to take it with a pinch of salt & be strong.
I usually find if its them taking you to court then the judge is very biased towards us,but if it was you to take them,then you will find a totally different experience altogether.
At the end of the day,your the bad borrower to the judge & a big lender isn’t going to lie,but we all know different!!
Have you taken them to court at all in the past for unfair charges etc…if you haven’t, then I would consider it as an option.
Take Care x
I do think that may be our next thing. I am hoping we can get something out of the FOS
This was an application for permission to appeal to a Circuit Judge, regarding a decision that was made by a District Judge on the 2nd. of December 2010, this was not possession action therefore was an application for permission on a point of Law in Mortgage Possession Proceedings. the Circuit Judge was in complete favour with
Capstone/Ascenden [TLT] Solicitor, my Barrister was hopeless, at one point I tried to defend my home myself but was told to sit down, the Circuit Judge dismissed my case and made these ruling in her Order:Permission to appeal again: refused, The deemed application to suspend the warrant is dismissed: Any future applications to suspend a warrant to be before a Circuit Judge
There be a detailed assessment of the Defendant’s publicly funded costs, meaning I was well and truly stiched up by a vindictive Circuit Judge who addmitted she had absolutely no knowledge of my case, she did not read the transcript grounds for my appeal, my Barrister pocketed the £4000 and left to maybe laugh out loud at my miserable day in the County Court, total unfair system, eviction notice followed swiftly but I am still fighting on saw my Lawyer today she is so limited….she was speaking out of Capstone/Ascenden’s rule book I though I was sitting inside Capstone/Acenden’s High Wycombe’s office what a joke [I am begining to think they are all in this together and my home is the cherry on top of the cake to be shared between them [what a life]are we marching on March the 26th against Capstone/Ascenden? if you are I will join you all just organise it and spread the NEWS. I am sure SOCIALIST WORKERS WILL LOVE TO MARCH WITH US WITH A PASSION TO CLOSE DOWN THIS FILTH COMPANY [ENOUGH IS ENOUGH]p…ed off co-co.
My next Hearing is…9th. March 2011 before a Circuit Judge to ‘stay’ the warrant..help is needed As-Soon-As possible
There are Unfair fees on my account which the Judge was not willing to look at or remove which I really think is wrong
Unfair Hearing, Unfair fees applied over time equals= repossession…coo-coo
Hi COO-COO, just looked a your case, the first thing a 9am
call CCCS on 0800 1381111 and complete a budget, get it in hand and add it to your statement to the appeal court, Second list all charges and payments made quote FSA rules on TCF, Third you can use a number of higher court rulings
to appeal the arrears(paid over the term)Contact the FOS by e-mail if your have not done so already and get a complaint raised against Acenden/ who is acting on behalf
of one of 22 former LB company’s, Also an e-mail to the FSA supervisory section outlining the why Acenden is acting. To go into it further will alert the team who spend there day watching this site from there pit so e-mail sites admin and they will forward your e-mail to me.
My House has just been stolen by Acenden/Capstone (bandit)
I did not take any loan from them. They claim that they had
the power to repossess my property as property managers.
I believe that their claims are fraudulent. However to cut
a long story short a most bestial and corrupt monster of a judge granted this named bandit possession of my property. WHAT CAN I DO NOW?
Frank,
Can you explain a bit more? Were you in a renting situation?
FRANK send specific details to the site email borrowerstrust@gmail.com where we should be able to help directly
Thanks for this subject. I even don’t know where to start from. I had a repossession and eviction in 2009. The circuit judge ( not judges) claimed that I could not afford to make repayments in the foreseeable future, because I was making late repayments.
During the first year a lady judge suspended the repossession as she felt I would be able to make my repayment. During the next two years I continued to make repayment though they were usually paid one/two week (s) late. During these three years I could not remortgage because my subprime mortgage company had placed a £10k redemption charged on the mortgage. The lender seemed to have planned repossess just before the end of the three year period.
Remember when you have a court cases you experience destruction on your working schedule.
Why would one judge make a judgement based on his personal future predictions, yet the past three years proved the opposite? It was like he had taken a bribe.
He ordered that my file not be allowed to leave his office so he hijacked my case. On the last appeal hearing, he was floundering so he asked us to have an hours recession so he could read the case. Then he came back to make his grand predictions. Also, the courts don’t have financial professional to look at the figures, So I could never talk freely about this as the judge would get offended. The Lender was always submitting false figures and including extortion on late repayments. The story is quiet long, wouldn’t like to bore you with peculiar details.
Mark
Thanks for this subject. I even don’t know where to start from. I had a repossession and eviction in 2009. The circuit judge ( not judges) claimed that I could not afford to make repayments in the foreseeable future, because I was making late repayments.
During the first year a lady judge suspended the repossession as she felt I would be able to make my repayment. During the next two years I continued to make repayment though they were usually paid one/two week (s) late. During these three years I could not remortgage because my subprime mortgage company had placed a £10k redemption charged on the mortgage. The lender seemed to have planned repossess just before the end of the three year period.
Remember when you have a court cases you experience destruction on your working schedule.
Why would one judge make a judgement based on his personal future predictions, yet the past three years proved the opposite? It was like he had taken a bribe.
He ordered that my file not be allowed to leave his office so he hijacked my case. On the last appeal hearing, he was floundering so he asked us to have an hour recession so he could read the case. Then he came back to make his grand predictions. Also, the courts don’t have financial professional to look at the figures, So, I could never talk freely about this as the judge would get offended. The Lender was always submitting false figures and including extortion on late repayments. The council proposed to pay, but I did not have the papers with me the final day, and the judge was not interested in waiting to see the papers.
The £6,000 areas had come down to £4000 in accordance to what the court had ordered me to pay.
I was receiving relentless harassment from the lender.
The lender provided false information but the judge did not hold them against perjury.
The story is quiet long, wouldn’t like to bore you with peculiar details.
Mark bore us with the particular details,I bet your story follows the same pattern as many others and for the record its important,something may come of it,we live in eternal hope.Any claim you have may be extant for 6 years so never give in.
Lets live the fantasy for example that their charges were deemed excessive and victims could claim them back,where would that leave the dispossessed who’s eviction had been created by the addition of these excessive charges to their arrears instead of their mortgage account,a common ploy to force eviction and deceive the in many cases inept judiciary?
There is a book, or there was a book entitled which I read have recommended it to friends, “the Law the Law but Where’s the Justice”written by Roland Banks, apparently owing to legal pressures the book has been withdrawn from sale, reason being it tells us all what goes on behind those closed doors, I’ve tried many stores to purchase it but to no avail, also Amazon, does anyone know where we can obtain this book????