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

[Donny462]

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.

The creditor didn`t do the job! Would you pay out happily to someone who has left your house in a state of serious disrepair ??
Yes, I read the post about Form K restrictions thank you, it doesn`t help as the judge didn`t grant that. I will shortly be pursuing this man for fraud as I have now discovered a lot of information about him which is far from lawful in doing his job.
Even if I wanted to pay him, I don`t have the money, he knew this right from the beginning and it is well documented, but he led me to believe that the CA would have to pay his fees, and as he`s the `expert` in that field, I naively believed him. However, he had one purpose in his mind when he took on my job, and that was to get ownership of my barns, it is all so clear now from the way he has worked it....I know you are only interested in the legal aspect, and I totally get that and fully appreciate all of the help given to me on this forum, but this is far from clear cut, as I`ve said previously, I am not just a woman who took this man on with the intention of not paying him, I was never meant to pay him and that was the agreement.

[Donny462]

was it a DDJ?

Thank you for replying JK2054

I`m really sorry but I don`t know what a DDJ is?

[Donny462]

Hi JK2054

Did you mean was it a District Judge? If so, then yes, it was a District Judge. He had no clue what the case was about and if I`d gone into Court so poorly prepared I`m sure I would have had my knuckles wrapped. He agreed that the Claimant hadn`t adhered to the rules of service, yet still granted him the Final Charging order, then told me to provide the Claimant with the address of my ex Partner, (i,e the Joint Owner) and the Hatfield Main Colliery! Surely it`s not my job to do my oppositions leg work? I don`t know my ex`s address anyway, he left me 19 years ago, went to work one day and never came home and had left me for a man! It became clear he`d been taking things from the house for months ! He doesn`t want me to know his new address, and I don`t particularly want it either.

[JK2054]

i mean if you want you can throw an appeal in there so it delays things a few months.

[atticus]

JK seems determined to add to the costs the OP will end up having to pay.

[JK2054]

well op didnt like the idea of paying, and aside from appealing there aint nowt else can do

[atticus]

But you might warn of the possible - nay, likely - downside.

[JK2054]

not sure what that means sorry

[atticus]

Really?

You are encouraging the OP to make applications/appeals that have little chance of success. There is a significant risk that he will be ordered to pay the judgement creditor's costs, which will be added to the sums secured by the charging order.

[JK2054]

sorry but "But you might warn of the possible - nay, likely - downside." is not english.

The OP seems to think that the DJ got it wrong. So I'm saying that if they wanted to challenge the DJ because they think the DJ was wrong they could appeal. I did not say they should, I said if they want. Maybe some reading would help you. Furthermore, there are no additional costs to an appeal for the judgement creditors cost unless such an appeal reaches a hearing which is then loss.

There are no additional costs the Defendant would have to pay the Appellant for filing an appeal notice, you are facturally wrong there, there is no risk whatsoever.

[EXC]

sorry but "But you might warn of the possible - nay, likely - downside." is not english.

The OP seems to think that the DJ got it wrong. So I'm saying that if they wanted to challenge the DJ because they think the DJ was wrong they could appeal. I did not say they should, I said if they want. Maybe some reading would help you. Furthermore, there are no additional costs to an appeal for the judgement creditors cost unless such an appeal reaches a hearing which is then loss.

There are no additional costs the Defendant would have to pay the Appellant for filing an appeal notice, you are facturally wrong there, there is no risk whatsoever.

I think Atticus is simply making the sensible point that when advising someone to take any steps in litigation, the potential financial risks of doing so should be made clear.

[atticus]

... and there are financial risks, please note Donny462

[JK2054]

I think Atticus is simply making the sensible point that when advising someone to take any steps in litigation, the potential financial risks of doing so should be made clear.

if that's what "But you might warn of the possible - nay, likely - downside." means and you understood it then fair play to you.