Charging Order? The myth

DAKOTA45

eggbox wrote: »

Hi Dakota

I wouldn't take the silent treatment from the Court personally, it happens all the time and usually reflects the calibre of people employed in the Court rather than the Court process itself?

But here is a quick guide to the reasons a strike out will occur.

As you will read, a strike out is seen as a last resort so as long as you can demonstrate you have a case there is no way it should occur.

Many thanks for the link, Eggbox.

They are saying that this claim follows on from previous litigation and that it was struck out because I'd failed to ask the court's permission to counterclaim… whatever, I think it would be outrageous to strike out a claim which was struck out for those reasons and has not been properly adjudicated upon… the Judge at the hearing told me I should make a separate claim, it being struck out for a procedural error and not because it has no merit.

They haven't asked for summary judgement, so that's helpful, but they have asked that the claim be stayed until I pay the £30k I owe to the defendant from the previous litigation.

I don't know if you would be interested in seeing the defence document in it's entirety…? They say I am a vexatious litigant and must be restrained from pursuing any further litigation.

His defence is a bare denial that he threatened the purchaser, but I emailed them recently and they have told me that he was extremely aggressive when they met up, and also confirmed that everything they told the estate agent, re him threatening to pursue them for damage caused to his land by my septic tank was true. I have once more asked them to put this in writing, so that I can take it to court, if I have the opportunity of bringing my case, that is.

How on Earth do I make the court keep me up to date, though? I had so much of this from them with the previous case, and it was directly their fault that I lost the chance to bring my counterclaim, when they didt provide any directions following my application, instead, I found out from the other side that the court had refused my counterclaim, saying I'd not paid a court fee, which wasn't true, but to late to defend.:mad:
This court is ignoring important emails, taking up to 2 weeks to reply… I don't use the phone as I can't hear very well and get confused.

D45

eggbox

Hi Dakota

Your neighbour's defence document will all be about trying to diminish your actions as unjustified and vindictive. It will be trying everything to get your claim struck out at the first hurdle by whatever means possible.

But whatever their defence, you have evidence to confirm the claim you are making. So its crucial you get further verification of your evidence from the prospective purchaser and the estate agent to concrete your position of making the claim.

And your counter to the stayed claim attempt is simply that your neighbours action has prevented you from being able to pay him the £30k due, by selling your home, as his actions prevented the sale?

Court's can be slow (and unhelpful) and I understand its difficult for you to telephone the Court; so you may get better help by turning up at the Court office if you are able to manage a trip over there?

DAKOTA45

Ha! It's being held at the High Court in London… I am in North Essex… I can hardly 'pop' over there…

But yes, it is exactly that… He knew full well, because i mentioned it at the trial, that I had no savings or assets at all and would need to sell my home to pay the costs.

Knowing this, he effectively prevented me from settling the debt.

His actual 'Defence', leaving out all the stuff from the previous litigation, where they are obviously trying to make me out to be an idiot, is pretty feeble; (It's in a PDF format at the mo & I don't know how to attach it here)…but it really is the most basic, bare denial of any guilt.

I came across this re reluctant Witnesses;

Where a witness does not co-operate in giving a witness statement
If a witness whom a party wishes to call does not co-operate with solicitors in producing a signed witness statement or affidavit, the solicitors should explain the problem at a by order hearing and produce the correspondence to vouch the request and the witness’s non-co-operation.

Not really sure at this stage if I should mention to the court that my witnesses have failed to sign a statement…

I guess the next thing will be a Directions Questionnaire… I may need some help in filling it in, though… Gaahh!!

So very grateful for you help, Eggbox… I have such trouble understanding the legal procedures… I think most reasonably intelligent people have the same problem… as per this quote;

'We are guiding litigants in person through a court system that is historically designed for professional interpretation and which is predicated on litigants having professional representation. 'This system is not designed for the mass volumes of litigants in person'.

Keep Calm & Carry On, then…

D45

eggbox

Sorry Dakota I thought you were dealing with your local Court I just thought the hearing was in the High Court? (and I have sent a PM regarding the Defence Document)

All I can say is, however, you achieve it; you need to get some sort of verification from the witnesses that the emails and texts you have are genuine and that they were, effectively, scared off from making the purchase by your neighbour.

DAKOTA45

Yep! I am trying to get disclosure from the police who I believe took a statement from the estate agent… they want a fee for basic disclosure, but they have said I might be able to get the court to enforce it…I don't trust the PC who was involved as i believe she is a friend of the defendant… I really want a witness statement from her, rather than forcing her to court and her denying everything… she has told me she didn't interview the defendant to get his side of the story… which kind of beggars belief, really.
Thanks for everything… it really means a lot. I had a lovely person, a para legal, who was helping me free of charge, but he is unwell and cannot continue… I miss him so much.

D45

Baggies16

I have tried 9 Solicitors now and all state that form K restriction needs to be removed before sale.

eggbox

Hopefully, Sparkly will be along shortly to confirm her sale then we can get a Solicitor who understands different on the case?

Baggies16

Thanks eggbox, its a worry that so many don't understand how a form K works...

eggbox

It is, especially as they are being paid to represent the person who's money they want to hand over?

Parisian

I wish I had read this thread 5 years ago!