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swimming with sharks!

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swimming with sharks!

Postby preacherman » Sun Jun 16, 2013 12:49 pm

Thought i would post this recent case law:

http://www.bailii.org/ew/cases/EWCA/Civ/2013/475.html
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Re: swimming with sharks!

Postby Slartibartfast » Sun Jun 16, 2013 1:44 pm

A good result for justice - final part is encouraging.
"Judicial tergiversation is not to be encouraged"
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Re: swimming with sharks!

Postby landlordnightmare » Sun Jun 16, 2013 4:10 pm

agreed - interesting, and good result - although I find it frightening that the bleedin' obvious (use of loan for refinancing) was missed by the lower Court.
Note: I am not legally qualified, just been around a few blocks. The sorry cynic.
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Re: swimming with sharks!

Postby atticus » Sun Jun 16, 2013 8:28 pm

And the facts as described in the Collins case are pretty much as I worked out about 3 years ago, in the original swimming with sharks thread. Very hard to see a way now of turning this to help preacher get something back. I'd love to be able to do that, though.


Edit ....


On further reflection, were LF involved in your case, preacher? There may just be an angle for you there. I'd need to think it all through carefully. Do you still have all your paperwork?
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Re: swimming with sharks!

Postby atticus » Mon Jun 17, 2013 12:49 pm

I have now studied that judgment. It confirms the view that the behaviour of these two companies has been outrageous. If anything, their approach as shown in the case of Mr and Mrs Collins has been even worse, totally cynical and bloodsucking.

I am working up another post. I would love to think that there may be a way of helping preacher. Perhaps he might contact the solicitor who acted for the successful appellants.
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Re: swimming with sharks!

Postby landlordnightmare » Mon Jun 17, 2013 12:58 pm

And as much as you will dislike me for saying so - it appears aided and abetted by a large law firm that claim to be very reputable 'holding their clients interests first' or some such waffle from their internet site.

Oh this is it - their mission statement

Our objective is to make the law work harder for our clients every day, not just in times of crisis. It's what gives them the law of advantage.


Who were their clients again? Well therein lies a rather large problem!
Note: I am not legally qualified, just been around a few blocks. The sorry cynic.
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Re: swimming with sharks!

Postby atticus » Mon Jun 17, 2013 1:24 pm

No, landy, I don't mind you saying that. The law firm appears to have acted outrageously in the part it played in the scam. That's why I asked preacher the question I asked in my first post in this thread.

Sir Stanley Burnton described the law firm as having "a conflict of irreconcilable interests". That is strong stuff.
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Re: swimming with sharks!

Postby landlordnightmare » Mon Jun 17, 2013 1:38 pm

atticus wrote:. I would love to think that there may be a way of helping preacher. Perhaps he might contact the solicitor who acted for the successful appellants.


Indeed. Second thought can't be a bad one, although I would suggest Preacherman gets together a short and clear precis of all of his issue. As I seem to remeber it was difficult to piece together in the old threads from 3 years back and the last thing he wants to do is come across as confusing if/when approching them.
Note: I am not legally qualified, just been around a few blocks. The sorry cynic.
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Re: swimming with sharks!

Postby atticus » Mon Jun 17, 2013 2:25 pm

I've been begging for that précis for years! I am pretty sure that I have pieced together large parts of the story, but still with gaps.
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Re: swimming with sharks!

Postby preacherman » Tue Jun 18, 2013 5:05 am

I don't know fully what my options are at the moment. I could re-open the appeal (second appeal court of appeal). I did have letters from the court which could be promising. I would also need to set aside a decision of the land registry adjudicator, allowing a charge to be registered AFTER possession was given. The lower court did not read or refer to my defense.

the person who signed the transfer (tr2) was not a director of consolidxxx but alleged to be on signing.

the solicitor firm has long gone but I did write to the partners, and then received a letter from their insurers, saying i had to comply with negligence pre- action protocol,I have not chased that yet.

I also have a claim against BPF and consolixxx an another for professional negligence,(trial date next year) as they failed to stop me from losing my home, and acted totally contrary to there assertions, as they were suppose to be professionals in this area, but that claim does not get me my home back..

the other solicitors they used a lot was Lees Lloyd Whitley.(there gone now so hopefully dls does not mind the name being shown here).

edit...! yes still have most paperwork. also obtained some via freedom of information, and have some investigation documents, in which legal complaints communicated with partners of LLW.

my documents are much the same as the case law on here.

Made bankrupt for £2,000.

contacted by bpf.

rep sent to my home, told me to sign and could still cancel but he needed to send documents back to head office.

sterling facility letter, and third party charge.

think I might have been first victim! house then taken by them in 2009.

I had a bit of a good fight as the document named the wrong property, which held me in the battle for a while, but land registry adjudicator later allowed charge to be registered.

thanks to old sparky! as he was then, i learnt about conversion and managed to get some money from the estate agent who refused me access to remainder of my things in the property.

seemed to me that it was infact bpf who instructed llw, not me.
'please introduce yourself to the client as soon as possible'
'obtain evidence of his debts'

'thank you for instructing llw!! we will be annulling your bankruptcy.
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