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MKDP / MKDR lose in court - certificate of 'unreasonable conduct' granted by judge

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fermi
fermi Posts: 40,542 Forumite
Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
edited 14 February 2015 at 2:06PM in Debt-free wannabe
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  • jadex
    jadex Posts: 797 Forumite
    Part of the Furniture 500 Posts Photogenic Name Dropper
    that's good news
    in fact, VERY good news :)
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Just got to find out exactly what good (or bad) or significance a certificate of 'unreasonable conduct' has. :think:
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    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • pt2537
    pt2537 Posts: 120 Forumite
    Part of the Furniture Combo Breaker
    fermi wrote: »
    Just got to find out exactly what good (or bad) or significance a certificate of 'unreasonable conduct' has. :think:
    Well, its a stepping stone for an injunction , thats the plan in any event. It also assists with a complaint to the FCA.


    If the Court views a litigant as vexatious then the court can restrain them from issuing more proceedings.

    hope this helps
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Thanks. That does. :)
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    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    pt2537 wrote: »
    Well, its a stepping stone for an injunction , thats the plan in any event. It also assists with a complaint to the FCA.


    If the Court views a litigant as vexatious then the court can restrain them from issuing more proceedings.

    hope this helps

    So would that require more cases where you got the same sort of order, or could be based on just this and other evidence?

    And would that be the judge a trial making that determination, or would you have to make an application to the court separate from any other proceedings to get that done?

    Just curious, as you hear of these things can happen in theory, but rarely are the mechanics of how you get it to actually come about explained.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • pt2537
    pt2537 Posts: 120 Forumite
    Part of the Furniture Combo Breaker
    fermi wrote: »
    So would that require more cases where you got the same sort of order, or could be based on just this and other evidence?

    And would that be the judge a trial making that determination, or would you have to make an application to the court separate from any other proceedings to get that done?

    Just curious, as you hear of these things can happen in theory, but rarely are the mechanics of how you get it to actually come about explained.
    If you wait til April ish youll find out :) as ive got a fast track case before a Circuit judge that may well be subject to an application :)
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Oh good. :)
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Sits and waits..

    It's now 'April (ish)' ;)
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • pt2537
    pt2537 Posts: 120 Forumite
    Part of the Furniture Combo Breaker
    fermi wrote: »
    Sits and waits..

    It's now 'April (ish)' ;)
    14th :) not much longer to wait
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Obviously not. :)

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    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
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