Please advise - it's all gone SO wrong

lisawaters

miggy wrote: »

Night Mike and all... thinking of you

Thanks Migs,

And everyone.

x

lisawaters

I've spoken to everybody I can think of to get opinions on whether I can apply for the force of sale order against Rob the builder, and I'm going for it. I am waiting for a response to my letter I sent the District Judge just in case there's anything worth knowing. Apart from that, why wait?

In the interest of completeness, this is the wording on the application. May God have mercy on his soul... (places square of black material on head and presses CTRL+V)


I ask the court to order that the defendant, MR PAUL *****, against whom I have a Final Charging Order should vacate his property within 28 days so that it can be sold, and the proceeds used to repay the mortgage lender and myself as the two creditors with a registered interest in it.

I apply because: a) he and his wife have had enjoyment of the sum owed for 18 months and there has been no attempt to repay me, b) the amount owed is significant at £22,050 plus interest, c) I am suffering financial hardship and illness caused by this matter, d) his actions and broken promises have caused me and my family stress and hardship and expense, and e) the Debtor has made no effort to repay the stolen money.

MR PAUL ***** (the debtor) demanded money from me between February and July 2008 allegedly to purchase material required for the renovation of my house for which I had employed him. After some weeks he deserted the job although it was unfinished, saying that he would lose money on it and was going to other jobs. I asked him to refund the balance of what I had paid him. He said he would but has repeatedly failed to do so and seems unlikely to do so unless ordered.

I obtained a County Court Judgement against him for £22,050 and he was given the opportunity by the court to pay by installments. He did not even apply for this facility. I then obtained an Interim charging order against his house. He did not contest this. I was granted a Final charging order on January 5, 2010.

He left the site in the summer of 2008 having removed part of the roof and part of the rear wall, despite knowing I had to move in as I had no other accommodation. He also removed the staircase despite charging me for a new one, and left rubbish and what appears to be asbestos in the back garden. I borrowed money which I still owe to have the roof replaced and a boiler installed, and have wiring installed, which cannot yet be connected to the main electricity supply fitted.

I have been signed off by my GP since May 2008 due to the depression and stress of my poor living conditions and of attempting to recover this money.

The property is barely habitable and virtually unsaleable because of the condition in which it was left by Mr. ******. I faced repossession until the DWP agreed to help with the mortgage interest. The cost of completing the work has been estimated at £25,000. Mr ****** has said under oath that in the last financial year he earned more than £100,000 and his wife contributes £400 a month to the household.

The house is jointly owned by MRS HELEN ****** who has benefited from the income provided by her husband's business. The first few payments I gave Mr. ****** were paid into into her personal bank account in February and March 2008 on his instruction, proving her involvement in this deception.




1. Taken from the Civil Court Practice (Green Book): "Although the position of the judgement creditor is not paramount, the fact that the refusal of an order for sale will leave the judgment creditor without payment and without compensation for being deprived of payment is an important factor for the court's consideration and will necessarily tend towards the court ordering a sale".

2. Authority for the principle that the interests of the judgement
creditor will, sooner or later, prevail: Harman v Glencross [1986] Fam.
81; Austin-Fell v Austin-Fell [1990] Fam. 172.



I shall now go back under the duvet until I hear the rattle of the postbox in a few weeks' time.

miggy

Out from under that duvet, Mike, unless the weather in your area is a darn sight worse than it is here (sunshine!!! And a sweltering 6C! I had heard tell of it and now it appears it's real - wonders never cease).
You need to be training for this fight so do some warm-ups then let's have you jogging round the block etc.
HUP two three four, HUP two three four, get those muscles working there!
:T Go Mike! :T

Happytogetdebtfree

Good luck mike sounds like a plan at work just now so will catch up later x

ANY_CHANCE

lisawaters wrote: »

I've been trying to think what this situation reminds me of... it's like someone grabs your wallet and runs away smack into the arms of a copper. The copper pats him on the head and says 'mind how you go!' and the mugger stands there waving your wallet in your face and taunting you.

You take him to court and they tell him to give it back, if he wouldn't mind? Or maybe he'd be willing to give it back a fiver at a time if that's easier for him (well times are hard).

He's sitting in court with your wallet on the table in front of him. and if you decide to grab it, you're the one who's committed a crime.

Hi Mike just half way reading through your thread
The above reminds me of the sale of single premium insurance.

ANY_CHANCE

Just finished reading it all,
I hope you get your money back
wishing you good luck and happiness x

lisawaters

miggy wrote: »

Out from under that duvet, Mike, unless the weather in your area is a darn sight worse than it is here (sunshine!!! And a sweltering 6C! I had heard tell of it and now it appears it's real - wonders never cease).
You need to be training for this fight so do some warm-ups then let's have you jogging round the block etc.
HUP two three four, HUP two three four, get those muscles working there!
:T Go Mike! :T

Oooh you're so dominant!

Some good news for a change (I think) - the BBC will be here Wednesday morning to film a piece for a well known current affairs and consumer show...

(What to wear? WHAT to wear?)

Don't worry, I shall still talk to you. Occasionally.

I hope they will also be naming and shaming the little sh it.

x

lisawaters

ANY_CHANCE wrote: »

Hi Mike just half way reading through your thread
The above reminds me of the sale of single premium insurance.

Yes, it does!

x

lisawaters

ANY_CHANCE wrote: »

Just finished reading it all,
I hope you get your money back
wishing you good luck and happiness x

Thank you. Maybe it will stop him and those of his ilk doing this to peeps.

x

lisawaters

Happytogetdebtfree wrote: »

Good luck mike sounds like a plan at work just now so will catch up later x

It's the best I can think of and covers most of the bases.

Thanks!

x