Litigants in Person

The thorn in the eye of the legal professionals, Litigants in Person run the risk of being labelled “vexatious litigant”.

But also THE opportunity for strengthening one’s character and one’s ability to help others and get help from others, eventually to make a difference to a system of financial exploitation and legal oppression.

Here are some links that may help:

In London:

Help 4 LIPs

Can’t Afford a Laywer

Support to Litigants in Person

Litigants in Person – Links

This is a very technical paper:

Recovery of Costs in Non-Solicitor Cases

And here is an academic report of 275 pages . It covers cases from four courts with this Contents:

Executive Summary
1. Introduction
2. Cases and unrepresented litigants
3. The characteristics of unrepresented litigants and their
cases
4. Difficult and Obsessive litigants
5. A comparison of activity on cases with and without
unrepresented litigants
6. Nature of Participation
7. Errors on cases where unrepresented litigants participated
8. Problems for unrepresented litigants
9. The judicial role when handling unrepresented litigants
10. The role of court staff
11. What can we say about how cases ended?
12. Summary and Discussion

The Executive Summary ends by saying “Court staff and judges perceived that improvements could be made in the way that unrepresented litigants were handled.”

The report starts with by citing Lord Woolf:

Only too often the litigant in person is regarded as a problem for judges and for the court system rather than the person for whom the system of civil justice exists. The true problem is the court system and its procedures which are still too often inaccessible and incomprehensible to ordinary people. (Woolf (1995), Chapter 17, para. 2.)

The more experienced victims become McKenzie Friends and we encourage them to become McKenzie Angels to help others.

Executive Summary
……………………………………………………………………………………….
i
1.
Introduction
………………………………………………………………………………………………….
1
2.
Cases and unrepresented litigants
……………………………………………………………….
15
3.
The characteristics of unrepresented litigants and their
cases
………………………………………………………………………………………………………….
67
4.
Difficult and Obsessive litigants
…………………………………………………………………..
79
5.
A comparison of activity on cases with and without
unrepresented litigants
………………………………………………………………………………..
93
6.
Nature of Participation
……………………………………………………………………………….
113
7.
Errors on cases where unrepresented litigants participated
…………………………
129
8.
Problems for unrepresented litigants
………………………………………………………….
153
9.
The judicial role when handling unrepresented litigants
………………………………
181
10.
The role of court staff
………………………………………………………………………………..
197
11.
What can we say about how cases ended?
…………………………………………………
221
12.
Summary and Discussion
………………………………………………………………………….
245
Bibliography
……………………………………………………………………………………………..
267
Appendix A
: Detailed method notes
……………………………………………………………
271
Appendix B
: Detailed regression analysis for court activity
………………………….
275

27 Comments (+add yours?)

  1. Trial Day 2 | Flying Vet challenges South Wales Police
    Sep 09, 2010 @ 10:55:49

  2. Lunch for McKenzie Angels at Welsh Assembly on Monday at 11am | Flying Vet challenges South Wales Police
    Oct 15, 2010 @ 11:19:31

  3. Advancing the Cause of Litigants in Person takes Time, Money and Guts | Flying Vet challenges South Wales Police
    Dec 31, 2010 @ 09:24:44

  4. Julie de Souza
    Oct 22, 2011 @ 21:58:19

    RIGHTS OF LITIGANTS IN PERSON – HUMAN RIGHT BREACHES:
    I am reeling with shock, by the inequality I have so far faced by the Courts that has added salt to my wounds. I have not been treated fairly purely on the basis that I am a litigant in person as I prepare myself mentally for the long haul fight that may result in me visiting the Human Rights Courts in France if I fail to get legal justice in this country.

    I will prove time and time again my rights have been breached mainly because I have been a litigant in person at first not knowing the law and now a litigant in person who has finally begun to understand the law and how the law has failed me. I have been fighting cases since 2006 against the same mortgage lenders at first defending an eviction a vulnerable ill mortgagor, and in 2009 my fight back to get refunds of excessive charges I sued them for increasing my mortgage by £5,500/- approx in charges for just being in arrears.

    As this case against my mortgage provider has progressed conflict of interest, a void mortgage and twenty other breaches that has come to light, including a near eviction that breached my rights as a mortgagor as it is my home they were evicting me from, callously using my circumstances as an excuse. My home an investment that I bought in good faith, loans and Insurance I took in good faith from the financial professionals they call themselves. Taking advantage of my situation of being unable to work due to ill health dismissive of circumstances of a person caught up in all the hell a hit and run car accident can really do, labelled a delinquent borrower on credit rating sites when evidence proves otherwise.

    High flying legal teams blatant disregard to the ethics of law & Court regulations, work the system with perjury, as evidence can prove. In reality there is no such thing as a STATEMENT OF TRUTH: I have statements of deliberate misrepresentations and perjury in my possession, accepted as truth, just because the legal representative has a law degree / versus the litigant in person shaking with nerves standing up to the Goliath and even more shockingly the Courts turn a blind eye accepting such statements that make a mockery of what real justice should really be.

    As the wheels of justice keep turning against a litigant in person first bullied into submission by the perforators of crime and then by the Courts who up to now are not user friendly to litigants in person, again breaching the human rights of the individual to a fair trial.
    I have been complimented on my presentation of my case by a few Judges, but cannot understand why my bundles go missing in court. This has happened three times till date, after I have submitted them in the presence of a PSU representative that has caused me to get verbally assaulted by a Judge who automatically presumed it was my error causing me to have a panic attack.

    I nearly passed out as I was dismissed, stopped short, when answering a question she asked raised by the defence as she vented her anger towards me. I have witnessed in utter baffled confusion, trying to understand court procedure and protocol as Courts have gone against their own orders and have allowed Defence bundles with contempt’s. Timely applications for cases to be heard not placed in correct order, cases that should have been postponed by Court heard resulted in cases being thrown out due to court errors and then re-instated. Disclosure not presented on dates set by the Court, blatant contempt’s by the defence disobeying court orders with no penal retribution. Judges in good faith either not having the time to read the case notes, or to get a quick breakdown of cases lean heavily on the Defence councils recommendations who are in turn too eager to de-stabilise the case in their favour have led to the three different Judges giving detrimental orders.

    In a recent case when the Judge vented her anger towards me without looking at my bundles as it was not presented to her on the day of the hearing presumed lost or destroyed by the Court. A case should not be heard in all fairness if the claimant’s (myself) bundles of evidence is not placed in front of the Judge, the case should have been postponed and further the Court should not use Defence Bundles once the Court has been forewarned that it contained evidence that has been forbidden by the Court.

    These Judgments have breached the human rights of my family and self all recovering after a hit and run car accident by the superfast eviction from 2006 and has continued till date. The eviction order should not have been granted in 2006 as the Mortgage as it stood from the moment of inception ‘Void in law as no terms and condition contract was ever drawn up and was not presented to the Court to prove that I had breached the contract in 2006’ and the Courts should have scrutinised the paperwork to protect my rights as a mortgagor in 2006.

    My right as the mortgagor was not protected by the Sect 36 of the Administration of Justice Act, perjured witness statements, taken as the truth nearly led to a near eviction in 2006. It is only recently I have come to understand the Property Law of England and Wales. I have been sold a predatory mortgage stripped of all my rights as a Mortgagor as serious conflict of interest has occurred in the favour of the lenders who have been heavily fined for abuses in 2009 by the FSA.

    The lenders, their company solicitors enticed the broker into their ring of deceit giving him the charge to procure my signature despite them promising to pay all legal costs and failed to do so. Having instructed their company solicitors who have claimed they were never instructed to act on my behalf, knowing I was never given legal advice prior to the signing and on the day of the signing the mortgage was the mortgage was approved and registered in the land registry in 2005.

    The unfairness I have continued to face has shaken me so much 20 serious breaches made by the mortgage company and their touts their company solicitors/the brokers. I have to continue to fight my cases on my own, my head kicked around like a football and my rights of audience and fair trial denied guaranteed by the Human Rights Act that some Judges do not seem to care about. Lenders and Brokers fold companies that have either fallen foul with the FSA or pre-emptively fold only to re-open under different company names to avoid the long arm of the law.

    What respect of the law will be left as Terrorists are given free help from the legal aid system and a LIP told that £12,000/- will be added charged to the home of a LIP if all court costs cannot be obtained is a slap in the face of what the Law is all about and should be, the protection of the victims and not the perforators’ of crime. Financial wrongdoers should be penalised heavily to show them what breaking the law is worth in consequences as they continue to con the British Public and the FSA continues to allow them to do business?

    The Courts have now continued to allow this eviction order to continue after being told the order was obtained by perjury as it is causing my credit rating to be low. I now have to make appeals to overturn the order which I am finding it hard to overturn. The case is on the 28th Oct 2011 next week at the Manchester Civil Justice Centre at 10.30am a Circuit Judge will preside over the case as I wade my way up the ladder to the High Court and probably the Human Rights Court. As I shake in my boots with nerves, and I wade through trying to grapple with complicated court procedure and further understand the law, I will persevere to unravel the financial maze of deceit laid out in great style by financial giants and their legal teams I will stand my ground and hope for the best from what the legal system ought to be.

    The Rights of litigants in person all over the country are being breached. They should be treated with dignity and respect, under given circumstances of being in an alien environment. Strict laws to penalise wrong doer’s solicitors who are committing perjury deliberately to win the cases as they damage the reputation of the legal system and more LIP’s will seek justice as they lose faith in their solicitors. The legal system is an honourable one, if I could have turned back time and if I had the benefit of education I would have taken up law as a profession as I am fascinated by it and the law should be seen to be and should be respected by those who have the duty to uphold its sanctity. My faith is badly shaken I must admit, alone with no one to turn to, just my faith in the judicial system of this Country.

    The Judges should remember we LIP’s are human and should respect the courage the individual takes to take such a stance and not treat them the LIP’s with distain just because they have the power to make a person feel uncomfortable in the already alien court environment by giving the defence barrister a field day with the head of a LIP on the platter. Victims all trying to get their lives back are not what they would expect from the Democratic Courts. The wrath of the law should be towards the law breakers and not the victims of crime.

    I am not in arrears but I now fear losing my home as the Void predatory mortgage that has been forced on me needs to be repaid once the charge is removed. Even though I should be entitled to serious damages and the whole amount can be written off if the Court so desires to punish the wrongdoers all these errors are not my fault is left to be seen.

    As I struggle to restart a business I was forced to fold a promising music recording label, part of the Brit Academy of Judges for a few years, and come to terms with the shock of what has transpired and how close I was pushed to a nervous breakdown and suicide in 2006. This is not what I expected from the legal system and the financial system in this country. I am not looking for pity but Justice. Please help protect the integrity of the legal system. My heart goes out to all those who are LIPs and my prayers. It wasn’t an easy decision to want to represent myself, with the legal aid system in shambles. God help us all, if the Courts cannot protect us from abuse. Julie de Souza

    Reply

  5. Julie de Souza
    Apr 26, 2012 @ 12:17:00

    Follow up to the above blog:

    Mortgagors have in reality no rights as the lenders rule the Court system in this country. Seeing history repeat itself conveniently. I have been set up to lose my case by the Judges, who have abused court procedure and yet accuse me of not understanding the law when in reality they know that I have understood the law. What I do not understand is how paperwork and an application has gone missing in court, there is no data protection in court once the paperwork in handed in.

    Despite knowing this I was blamed for not making applications correctly. The Judge has ruled that I have no merits in my case and my case has been officially thrown out after three years. Despite providing evidence that the re-mortgage is void as it does not accompany a signed terms and conditions contract, the lender charged me two interest rates one on direct debit and another added to the principal sum of the mortgage from the moment of inception during the fixed interest period, the lender and their company solicitor committed conflict of interest in the favor of the lender, no legal advice was provided at all by the lender who promised all legal costs would be paid as an incentive, they used my broker to act as a legal agent (who cannot be held accountable as the company he worked for folded preemptively when my mortgage lenders were fined heavily by the FSA), the correct Mortgage Conditions not mentioned on the charging deed, lenders company solicitor has been allowed to pervert the course of Justice, allowed to breach procedure.

    The Judges have been obstructive, insulting, verbally aggressive, and feign not knowing the law depending heavily on the biased recommendations of the legal teams of the defendants I have failed to get a fair hearing and audience as the Judges refuse to talk in lay persons terms. Not expecting me to pull them up for bending court procedure they have waged a war on me, knowing that my case would officially write millions of mortgages off, and I have been made into a scapegoat.

    What protection is there really when the Court acts in such aggression towards a Mortgagor who has the right to question the breaches willfully made by the lenders and their company solicitor? A Mortgagor has equal rights of protection. The FOS is a total waste of time and should be closed down. The Bank of England should take back the reigns financial rules and put in place proper legislation. Two years into the case as I attempted to seek legal help as I could not cope with the severity of the anxiety attacks I was pushed into by the Judges, reeling with the shock of two appeals dismissed, I passed out on the premises of the Manchester Civil Justice Center and was taken to the hospital via the ambulance.

    It was a very frightening experience. The Judges who wear the ‘cloak of power that the law of the land places on their shoulder’ should not be allowed to be abused. I was told by one lawyer that I was on a no win path as some Judges are in personal close friendships with these lenders so as I was taken on a wild goose chase I now have to make another appeal, as I plod through all the corridors of law in this country on my way to the Human Rights courts, my rights as Mortgagor a new word for ‘Slave’ as lenders wield the power in the lower courts who have been allowed to commit perjury, allowed to evict a person by committing perjury in super fast eviction orders passed without the Court checking to see if there is a proper terms and conditions contract in place that binds a person and are allowed to pervert the course of Justice as applications for disclosure was dismissed because the Judge was convinced I was talking through my hat when I insisted that all disclosure had not been sent, by an application under the freedom of information act that was followed by a court order to provide all disclosure needed.

    That prompted me to produce more evidence to prove them wrong that has now been dismissed as the pile of dismissed applications increase as the Court finds that they have not attempted to pervert the course of Justice. My paperwork bundles and application conveniently going missing in court, not knowing if they are intact in the manner I have presented them. Complimented by the various members of the PSU on my presentation.

    How can any Litigant in person hope to obtain any Justice as they live in hope and die in despair, financial slaves to a system that isn’t working. Now as I recover from the shock of what has transpired I personally have lost my faith in the legal system of this country. This case has scarred me to the point that I will never be trusting. Humiliated and ridiculed for demanding an explanation on the various breaches 24.

    The Court deemed it OK to evict a person allowing the lenders to benefit from but deems it utterly unlawful and distasteful, if the mortgagor demand answers to the breaches made by these lenders, and attempts to get the illegal mortgage put in place for 19years made void. Even though the law of England and Wales clearly states that a mortgagors signature on a charging deed can be ‘enstopped’ at any stage after if there has been a serious breach of the property law. Here I have presented 24 breaches and a void re-mortgage and the Circuit Judge has now deemed that I have no merit in my case, my case makes no sense.

    The FOS have deemed that the broker has not broken any financial laws and he was sent copies of some sensitive emails internal emails between adjudicators he should not have been sent. This whole system is so messed up by the self regulation put in place. The Judge has ruled that the broker is at fault for all the misrepresentations made at the time of the sale of the product. But how can he shoulder the blame for not being instructed correctly by the lenders pushing a product for them to broker?

    How can he be made responsible for the errors in the legal aspects that duty falls squarely on the lenders and their company solicitor. All the biased recommendations of the lenders defense attorney has been taken on board by the Circuit Judge who should not be influenced in any way.

    We live in a civilized society and jungle rules do not apply as Litigants in persons get brow bashed by the legal system put in place for the protection of society.
    Julie de Souza

    Reply

    • Sabine Kurjo McNeill
      Apr 26, 2012 @ 14:21:03

      Dear Julie

      I am truly sorry that you are experiencing what we by now all know about: the judiciary is guilty of criminal acts. They cover up what other public authorities are doing wrongly. Hence Caul Grant, with his Campaign for Truth and Justice is campaigning for two weeks outside the Royal Courts of Justice!

      But there is http://www.help4lips.co.uk and you are not alone! For your conscience it’s excellent that you’ve become such a starfighter!!!

      KEEP GOING!!!

      Just stop occasionally, to at least make paragraphs which I did for you so that readers don’t have to take it all in one breath… :)

      Reply

  6. Julie de Souza
    Apr 26, 2012 @ 17:05:40

    Thanks so much…lol…my head is mashed up! Would like to join the campaign with Caul Grant…please advice dates so I can arrange to be there…Julie de Souza

    Reply

  7. Julie de Souza
    May 07, 2012 @ 20:19:17

    My daughter has just given birth to my second grandson and it has been so hectic. I am so stressed out and still under shock of how the Judges have set me up to lose, am worried about court costs, and whether the appeals process will actually protect the ‘statute laws’ already passed from those who ‘willfully have not only breached them but have also breached the FSA Guidelines for Mortgage Lenders brought into being 2004′ as mortgage lenders are ‘bound to obey’ as they became regulated? If there has been willfully breach of these laws already in place then these financial companies, their company solicitors and their touts the brokers should not be protected by the law.

    As I continue to plod on with a burdensome illegal mortgage from inception put in place by the so called ‘professionals’, what amazes me that even the Court cannot get a simple order drafted correctly, as I read the recent order in utter disbelief at the errors made. Why should litigants in persons be duped by the erratic running of the Courts, with no data protection for the paperwork lodged, that is going to cost me in the region of £10,000/- in costs as I am blamed for not chasing the application I made correctly and promptly? Is this what is called Justice or a mockery of Justice. The Judges seem to do as they please with no reigns to reign them in.

    Complimenting a few Judges, and complaining to the OJC about the over aggressive behavior of two District Judges and has been a total waste of time as I have been firmly warned that a personal remark made by one Judge about me being accompanied by a Mc Kenzies friend to hold my hand, was a case management decision? I promptly withdrew my complaint as quickly as I placed it due to my stress levels already hitting the roof, as I could not handle the insult to my intelligence as I pointed out politely that I do know the difference between what a case management decision and a personal verbal assault to scare me away as they have finally ganged up against me refusing me a copy of the transcripts of the case and refusing me the rights to check my case bundles that I now believe has been sabotaged.

    I prepare myself for long haul fight to make an Appeal in High Court, which will no doubt dismiss my case again, and then the Appeals Court and if all else fails for the Human Rights Courts hoping there will be some relief there for poor souls like me who would like to see the law in action and not mere laws written to be will fully abused.

    It is unbelievable to bear the brunt of illegal eviction, no relief from questioning a void mortgage with 24 breaches, bad faith by lenders and the legal system supposed to protect victims of abuse.

    What rights do Mortgagors have in reality? There is no equality of arms in Court, the Court of law is not a neutral ground to litigate is so terrible in one of the world’s leading democracy. I believe in Democracy but this is Democracy going horribly wrong when one loses ones faith in the Judicial system of ones country what hope is really left? What hope will be left for a civilized society all baffled by the reality of what will become of society when the law seems corrupted and is not really for the people but the protectors of financial criminals? Since the recent highly controversial High Court ruling of HH Judge Waksman allowing reconstructed contracts and being told that he is closely associated with the bankers.

    Will this country have to rise up in Lawful rebellion to make these Judges realize that they are indeed the servants of the law and not the other way around and who really does have the power to bring these Judges on self elated ego trips down to Earth?

    Reply

    • Sabine Kurjo McNeill
      May 08, 2012 @ 08:21:56

      Dear Julie

      Apparently, Judge Waksman is well known as a bent judge, as one of our ‘ace advisors’ wrote. Do you have a one-page summary of your story? I’d send it to John Hemming MP asking what kind of evidence he needs to get Parliament to remove the judge.

      Reply

  8. Julie de Souza
    May 08, 2012 @ 20:14:16

    In 2009 I waged war on my lenders that included Lloyds Tsb Plc. With the Lloyds TSB it was for missold PPI for my credit card and another PPI fraudulently taken without my permission for my personal loan. My history with the bank was excellent I took many loans and repaid most of them back until the dreadful car accident that turned my life upside down. I was blacklisted and declared a financial delinquent on credit rating sites before I could even blink a lid even though I had bought PPI for all my loans, and life insurance policy to protect my mortgage. Mone of them honored the insurance paid for as one loophole was pulled out after the other. I reported some to the FOS that has been a total waste of my time and energy.

    I was upset that the bank to whom I was what could be called a perfect customer has turned its back on me when I was at my ,most vulnerable. They were the broker for both the faulty PPI’s one that would never protect me. It is interesting to know that they sued me for the credit card and succeeded in attaching it to my home, did not sue me for the personal loan as they had messed up and did not sue me for the overdraft and they went on to blacklist me instead. This unfair blacklisting is the main reason why I sued them to attempt to clear my credit history. I had applied for all credit card/ current account/ and personal loan statements and agreements under the data protection act and paid a fee. Not all disclosure was sent.

    A few weeks after I began the claim I received a call from the secretary of HH Judge Waksman who was interested to include my cases under the High Court specialist listed cases and I agreed.

    It was then I went to see this solicitor to see if these cases could be taken over. It was during the conversations I was told that I was wasting my time I would not get the Justice I was hoping to get as HH Judge Waksman had been a high level consultant barrister with 15 years experience working for the financial institutions etc. I refused to believe what was said to me, and I could not withdraw my cases at the time.

    There were two telephone conferences presided by HH Judge Waksman and despite knowing that they were already in contempt of his two orders one for release of broker and underwriter agreements and the second to mediate, their case should have been stricken out, on the second telephone conference it seemed to me that he was trying to make me settle for just the refund of the PPI and no compensation for the wrongful blacklisting and I did not agree.

    Four contempt’s of his orders by the Lloyds TSB the case was thrown back to the County Court without me being advised that it had. A few weeks later the controversial law came to be declared. This controversial twist of what are the most important documents in any given agreement between two parties will see a greater scale of identity fraud the importance of handwritten signatures.

    My cases were thrown out then re-instated as I was accused of not attending two cases which I proved were not true, I was not informed of the case dates as I believe these bundles too were messed around with as all my cases were linked as I was told by a Court clerk one day and I waited for new case dates from early 2010, and made applications twice for such dates both these applications have been dismissed. I believe that my case has been shelved for the benefit of the bank.

    The Lloyds TSb have not got in contact with since until I threatened to get the serious Fraud Squad involved as they refused to send me my bank account statements from 2004 -2005 when I had taken two re-mortgages. It is after I made these threats I was sent the copies I was horrified to see my bank statements as large amounts of money were logged incorrectly as I had cleared many loans taken from them and other lenders. £66,000/- has been logged as taken out in cash when most of this amount was used to clear loans there is no trail of what loans were paid of and to whom they were paid to.

    I have no alternatives now but to withdraw my case as I know I will be living in hope and dying in despair and even if they are heard I will not get the Justice I need as the Judges have ganged up against me in the case against my mortgage lenders that I have touched upon in my previous blogs above to punish me for getting one of them barred from presiding on my case.

    I cannot believe that I have been gagged and refused permission to appeal to get the Broker and the mortgage lenders company solicitors as the Court has used their powers in an illegal manner to corner me, accusing me of not chasing up an application made to Court. Why in heavens should anyone be penalized for not chasing up an application when it is the duty of the Court to promptly and properly process all court applications?

    To add cherry to the cake of dismissed applications made by me to get the case against the mortgage lenders moved to High Court and to be allowed to check my paperwork etc before, my case instead has been thrown out purely on the basis that I have not particularized my case. Which part of being a Litigant in person does the Court not understand?

    I believe that I have been penalized as I complained about the Judges overly aggressive, allowing the defendants to pervert the course of Justice, and having accepted the barring of the Judge who made the comment about Mc Kenzies friend there to hold my hand…is now going to cost me in court costs as once an application is refused for permission to appeal by a Circuit Judge there is no other avenue left to take it higher.

    Which part of lying to a Judge to get an Unless order dismissed that all disclosure had been sent by them when it has not and I have evidence of this is not an attempt to pervert the course of justice? Which part of them putting in their bundles contempt correspondence barred by the Court not actionable? Which part of gaining an eviction by perjury does the court not understand not taking into consideration that I was seriously ill and did not know the law? Which part of conflict of interest and 24 breaches did the Court not understand as I drafted my statements in plain English?

    Seeing my skills from these blogs does it seem too hard to understand by legal professional who feign not knowing the law over cases they are presiding over and passing one illegal order after another like generously distributing lollies.The Court has failed in its duty to me a Litigant in person and its duty to a mortgagor and I think its time for this country to stand up against this.

    I sometimes wonder what would happen if every single mortgagor in this country stopped paying their mortgages to teach the lenders and the Courts a lesson? My case will open a can of worms they want to keep tight shut. Forced to write these blogs I am just as disillusioned by what has become of this country like the millions who have been conned by the financial giants into illegal blacklisting and made into financial delinquents when we bought PPI’s to protect from this blacklisting.

    I appeal to all the Democratic law makers, the Judges and the Police who are responsible to maintain the integrity of the legal system please enough is enough, lets all tug back whatever is left of a country that heralds democracy and human rights to the world. With immense sadness I look back at what has transpired but I will not lose hope for the future. I will soon be knocking on the doors of the Human Rights in Europe if the laws in this country fail me and I sincerely hope that it does not.

    Reply

    • John O'Connell
      Jul 09, 2012 @ 15:32:42

      Hi Julie Just like to offer my support for your struggle and wish you the best of luck. Its fighting to see and hear what the legal so called profession get up to and get away with but then again when they get tired of conning us they then head into politics and claim to know how to run a country. I also am a lip and a small part of my case can be read on courts.ie judgement uploaded on June 13 O’connell v Building Allied Trade Union I hope that I can keep going with my case as you have continued with yours thank for airing your story and best of luck

      kind Regards

      John O’Connell

      Reply

      • Sabine Kurjo McNeill
        Jul 09, 2012 @ 18:26:55

        Thanks, John!

        In sympathy and empathy, with my best wishes for ‘onward and upward’!

        Reply

  9. John O'Connell
    Aug 03, 2012 @ 16:51:07

    Hi Sabine

    Just concluded an application for costs at the Supreme Court unfortunatley here in Ireland we do not have any legislation in place to allow a lip to claim costs unlike in the UK I believe is £8.75ph just recently increased to £18.00ph for work done on a case. Surprising enough I was given a order for the small amount that I did request it was a great relief which means I can finance the continuance of my case which is extremely close to the cases that have just been exposed in the UK in connection with blacklisting workers in the Construction Industry for the past 30yrs. You would have to ask the Question where and what were their trade Union representives doing all this time and why hadnt they taken action on behalf of their members sounds like the modern day trade unions are working in tandem with big business unfortunatly workers now have to rely on courts for there rights to be protected

    Reply

  10. John O'Connell
    Jan 04, 2013 @ 15:19:43

    I must attend the high court on the 25 january for mention , the Court Servics have been a great assitance and have been great helping me through the process

    Reply

    • Sabine Kurjo McNeill
      Jan 05, 2013 @ 13:40:24

      GREAT to read about a positive experience for a change!

      THANK YOU and BEST OF LUCK!!!

      Reply

  11. Gillian Smith
    Jan 12, 2013 @ 21:56:59

    Another legal situation where common sense does not seem to prevail. According to the law, it is claimed, landlord who have letting and management agents cannot expect the agent to enforce the tenants obligations against the tenant. Agents are supposed to be experts who are engaged precisely to do this. Tenant materially damages property-the landlord has to sue him for breach, not the agent. Could this really be correct? anyone had any other experiences??

    Reply

  12. Julie de Souza
    Mar 01, 2013 @ 16:38:47

    Adding to the above blogs:
    Due to illhealth and me recouperating after two operations in August last year and ongoing complications I was unable to update my previous blogs with regards to my recent case 2009-2012 against my mortgage lender that was dismissed in Court on the 23rd April 2012 unfairly two years after I was allowed to escalate my case to include Conflict of Interest by the lenderas having. The Judge has deemed my case has no merits. If this was the case it should have not taken them this long to dismiss the case knowing that the costs would escalate with greedy lawyers and Mortgage companies finding a golden egg!

    The Court failed to protect my rights to a fair hearing and audience and based on personal opinion alone the Judge found in favour of the Defendants. The Court failed to see that the lenders by instructing their company solicitors… who are ‘Designated’ company solicitors are given the duties to sign on the behalf of the lender amongst other legal duties. This had enabled them to sign the deed as an unnamed solicitor had done so in 2005 by proxy. The Mortgage Company had to be aware that the designated duties would also include their solicitor to protect their interest as ‘paramount’. The Mortgage Company was also being aware that their solicitors would go on to employ themselves to act in the conveyance and transfer of funds etc. The same solicitors were also instructed to act on my behalf by the lenders to conclude the mortgage in 2005 and then were instructed to evict me in 2006 or they had instructed themselves… as powers given to them, when I fell behind on the mortgage by a few months.

    I found it hard to digest a copy sent in 2009… the Mortgage Conditions 2004 E& Wales that calls itself a ‘booklet’. Shockingly there were no Terms and conditions contract drawn up to accompany the deed that has ALL THE TERMS signed by both the lender and the Borrower. This clause that the lenders can add any amounts paid to third parties at any time was never explained to me legally before or on the day I signed the deed or I would never have taken the Mortgage Company to court This important clause and the consequences of what help would be given at any time of arrears was never included as part of the Key Facts to make the borrower aware of exact charges and legal fees would be added.

    It is unbelievable that law allows a ‘booklet’ to have the same weight that a ‘contract’ should have in financial matters that involves a large amount of money and a person’s right of liberty to live in a home who has been suddenly caught up in an ‘after math’ of a car accident to be evicted and allows the lender to callously benefit from the misfortune of the homeowner, run into ‘short term’ arrears. The costs of this eviction case was also added to the principle sum and the court later forbade me to demand this back and also forbade me to rely on the Human Rights Act as the liberty of my family life along with my three kids was breached.

    Faciing the Defense Barrister greeted by the Circuit Court Judge as, ‘Hi Good morning…miss… it has been a long time…?’ Friendships…between Judges/ solicitors/ Barrister and lenders . Every single application made that would benefit my case was thrown out as having no ‘merit’.

    I complained to every organization, the Information commissioner’s office, and including the OJC to complain about the Judges behavior was a waste of my time. The Personal support unit also was aware of the loss of bundles and applications in court as they were lodged in their presence.
    As the due process of the Court went through its motions I was accused of wasting Courts time. I was not given the chance to prove what the Judge termed as ‘nonsense’. After the bundle sent to the Broker was returned I had tracked him via Face book and informed him of the case etc. At the time he did not have legal representation so I had no other choice but to inform him directly. He went on to report me to the Police for harassing him and I was taken aside by two Police Officers on the 23rd Jan 2012 and was warned not to make any contact with the broker. I politely told them I had no other choice. The ‘Harassment’ that warranted the waste of time of the two Officers who took the trouble to attend the court to serve me with a warning when I had made contact and left messages for the concerned Police Officer who could have easily come home to serve me with the notice. Unbelievable!

    The Mortgage lenders and their legal agents perverted the course of Justice condoned by the Judges despite me making the Judges aware. I was ignored mocked, humiliated and my rights to a liberty, fair hearing and audience have been denied. The Judges were rude, aggressive and totally unfair in their verbal treatment towards me I felt verbally attacked by two of the Judges to the point of great distress that brought on serious anxiety attacks on Court premises as I was ridiculed by the Judges who accused me of not knowing the law.

    My head was placed on the platter for the mortgage company and the legal agents of both the broker and the lender. I believe they were pushing me to lose my temper so they could charge me with disrespecting the Judge. The seriously flawed judgment based on ‘personal opinion’ took on the biased recommendations of the lenders Barristers who was party to perjury as I was further prevented from applying for my case to be transferred to the High Court.

    I am devastated that there was so much ‘collusion’ first by the broker, the lenders and their designated company solicitors, then by the Judges protecting themselves as I took them all on. Every LIP or a Lay person should be treated with dignity and respect and the court should be a neutral ground for litigation with equality of arms. I found myself in a den of hungry lions eager to rip me apart as the Judges who were there to prevent this stood, watched and mocked.

    I was set up to lose my case. I was told not to expect pity when all I was doing is answering a question and demanding to know why the Court had allowed them to benefit from evicting me and taking advantage of my illness, and I was told that I was not going to be allowed to benefit from this mortgage by a Judge when I informed the court that the mortgage itself was Void.

    Both the Conservatives and Labour each pass the buck to each other, are the two main Political Parties in power since the Second World War, are all implicitly involved as they have allowed the Banks and Mortgage lenders to rip this nation apart by removing all regulations that reigned them in. Home Owners or Mortgagors… DO NOT HAVE ANY RIGHTS AT ALL.

    This is contradictory to the Property Act of England and Wales 1925 as the Financial institutions hold this nation and Europe at ransom they should be treated as financial criminals and should be prevented from trading elsewhere in the world.

    The Court costs of 40,000/- has now been added to my mortgage by the lender without a court order and in addition to the 15,000/- that the lenders company solicitors and the broker is demanding. I have lost my faith in the Courts I am badly shaken. I was unable to make an appeal to the High Court in time as I believed it would be a waste of time and would add more costs. How could I make a request for my case to be heard in High Court when the Circuit Judge clearly stated in his judgment that he felt this case was not a High Court matter and my appeal would be thrown out, and further how could I make an appeal with regards to the excessive costs added to my mortgage when the Mortgage Conditions 2004 E & Wales allows this and the courts have not ordered these costs?

    I was informed by the Courts that they have not ordered the costs and the lenders are depending upon an agreement? There is no physical written financial contract with my signature other than the booklet mentioned on the deed.

    Even more shocking is that the Courts are now looking to allow conflict of interest…and have allowed the Mortgage Conditions 2004 England & Wales to be used as an ‘instrument’ that allows serious conflict of interest’ in favor of the lender since it was introduced in 2004. Every single loan and mortgage is borne out of conflict of interest as borrowers were sold dodgy PPI’s that would never protect them from the noose of the credit rating sites that has cost the homes and businesses of millions since the last 25 years. If this is not ‘conflict of interest’ the definition should be changed in the dictionary.

    I am not surprised that this country has been taken for a merry go round ride that has lasted for 25 years like I have been. It has cost this nation its ‘financial status’ and classified into history as ‘Broken Britain’ by the very Politicians and the legal system put in place by them. The citizens of this country now held to ransom by the same ‘financial criminals’ who threaten to take their business elsewhere, should suffer the same pain they have inflicted on the masses, be ‘charged’ as those petty criminals are charged and hounded abd not allowed to trade anywhere in the world. The country fraudulently has been milked and duped, and these Politicians too weak to rein them in, as the horse has bolted and the country have been brought to its financial knees. The banks declared losses to make sure that the tax payer does not benefit from their investment.

    They attempted to take my home when I was too ill to stand against them, they attempted to benefit from my illness, they set me up by perverting the course of Justice and won, and now they have added a large amount to my mortgage after trapping me in a preditory mortgage I can not get out off! What can I expect from the very people who have been condoned to trade by those in power? As Political parties come and go…one lives in hope that a once Great Nation will find its feet again! As I pick up the pieces to my life again I have no regrets that I did take them on.
    Julie de Souza 1st March 2013

    Reply

    • Sabine Kurjo McNeill
      Mar 01, 2013 @ 20:17:37

      Thank you sooo much for putting your story down here, Julie!

      And WELL DONE for keeping going against all the odds!!!

      One can only take a spiritual / philosophical stance in the end – it doesn’t help to moan, groan and complain: the others WON’T change. Especially not the bad guys, methinks!…

      So all we can do is get better, smarter, stronger spiritually! Let them NOT defeat our fighting spirits!!!

      Thank you again for sharing.

      May your model help others!

      Reply

  13. xty
    Mar 06, 2013 @ 16:56:33

    HI – thanks for a really helpful website. At the top you mention a technical paper about -Recovery of Costs in Non-Solicitor Cases.The link doesn’t work but is there any way I can access this paper? This is the area I’m really struggling with and this could be quite helpful.
    Thanks

    Reply

  14. Anonymous
    May 09, 2013 @ 01:01:36

    Today I have emailed Watchdog with hope that my case be investigated independently to protect the Democratic law from abuse and I await a reply.

    One year on as I am still finding it hard to pick up the pieces of my life both psychologically and physically as I try to come to terms with how the law has failed me and millions like me. I feel so betrayed by the Courts and let down by the present Government.

    A bill of £45,000/- for errors made by the so called professionals permitted to trade and my home in negative equity. A mortgage application form not released by the standard disclosure orders shows clear evidence that no repayment plan at all was agreed upon, not even the sale of the property after the term is over.

    i was set up to lose my case and this is why my bundles of evidence and application to get the company solicitor went missing in court to make the Judges believe that I was a nuisance not following court procedure.

    I believe that the Judges were duped by the fact that I was a Litigant in person and did not believe the truth and if they had taken time to look at my evidence and the disclosure a different decision would have been reached.

    Two wrongs do not make a right just as Judges and Prime Ministers come and go and each put a new noose to the future of this country failing to protect the Human Rights that should begin in ones home and under ones home as no Mortgagor is giving charity to the lender over a long period of one and half decades of ones life.

    A drastic look at the Mortgage Conditions 2004 E&W that condones conflict of interest in favor of the lenders has to be changed to provide equality of rights.
    It is wrong for clauses such as allowing the lenders to add any amounts to the mortgage they have incurred as they have done with me for serious failings made by them that forced me to Court, and the heavy reliance of Judges feigning knowing the law allowed the lenders to pervert the course of justice after failing to look at the evidence not released by the lenders by the various court orders and the protection given for standard disclosure under the Freedom of Information Act on payment of a fee.

    The recommendations for a new type of mortgage is drastically needed to bring the heart back into the heart of the Mortgage arena where too much is lost in families break ups as no one invests in a home to lose it down the line due to the failings in the Insurance industry, lenders and Insurance companies approving wrong insurance policies because their agents are not properly trained. There should be no room for errors when dealing with advise, the product, the sale and the completion of mortgages free from conflict of Interest as the solicitors in Scotland have the balls to push forward the changes to allow independent representation as conflict of interest does occur as it did in my case.

    The Judges who do not understand the law should not be allowed to Judge cases, that forces them to rely on biased recommendations of the Defense Attorneys who aids and abets with perverting the course of justice with sole intentions to win is a slap in the face of what good faith placed on them by the very Judges.

    A very interesting article written about the urgent changes to Mortgage Law and selling of mortgage product…brilliantly written and very educational…A mus read…

    http://sas-space.sas.ac.uk/3422/1/McAuslan,_Patrick_-The_Reform_of_Mortgage_Law3.pdf.

    It had been the toughest experience far tougher than the violent drug fueled abusive marriage that I had to endure for 14 years… when faced with the law, the legal system and Governments of a country that fails its good citizens.

    This is not the end of my fight…God give me strength. Julie de Souza.

    Reply

  15. chairmanoftheblogsJames
    Nov 08, 2013 @ 18:50:15

    @Julie De Souza. Please get in touch with Mr. Gerry Coulter who will be very interested in your story for his website here http://www.ministryofjustice.info/

    Reply

  16. victimsofthestatehypocrites
    Apr 07, 2014 @ 16:18:09

    Add another trick to add to the crimes on their sleeves?

    I got this e-mail since posting here last month (we have an ongoing LiP case); but whoever sent this e-mail somehow got hold of a particular e-mail address of ours, which is for particular purposes, and used that, but which I have not given here (especially [I know their tricks]).
    Only someone who knows my case could have done that. And that possibly means a public officials goon.

    They sent out an e-mail with the following list….and a 3.6Kb file to download (I advise nobody open it if you are in the following list on the same e-mail to me.
    NOTE;
    It is not possible to reply to the e-mail; and if you do it come back as not existing. The link takes you to an advertising site; but then a Download Zip file appears….
    These names/e-mail addresses were in the email from “m_artinos@yahoo.co.uk” on my list….
    It may be someone pretending to be MARTIN HOSSACK (whoever he is [someone to do with civil cases against public officials DWP??])….

    NOTE;- (warn them??)
    casi lscrivens (casi_lscrivens@yahoo.co.uk); Catherine Mills (truthandjustice27@googlemail.com); carmel fenning (carmel.fenning@ed.lancscc.gov.uk); carmen dowd (carmen.dowd@cps.gsi.gov.uk); carmarthen (carmarthen@nfumutual.co.uk); buckinghamshire (buckinghamshire@bbc.co.uk); carl Niba (carlniba@ymail.com); casiweb (casiweb@aol.com); (Me!!!!!!.victimssofhtestatehypocritesCHANGED NAME@hotmail.co.uk); builthwells (builthwells@nfumutual.co.uk); Carla Kellers (ckellers41@yahoo.co.uk)

    If you are on that list; and you get an e-mail from MARTIN HOSSACK (real name?)
    Initially all that is in the e-mail is this;-

    “http://vacacionesfamilia.es/rsimc/dmvka.ffm”

    But when you click that link, its an advertising site (to appeal neutral), and if you reply asking who they are, you get a dead end and a Zip file appear WHICH COULD BE A UK subversive officials virus to get into your account.

    Anyway;
    I didn`t know what to do with it.

    Reply

  17. victimsofthestatehypocrites
    Apr 07, 2014 @ 16:29:12

    I looked him up; and its something to do with watching out for common purpose?
    It may not be a virus; but why sent people just this link and no reason/s?
    ;-
    “http://vacacionesfamilia.es/rsimc/dmvka.ffm”

    Anyway, I apologize if I alarmed anyone.

    Reply

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