Interim Charging Order-Mother dying, can I delay please?

[JK2054]

wasnt it default ccj?

[atticus]

Erm, no. Read the attachment in post 9 again.

[JK2054]

glad you know what's going on!

so its an adjuciator decision not a court order? and then i presume they have then applied for an interim order to enforce the adjudicator's decision? If so the best way may be to challenge the adjudicator's decision.

Do you know if there were scheme rules and if so what post were they put in?

[JK2054]

also OP what have you filed at court? We should probably get this moving as you'll have to serve things no later than 3 days before the hearing.

[atticus]

According to the OP's document, the court has made an order to enforce the award of an adjudicator or arbitrator. lt is way too late to challenge the decision of the adjudicator or arbitrator.

[Donny462]

Hi JK2054

The Claimant acted as our agent in an arbitration against the Coal Authority for Coal Mining Subsidence to my house and land. Right from the beginning we made it clear we couldn't afford his fees, he told us not to worry as the Coal Authority had to pay our experts fees under the Coal Mining Act....this was repeated several times in writing.

As it turned out, the CA refused to accept the Claimant as our agent as he was already acting against them in a court case which the Claimant hadn't made us aware of, as such, the CA refused to pay the Claimants fees. The Claimant then came after us for his fees despite having put it in writing several times that we wouldn't have to pay us fees.

When we refused to pay his fees, he took it to adjudication. As you are probably aware, an adjudicator has no jurisdiction when the Claimant has acted as an expert for a party in an arbitration. The Claimant admitted the work was mainly as our expert in arbitration, but said he could still claim the fees from us as it stated he could in our contract....WE NEVER HAD A CONTRACT. All correspondence between us and the Claimant throughout our dealings with him were via emails, yet he could not produce a signed contract nor could he provide proof of an email coming to us with the contract, yet despite this, the adjudicator totally ignored these vital facts and ruled in the Claimants favour!

The Claimant then took us to Court for a Summary Judgement which he won as the judge wouldn't go against the adjudicator, and so now he is going for a Final Charging Order.

I hope the above clarifies the situation for you. This man set out to con us, we now know he's done exactly the same to others, and basically he has been helped by an adjudicator who disregarded the evidence put forward by us, and then by the courts who won't go against the adjudicators decision....incidentally, the Claimants reports were not used for anything and he walked off the job knocking thousands of pounds off our properties value!

All we have been able to do for our defence is point out the errors the Claimants legal team have made in serving the document's.

[Donny462]

Hi JK2054 and atticus

Well today was 'D' day and what a farce! The Claimant didn't attend but instead had not only a Solicitor, but a Barrister too! The Barrister had none of my paperwork so the judge gave him his copy!

The judge accepted that the joint owner and Hatfield Colliery should have been served with the application, but still granted the order! He said my other items of my defence will come into play only if the Claimant makes an order to sell the property....but here is the bit that I find absolutely incredulous...the Claimants Barrister is writing out the Court Order as the judge said he is too busy! Is that even lawful? Please can either of you advise me?

Thank you.

[atticus]

Yes, that happens. The barrister has ethical duties to the court, and the judge will check against his notes.

[Donny462]

Thank you so much for that atticus , I was astounded as I'd never heard of it.

[JK2054]

ofc barristers can write the order, most normal thing ever

i thought your court date was the 18th im confused?

[Donny462]

JK2054

The previous date was 16th August , perhaps that's what you were thinking of?Then when Mum died was changed to 11th October.

I'm sorry, I'm just a Lay Person, I had no idea barristers could write the order so it threw me but now I know for future reference, thank you.

[JK2054]

oh but did you ever submit anything?

[Donny462]

oh but did you ever submit anything?

Hi JK2054

Sorry for my delay in replying but I have the dreaded full blown flu so haven`t been online for a few days.

Yes, I submitted the draft that you did for me, but amended a couple of things which obviously I hadn`t explained properly on here. The judge accepted that my ex, (i.e the joint owner), should have been served, also said that Hatfield Main Colliery should have been served via the Coal Authority as it is common knowledge deals with all Colliery business, and it is stated as such on Companies House,, he also accepted that Attey`s should have been served, yet he still ruled in the Claimants favour...the barrister didn`t even have a copy of my defence, the judge had to give him his copy!

Do I now just have to accept that the charging order is going ahead, or is there anything else I can do to stop it please?

[JK2054]

was it a DDJ?

[atticus]

You could pay the judgement debt.

Sorry if that seems harsh, but your creditor is allowed to have the debt secured if you do not pay it.

Did you read my post about Form K restrictions? I gave a link earlier in this thread.