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

[JK2054]

what was n244 result?

[Donny462]

what was n244 result?

The judge has delayed the hearing until after 16th August thank goodness. Apparently the other side hasn`t been notified yet, they asked if we wanted to notify them , or if we wanted the Court to notify them, I chose the latter as the Claimant hasn`t been truthful all of the way through this and I didn`t want him to deny being told.

Thank you for your help in getting the Hearing deferred.

[Donny462]

means they're not a legal entity

Thank you JK2054 for your response, sorry, but I don`t know what a legal entity is

[Donny462]

its in the document that i told you to use as a base

Thank you JK2054 I will try to figure it out.

[Donny462]

Can I ask if it is worthwhile to get a Solicitor to represent me at the Hearing, or am I just wasting my money and it`s a foregone conclusion that a Final Charging Order will be granted?

[JK2054]

good to see your n244 won i thought it would

[JK2054]

Thank you JK2054 for your response, sorry, but I don`t know what a legal entity is

means they are not a legal registered company.

[JK2054]

Can I ask if it is worthwhile to get a Solicitor to represent me at the Hearing, or am I just wasting my money and it`s a foregone conclusion that a Final Charging Order will be granted?

I mean i'd oppose it, and if you get a good judge and you have good oral advocay, or you get someone with good oral advocacy to represent you I think you will be ok.

The problem with solicitors is you don't have any control over your advocacy, and many just send LPC advocates who frankly are some of the worst people I've ever seen when it comes to advocacy. I remember one of the times I did possession mortages as a duty at court, and some of the LPC advocates didn't even know their figures, it was embarassing for them, but obviously they're all self employed so neither LPC nor the solicitors care.

[atticus]

I mean i'd oppose it, and if you get a good judge and you have good oral advocay, or you get someone with good oral advocacy to represent you I think you will be ok.

I don't think that at all. Quite the opposite.

You know my views. A judge will see that you have an unpaid judgement debt, and if the judgement creditor has done everything right procedurally (there is no sign it has not) then the outcome will be a foregone conclusion.

I know that you are desperate and that this is not what you want to hear, but it would be wrong to say anything else.

[Donny462]

Thank you JK2054 and atticus for your replies.

It is very interesting, but also very confusing to see the two totally different opinions on this matter,as I don`t know which to believe? However, I have decided to get a Solicitor to represent me as new information has come to light today, it may not help me, but it is I feel, extremely valid.

I have found out today that it would appear that this man makes a living out of bringing the sort of action that he has against me, i. e submitting grossly inflated invoices for a poorly done/ unfinished job, then taking the victim to adjudication for non payment , then winning the adjudication by lying through his teeth, (he is also an adjudicator and I can`t help but feel it`s all boys together!), and then going for Summary Judgement.

I have today found Case Law of this man against someone, and the way he has gone about going after the Firm for who he did the work, is exactly the same he has done with me. Fortunately for this Firm , they had better legal representation than I did and the Summary Judgement was thrown out as the Contract was ruled invalid and also the wrong adjudication process had been used. This was for the sum of just under £84,000.00!!

I hadn`t found this information before my own case against him as he had called his Company something else, so when I googled it, nothing came up, i.e he had called his Company by his actual name e.g John Smith Construction (name changed obviously for the purposes of meeting Forum rules), then the Legal Action is by John Smith, Trading as *** ****** Services so when I`d looked under John Smith Construction, I found nothing derogatory!

The other thing I`ve noticed is that he states the letters after his name RICS, I have contacted the RICS and they have told me that this person is not a member, nor is his Company, yet he used the RICS adjudication system against me, how can this be right? Also, how can he put those letters after his name when he isn`t a member, surely it`s false representation?

[atticus]

Once again you are looking to go behind the judgement.

JK2054 and I disagree, and that happens. He might wish to say the grounds on which he thinks you might contest the charging order application.

[Donny462]

Thank you for your comments atticus

I am not looking to go behind the judgement, I am merely informing the Forum of what I have found out about this man.

I get the impression that you feel what has happened is down to me, I am trying to show that this man is an unsavoury character who has done several times at least, exactly what he has done to me. I was totally naive in dealing with this character and far too trusting , it is something that I have learned from, but looks like it is going to cost me dearly. I don't think I should be made to feel bad for feeing aggrieved and if my posts stop one more person from being conned by this man, then they have been worth it.

I have also now found out found that Case Law involving this man is actually listed as ways to stop an adjudication in its tracks! I think that at least shows that I have been wronged here, I'm sorry if you thing otherwise but I'm not just a woman trying to avoid paying a debt here, I feel I have been conned by this man, and the Court has helped him! He must be laughing all the way to the bank!

[atticus]

You have formed a mistaken impression of what I think. I do not judge you. I consider the legal implications of the situation that you have presented.

[JK2054]

upload the n244 general order please

[Donny462]

You have formed a mistaken impression of what I think. I do not judge you. I consider the legal implications of the situation that you have presented.

Thank you atticus for your reply. I apologise for making an assumption.