Charging Order? The myth

DAKOTA45

eggbox wrote: »

Hi Dakota it does sound promising so good luck!


But its now crucial to use the time between now and then to get all your evidence together to confirm the facts of what happened. It won't be enough to just say what he did you have to prove the evidence of what he did to cause the collapse of the sale.

Thanks, EggBox…

Yes, plenty of evidence…lots of messages from the buyer, all the details from the conyeyancing solicitors proving that the sale was about the go through and the email from the estate agent detailing exactly what our buyers told him with regard as to why they pulled out… it just needs a sensible Judge to realise that the creditor's actions effectively left me with no way of paying his costs.
Just read the court's email again… they have marked it "without prejudice"… presumably because they have cocked up yet again in not forwarding this order when it was made, back in January… if there had been time limits I would have been in trouble… as it is I have lost 2 months… if I hadn't contacted them, then when were they going to tell me the date of the hearing? They've send nothing by post to notify me.:(

D45

eggbox

Hi Dakota,


It does sound like the Court is handling your application very badly? It may be worth a letter to the MOJ if it gets any worse?


And I would make sure the evidence you have is verified by witness statements (from the people concerned) when you go to Court as just turning up with print outs can leave room for doubt that they aren't genuine?


In this day and age of high quality home pc/printers, Courts have wised up to the fact its very easy to forge evidence? So you need to eliminate any doubt on the day by adding these Witness Statements to you evidence bundle sent before the hearing.

DAKOTA45

Yep… But you gotta laugh when the court sends you notification of its !!!! ups, headed "without prejudice".. Haha! (I suppose I can't rely on the court's admission of late service when I complain to MOJ, then)?

I have already initiated a complaint to the court which (surprise, surprise) they haven't responded to.

I will go to MOJ after the hearing, as I am sure there will be further crap to deal with by then...

As for Witness Statements, these would be disregarded by the court unless the witnesses actually appear. The buyers have more or less said they don't want to be involved… I may be able to track down the estate agent who took their call on the morning they pulled out… He gave a very precise statement of the facts, whereby the creditor threatened them with legal action if they purchased our house because there was a 'leaking' septic tank which had damaged his property- (all lies), so this would be my best bet.

The Creditor failed to counter defend in relation to this interference at the hearing for the final CO, relying instead on having my claim dismissed due wrongful information from the court that I had failed to pay the fee.

You couldn't make it up….

Well… we shall soon see. He has been asked to provide a skeleton argument 14 days before the hearing.

But he KNOWS he is guilty… looking forward to seeing what lies he provides by way of a defence!

D45

DAKOTA45

Hmmm… The Judge seems to have added Slander of Title of his own accord… I was only claiming for unlawful interference with contract… I'm thinking it refers to the creditor's lies when he told our buyers that our septic tank was leaking and causing damage to his property…
D45

Edit: I found some information online which appears to confirm that the creditor's false allegations about my property to a 3rd party amounts to Slander of Title, and that I would be entitled to compensation for the resulting collapse of the sale of same.
Looking forward to his explanation to the court.

DAKOTA45

Edit facility disappeared for a bit but has returned again...D45

chkymonky

desperately looking for solicitor who deals with such cases.

Most of them I spoke are numpty

DAKOTA45

chkymonky wrote: »

desperately looking for solicitor who deals with such cases.

Most of them I spoke are numpty

Let me know if you find one.. D45

harisumo

We are going to have to sell up next year, that's the part that worries me, these solicitors are like a closed shop, I can't seem to find a decent one either!

Tooms

There are loads of good solicitors.

However I may be biased, as I am a solicitor

DAKOTA45

Tooms wrote: »

There are loads of good solicitors.

However I may be biased, as I am a solicitor

I wonder if perhaps you might have an idea why most solicitors don't seem to know what they are doing when it comes to Standard form K restrictions?… D45