Yes I did appeal and took a friend with me to the hearing and she thought I had put a cogent argument to the Court. But because I was late and did not focus enough on the reasons for my late appeal (It was the 19.11.2008, I had been made homeless at the end of October, I was due to go into hospital for major surgery (hip replacement) on the 25.11.2008 when I would lose my temporary accommodation with another friend, and I could not control my post (which was going to my ex-husband and that woman), I was not in control of my life and was emotionally very distraught whilst physically impaired as well (I was operated on the second hip in 2009 and I was in very serious pain).
Being homeless, I did not have access to my papers or a computer and I had been financially exhausted (deliberately) by my ex-husband, so I was virtually penniless. Worse was to come when my Pension Credit was stopped in December 2008 which meant I was no longer entitled to Legal Aid.
By the way the charge on my flat is not from a legal aid solicitor.
I lost the appeal.
What I am concerned about is that my house was sold by two people (ex-husband and DJ) who had not paid £1.00 between them to buy it when I had struggled for 34 years to put a roof over the heads of my husband and children, to the detriment of my own health and interests.
I hope you can help me
Could the same DJ sign the Court order saying that the house had to be sold (on the basis of false statements and fabricated evidence) and then sign the order for my eviction and then sign on my behalf for the sale?
When I wrote to the Court Manager/the District Judge and asked what piece of legislation authorised the DJ to sign on my behalf as a (= any) DJ, I did not get any reply on that point.
I think it is totally wrong that the same DJ could have acted on my behalf.
Is the only solution to get back at the solicitors on the basis of their professional liability insurance?
I am sorry but in para. 12 of TR1 next to the signature of the District Judge, it says:
Signed as a Deed by
a District Judge on
behalf of JOSETTE ATACK (= me)
in the presence of :
When I kept disagreeing with the sale I thought that a Duty Solicitor or another District Judge or some other independent person would be asked to convince me or to finally overrule me.
My mental faculties are not such that the DJ had to sign 'on my behalf'.
I think I was entitled to a fair trial and I don't think my human rights were respected. I think there was collusion between the solicitors and the DJ so that I would be deprived of representation and the DJ did not allow me more time to arrange for legal representation. They even mentioned in court my hospital admission date to make sure that it was taken into account in their plans. (The court transcript had been heavily redacted by the time I got it). As for signing 'on my behalf' or 'instead of me' being all the same it is not. On my behalf means acting for me, in my interest. This she could not do and she knew it. She did sign instead of me so that there would be two signatures on the TR1 but I don't think that as a District Judge she was entitled to take all the roles of judge jury and executioner.
When I wrote and asked which piece of legislation she was using to cover herself, there was no reply. She had also included in the order that she was the sole judge I could go to for any further application in relation to it, which I think means 'fettering the courts'.