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Our day in Court!!
Blob
Posts: 1,011 Forumite
The day in Court finally dawned, and off we went to see what the judge would have to say about all of this! All the legal people were telling us that it was very unlikely that we would get what we were asking for and that we would loose the house!
The problem is that no one that has not been to Court with these clowns understands just how stupid they really are! I am sure that there must be one somewhere that understands that you can't tell a judge in his own Court what he can or can't do! I don't think I will ever find out now, but I have never met one!:rotfl:
They tried everything to get their way, from trying to say that the paper trail was made up, saying that my solicitor was guilty of professional misconduct and that I should take action against them. The best was to tell the Judge that he had not sent out a letter that he had, and that because I had followed his advice that he had given me in Court was the wrong advice, always a good move. They even tried to say that the notes that they had taken at a meeting attended by my MP were false and that they did not know about the parallel action that my partner was taking till much later. The guy that made the notes was sat by the Barrister and kept very quirt at this stage as he had mentioned this in his notes that were taken at a meeting in April!:T
So after all of this as well as us proving that the house valuations were totally wrong, the Judge made his own mind up and then made his first judgment. They can't touch the money that my partner put in to the home we share and that all of the documents were to be amended to say that in the event the house is sold then after the mortgage is paid then she is, then she will also get 50% of any equity left, which is only right. The CSA has also to pay all of the cost in this case! :T
With this in place the CSA wanted to try to make a deal and came up with a totally ridicules offer, that could not be met at all. The Judge had also given them an idea of what he though was a good deal and what they said was not even close to his direction. The '2 years' is now therefor dead and buried as they then had to accept that it was not going to happen in that time frame. We went back in and they asked for it to be paid by direct debit and that they did not like the agreement but had to accept it, given the position that they now found themselves in!
The long and the short of it is that the arrears will now be paid until 2017, no interest will be added and they can't start any further action against me! In the event that they had talked in the first place then they would have been paid off by 2015, but the Judge did have the last word!
There is justice and 'God' loved the Royal Marines:A yesterday! You just have to fight these bas***ds into the ground and be sure of your fact and law, and the Courts will support you!:beer:
The problem is that no one that has not been to Court with these clowns understands just how stupid they really are! I am sure that there must be one somewhere that understands that you can't tell a judge in his own Court what he can or can't do! I don't think I will ever find out now, but I have never met one!:rotfl:
They tried everything to get their way, from trying to say that the paper trail was made up, saying that my solicitor was guilty of professional misconduct and that I should take action against them. The best was to tell the Judge that he had not sent out a letter that he had, and that because I had followed his advice that he had given me in Court was the wrong advice, always a good move. They even tried to say that the notes that they had taken at a meeting attended by my MP were false and that they did not know about the parallel action that my partner was taking till much later. The guy that made the notes was sat by the Barrister and kept very quirt at this stage as he had mentioned this in his notes that were taken at a meeting in April!:T
So after all of this as well as us proving that the house valuations were totally wrong, the Judge made his own mind up and then made his first judgment. They can't touch the money that my partner put in to the home we share and that all of the documents were to be amended to say that in the event the house is sold then after the mortgage is paid then she is, then she will also get 50% of any equity left, which is only right. The CSA has also to pay all of the cost in this case! :T
With this in place the CSA wanted to try to make a deal and came up with a totally ridicules offer, that could not be met at all. The Judge had also given them an idea of what he though was a good deal and what they said was not even close to his direction. The '2 years' is now therefor dead and buried as they then had to accept that it was not going to happen in that time frame. We went back in and they asked for it to be paid by direct debit and that they did not like the agreement but had to accept it, given the position that they now found themselves in!
The long and the short of it is that the arrears will now be paid until 2017, no interest will be added and they can't start any further action against me! In the event that they had talked in the first place then they would have been paid off by 2015, but the Judge did have the last word!
There is justice and 'God' loved the Royal Marines:A yesterday! You just have to fight these bas***ds into the ground and be sure of your fact and law, and the Courts will support you!:beer:
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Comments
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Really glad you had a fair and reasonable outcome with the arrears.
Big weight off your shoulders I'm sure."Life is what you make of it, whoever got anywhere without some passion and ambition?0 -
Well done Blob
Hopefully mrs Blob is happier0 -
Looking forward to my day in court
and the Judge wipes the floor with the NRP, and "god" won't be lovin' the jumped up squaddie. *SIGH*0 -
Really chuffed for you Blob
Free/impartial debt advice: Consumer Credit Counselling Service (CCCS) | National Debtline | Find your local CAB0 -
To top it all, the solicitors that acted for these people now want to over ride the Order that was made, wont the Law Society just love that, as for the Judge when he finds, the small eruption in Iceland will be a minor side show!!
PS to the OP, they asked for the DD but the Judge told them not a chance as they could alter this at a later date and he was not going to make that Order, it was a Standing Order or nothing! They were not happy when they left!0 -
Hi DX2
Don't know the case history, but if he has not paid then go for him. If like me he has been told not to pay by a Judge, then that is a different matter. Just be careful that you know all the facts,that is what I did and had all the evidence to back it up. Without it you will be made to look a fool, and I don't countenance that at all.0 -
Well done Blob.......................it's been a long time coming.
At least your home is safe they cannot force sale which must have been a huge worry, also great that Mrs Blob gets to keep her initial deposit plus her rightful 50%, just as it should be.
You have found same as we did, that the Judges are the reasonable ones, not the CSA....Our Judge also refused to grant a full charge on our home as CSA staff attending County Court hadn't realised that a Tribunal we were also meant to attend had been postponed as CSA hadn't submitted their paperwork............So, no full charge as the County Court decision was meant to be made on the back of the Tribunal decision - did we or did we not owe 34k????
As it turned out - NO - we didn't owe the 34k at all 0 -
The problem now is that my ever loving ex has turned on the children, what a nice person! She told both of them that for their 18th birthdays that they could have a holiday of their choice! Nice if you have the money! Daughter had her trip to New York, and son wants to go t Africa on safari! He is now as he has just told being pressured in to not having that holiday and have something in this country! Fair or what!
He also told me that his step father has been in a mood and is away at this time, my son is very happy that he is both not there and unhappy!
She is now taking money off both of them and wants all the money that she helped our daughter with in her first year at uni.
For all the PWCs out there that think that the kids wont have the last word in situations and the problems that the CSA cause and then use the kids as a weapon, be warned, as my 2 have now had their mother and are starting to cut her out of their lives. They will now as they are old enough have the last word and it sounds like, 'Good Bye, and thanks for nothing'!0 -
I have a crackin ace up my sleeve for the dayHi DX2
Don't know the case history, but if he has not paid then go for him. If like me he has been told not to pay by a Judge, then that is a different matter. Just be careful that you know all the facts,that is what I did and had all the evidence to back it up. Without it you will be made to look a fool, and I don't countenance that at all.
*SIGH*0 -
Does that not need to be produced before the hearing DX2 ?0
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