Mousey
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Post by Mousey on Jan 8, 2024 23:47:47 GMT
Following a hearing earlier today His Honour Judge Keyser KC referred the borrower "to the Solicitors Regulation Authority for consideration and, if appropriate, investigation" after sending "disgraceful and inexcusable" communications to a claimant.
The judge said: "I do not consider him to be an honest or credible man ... For his own ends, he is willing to resort to intimidatory and threatening language, advancing allegations that he cannot possibly believe to be justified"
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agent69
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Post by agent69 on Jan 9, 2024 9:31:21 GMT
Breaking: Following a hearing earlier today His Honour Judge Keyser KC referred the borrower " to the Solicitors Regulation Authority for consideration and, if appropriate, investigation" after sending " disgraceful and inexcusable" communications to a claimant. The judge said: "I do not consider him to be an honest or credible man ... For his own ends, he is willing to resort to intimidatory and threatening language, advancing allegations that he cannot possibly believe to be justified"So how long has it taken the legal system to realise something that we have all known for a long, long time?
By the way, will this same Judge be in charge of future hearings?
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Mousey
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Post by Mousey on Jan 9, 2024 10:46:50 GMT
I've written up the case in 'Solicitor sent “disgraceful and inexcusable” communications in £40k property dispute, court finds' - a link to a link is here As I say in the article this isn't the first time litigation misconduct has been alleged against the borrower. I should make clear this litigations is separate to Unbolted.
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Mousey
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Post by Mousey on Jan 9, 2024 11:19:08 GMT
I am pleased to see the word pellucid being used. It doesn't get used often enough. I admit to having a quick google when I saw that word! Has a link with 'lucid' "Both lucid and pellucid derive from a Latin word that means "to shine through.""
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registerme
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Post by registerme on Jan 9, 2024 11:56:09 GMT
My own ignorance speaking here, but how much do a judge's findings in a case like this weigh on other cases before the courts?
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eeyore
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Post by eeyore on Jan 9, 2024 12:12:42 GMT
I am pleased to see the word pellucid being used. It doesn't get used often enough. I admit to having a quick google when I saw that word! Has a link with 'lucid' "Both lucid and pellucid derive from a Latin word that means "to shine through."" I first heard this term almost 40 years ago when, during a departmental staff meeting, the head of department referred to my colleague's contribution as "pellucid as ever". Dennis was somewhat miffed, thinking he'd been been insulted - he thought it had something to do with fish! A quick trip to the secretaries' office to collect a dictionary and he was all smiles again.
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michaelc
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Post by michaelc on Jan 10, 2024 13:07:07 GMT
My own ignorance speaking here, but how much do a judge's findings in a case like this weigh on other cases before the courts? Maybe mouse or others can clarify but my wild guess is on the face of it zero but presumably those comments could be used in evidence as part of broader evidence to state the witness is not credible ?
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Mousey
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Post by Mousey on Jan 10, 2024 15:05:55 GMT
My own ignorance speaking here, but how much do a judge's findings in a case like this weigh on other cases before the courts? Maybe mouse or others can clarify but my wild guess is on the face of it zero but presumably those comments could be used in evidence as part of broader evidence to state the witness is not credible ? I'm not a lawyer but I think as a principle every case should stand on its own merits. The courts should, in an ideal world, have no problem in finding an incredible witness to be incredible. This case with Unbolted seems to be predominantly around matters of law rather than matters of fact. Ie does this provision of the consumer credit act apply in this way rather than, say, a claimant alleging about the quality of someone's driving leading to a car accident. There's some dense legal commentary here - www.farrarsbuilding.co.uk/character-evidence-in-personal-injury-claims/
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Post by overthehill on Jan 10, 2024 16:06:47 GMT
Maybe mouse or others can clarify but my wild guess is on the face of it zero but presumably those comments could be used in evidence as part of broader evidence to state the witness is not credible ? I'm not a lawyer but I think as a principle every case should stand on its own merits. The courts should, in an ideal world, have no problem in finding an incredible witness to be incredible. This case with Unbolted seems to be predominantly around matters of law rather than matters of fact. Ie does this provision of the consumer credit act apply in this way rather than, say, a claimant alleging about the quality of someone's driving leading to a car accident. There's some dense legal commentary here - www.farrarsbuilding.co.uk/character-evidence-in-personal-injury-claims/
Like Trump then, treating the law and legal system like an playground for schemers and bullies thereby extending the time 99.9% of the population have to wait for real justice.
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duck
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Post by duck on Jan 10, 2024 16:19:19 GMT
I'm not a lawyer but I think as a principle every case should stand on its own merits. ..... Neither am I but in one case I was involved in as a McKenzie friend I applied to have the words of another Judge in another case admitted about a Home Office 'expert witness'. This 'expert witness' also happened to be an ex police officer and the importer of the LTI20-20 speed gun and therefore benefitted financially from saying they were accurate to allow more sales to be made to police forces and to allow prosecutions to continue unquestioned. This is the same type of gun that I use to capture a wall travelling at 100mph, not come across a speeding wall before!. www.youtube.com/watch?v=Xnado_fypHcThe request was denied.
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Mousey
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Post by Mousey on Jan 12, 2024 17:55:06 GMT
The judge indicated the decision would be handed down on Jan 15th. It is understood that the hearing on Monday is not going ahead. One could speculate as to why.
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michaelc
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Post by michaelc on Jan 13, 2024 15:42:41 GMT
Would it be contemptuous to do so ?
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Mousey
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Post by Mousey on Jan 20, 2024 20:43:19 GMT
It is understood that Open Access Finance have asked the court to take into account further information arising out of the recent county court judgment.
Speculation: Fairness would dictate that the borrower would be given an opportunity to respond too, if the court wished to take into account the new information submitted by OAF, hence the delay.
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Mousey
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Post by Mousey on Feb 1, 2024 16:00:04 GMT
The borrower is involved in litigation against the former Chief of Staff to Sir John Major.
Yesterday his law firm filed the claim on behalf of a client at the High Court.
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Mousey
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Post by Mousey on Feb 12, 2024 11:08:48 GMT
It is understood that the judgment will be handed down on Friday Feb 23rd in a remote hearing.
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