Urgent help need, please help direct to Amethyst

[Victoria19]

I want/need to appeal against part of a county court judgement. (ORDER ATTACHED )
I want to appeal against £9,800 included in 1. This is an amount made by the claimant which did not take any amounts into consideration for household/living expences of the deceased. The judge had been told it had but but not deducted for the income for the said period.
Also I wish to appeal against the amount of claimants costs, 4. The claimant was representing self and at an earlier hearing the DJ had advised could only claim court fees.
however the claimant had put into court a break down of cost and had not provided me with a copy prior trial. The DJ allowed me 10 minutes to view these as not had a copy and I did raise concerns regarding addition costs but unable to respond within the time allowed.
What appeals form is approparate to complete if any ?
What is 6. What does it mean ?
any help, suggestions would be appreciated.....
I really need to get this amount lowered to a more manageable amount to fully resolve, been living a nightmare for 3 years now

[Victoria19]

Copy of order

[Amethyst]

Hiya xxx

I'll have look see if I can see the background of this and tag in Peridot as this is regarding a probate claim I believe... she may not be in for a couple of days though. Having a quick look think the threads need merging as it's a bit disjointed.

You will need to get a transcript if you're going to appeal so I'd get on to that straight away with the court.

[Victoria19]

[Amethyst]

Is this the original issue? ( just checking I'm reading the right bits )

An arrangement made with my parents to have £10,000 per year from the value of their property to support them to be able to stay in there own home due to their ill health. A hand written letter was sighed to that effect, I supported them for 5 years not returning to full-time work. My siblings are now wanting monies returning to the estate as beneficiaries, hence the county court hearing.

[Victoria19]

Yep, that's we're we were earlier

[Amethyst]

Okay, I'll just put the background on this thread. To have any idea whether you can appeal you're going to need to post some information up, though I think, looking at what background I can see, you'd be better getting yourself to a solicitors experienced in these kind of disputes to take a look and tell you what your options are as there is a huge risk of further costs being added if you appeal without there being a very good reason.

They'll need;

1) The written agreement between yourself and your parents
2) The Claim
3) The Defence
4) Both parties Witness Statements
5) The Transcript of the hearing/judgment

Some posts made previously that have some questions in which weren't answered that would help.

https://legalbeagles.info/forums/for...estions-needed

Hi Victoria19,

I'm sorry to hear about your parents and the subsequent problems.

So to clarify, you lived with your parents and provided care for them which was an arrangement you agreed with them rather than going into full time work?
What was the 'care and support' you were providing them include.

The actual wording of the agreement made in 2011 is relevant. Who prepared it? Did your parents have capacity at the time it was made. Can you provide a bit more information on this please. What was the arrangement they were suggesting. Is the document dated and signed by both of them? If you have any further information about advice that was sought at the time of the agreement etc.

Can you explain why the mortgage was entered into last year and not at the time of the agreement? Did you receive any monies prior to the mortgage being taken out?

Have your siblings made a claim against the estate or is this something that has just been discussed between you all so far? Promissory estoppel can be difficult to prove and you may need some specialist help with this if it appears you may have a claim. Hopefully we'll be able to point you in the right direction.

and


https://legalbeagles.info/forums/for...ental-capacity

Hi Victoria19,

Really tough for you.
Legal capacity can be moveable, so to speak and is only relevant to the moment decisions are taken so even with a diagnosis of Alzheimer’s for example that doesn’t necessarily mean the person does not have lucid times when they are perfectly capable of making their own decisions.
You don’t need to go into detail but things such as when the Will was made and whether the Will was prepared by a lawyer, could be relevant. If the Will is not disputed and basically divides the estate equally then I assume there can be no issue around this?
It seems from your post that your sister is disputing what money was spent during your mum’s lifetime, is this more the issue?
As Amethyst said were you acting for your mum under a power of attorney? Provided an attorney acts in your mum’s best interest if she was unable to make certain decisions herself then it would be difficult for her to argue there has been any wrongdoing. In any event if it is the case she is disputing money spent in mum’s lifetime this is irrelevant to the administration of the will in so far as making any claim.
Has she been given accounts for the administration of the estate yet? Do you have records of your mothers spending before she passed away?
It may be helpful if you could expand a bit on what your sister is alleging. Are we talking a few hundred pounds or a property that has been sold and all money spent, for example.
sorry more questions but may be able to point you in the right direction more easily with a few more details.

[Victoria19]

The case has now been heard and I just want to appeal against the court costs awarded to the claimant and the amount of £9,000 for period as POA , the DJ asked the claimant if deductions had been made towards living cost and been taken into account when arriving at the £9,000 figure when asked. This was not correct the claiment has used all the income for that period.
I have asked the court about a copy of the transcript but informed to apply in writing with the appropriate form from the gov. Website and unable to give me the form number required, do you know which one?

[Amethyst]

Should be this one https://www.gov.uk/government/public...ngs-form-ex107


Whats the reason for the reduction on paragraph 2 of the order ( from £37k to £31k)

I cant see mention of the £9k ? Or how much the costs are ( probably on the right hand side of the page )

Did you challenge the £9k part at the hearing ?

[Victoria19]

Hi, The court order is clearer in photo 1 post.
I did not get a breakdown copy of the £9,000 and not aware of the pacific amount until the start of the hearing, copies of bank statements received in exhibits with all spends highlighted and totaled, i dont think there was a breakdown of the £9,000 as the DJ asked the claimant if relevant household deductions had been made, this was not the case. This was disputed in my witness statement but awarded, some allowances should be made for groceries, essentials etc. I am not disputing all the amount in 1. as the reminder is the agreement with my parents which i have decided to to repay as siblings have caused so much trauma. ( I did not prepare for siblings to lie on oath)
Quite a bit of correspondence had been sent to the court which I had not had copies of including the costs claimed.
The estate is split by 6 hence the 5/6th.

[Victoria19]

I have looked at EX107 for transcript there is not enough appeal time or my abilities to complete this. I am looking at completing N161 for appeal.
I feel it is worth a try, i can not get paid legal advice as to time consumming before any action and expense.
Looks like I'll be needing advise on trying to avoid enforcement or bankruptcy.

[Amethyst]

Ahh yes that is better

[Amethyst]

I'm sorry I still don't know what the £9000 is or are you rounding up the costs and it is just the costs element you are contesting ?

Had you agreed to repay the £37.9k before the hearing or have you just decided not to contest that further?

Full costs would be applicable as the case wasn't in small claims. So as a litigant in person the claimant would be entitled to up to 2/3rds of what it would have cost had they been represented / the hourly rate allowed is £19.

[Peridot]

Hi Victoria19,
You really need to get some advice on this even if you decide not to instruct the lawyer to deal with the appeal. You need to know whether you can in fact appeal the decision as there are strict rules around this. I would suggest without the transcript you could also be in difficulties actually setting out the arguments.
Potentially you could lose badly and then also have the costs incurred by the other side in dealing with the appeal added to those you have already been ordered to pay. Please get some advice at least.