What happens as, as Court refused my Appeal to appeal! but I did not receive a copy of document that Respondent sent to the Court but failed to send me a copy?
Respondent Wrote to Court but not to Me the Appellant
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Is this related to https://legalbeagles.info/forums/for...-prove-forgery
You applied for permission to appeal and were refused. The other side made submissions to the court against your application but you didn't receive a copy ? Have you asked them or court to provide a copy since ?
Overall is the case that your conveyance of your purchased property stated there was no main sewer on the property but you have since found out that there is ( presumably as a problem with the sewer has occurred ) and it's been discovered the wrong/fraudulent plans were used ?
Have you complained to the SRA or legal ombudsman if the conveyance was undertaken by a solicitors firm ?
Actually reading the other post, The court case is still ongoing ? Were you actually asking the court for specific disclosure which was refused and your appeal is against that decision ?#staysafestayhome
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Hi Amethyst. Yes case is still ongoing and I reported it to SRA and they initially said was not enough evidence and when I complained a year later they said as was a court case and I didn't realise they could still have investigated, but they left it at that. I only found out Respondent has sent letter to Court but not to me, re this latest Appeal on 01/02/2019 re Appeal against the appeal I wasn't allowed to appeal when reading the Court judgement last night. So don't know how that affects my appeal as not seen it at all? The Court were originally asked by me to get Defendant to supply an original copy of the Application they made to SearchFlow. They knew but I didn't that SearchFlow don't keep original(they never had any A4 copy in their file) but of course they knew it couldn't be obtained. They failed though to state that they had a "micro copy" of their original application form which got inserted within Confirmation Docs returned to them by SearchFlow. I only discovered it after discovered the forged Docs in 2017. The Respondant refused to obtain them stating I was abusing the process but I wasn't the CPR rules class an altered document as a different document and plus as we paid for searches under SRA Guidlines I am entitled to a copy under those. The Judge refused to let me get a copy at original Hearing. Barrister stated I was abusing process. I know it sounds strange, but none of the judges take any notice that Documents that should be exact copies are most clearly not. The "Micro Copy" of Map Plan requested by defendant and sent from SearchFlow clearly shows the Coordinates etc have been obscured and the document tampered with. I have to get my appeal in by Thursday but because of way Solicitor carried out the concealment of the fraud it's very difficult to make it sound ok. It's so convaluted. Obviously deliberately so. The Local Council Search clearly is a totally different doc except for the same "wrong building only" plan he used in all 3 other Search Docs.and coordinates refer to a Property 1/2 mile away. Plus OS copyright year date is 2002 and should be 2006! He also never used the supposed "Title Plan" he had used to obtain the Searches, but substituted it for the Correct title plan he didn't obtain until after we asked him to check if was a sewer and what was the gate into next property for? My husband Peter (Deceased) rang him and I have copies of the only phone notes that were in the file, which following visit after I had complained in 2015 I had fortunately taken photos of them and his only notation against email to him asking my question "could he check if was a sewer?" he had written in his own handwriting "non according to search". When he sent me copy of what bit was in file the two blue phone notes were missing, so I asked for them. He told me in a letter that on checking file again after retrieving it, following my complaint, that there was no sewer crossing property (but could have been an old one!) He then further on in letter went on to state, (having said wasn't one) that we knew there was one!!!, but his report on Searches letter 22 May 2006 stated he was "pleased to confirm that no sewers pass through the property". It was only because an elderly customer(now deceased!) said he thought there was a sewer that we immediately wrote asking him to check as he had told us to if we needed any answers in the letter of contract, and as per above said no! After applying for planning 4 years following Peters death was when I found out there was one and it was not just any sewer but a storm flood defence system. The Solicitor only asked the Vendors about the "gate" question and can't say (as he had answered our Question during phone call with Peter) , that the question of him stating there was no sewer, that we thought anything of that fact! I believe was collusion between Solicitors and Vendor as it turned out our Solicitor allowed them without asking us, to pay off their own mortgage whilst we were buying. Hindsight is not a wonderful thing!! I know if I could make the appeal court make him obtain the SearchFlow Micro Copy, which has been fuzzed up, so can't read Coordinates, Year Date or licence No. That SearchFlows Official micro copy will show that he submitted the wrong details and concealed it all. Their Barrister has also lied re the SearchFlow Document as they had supposedly handed me a certified copy of the copy held on their file, in disclosure. It Is not a certified copy as details of OS stuff are illegible and SearchFlow would not have sent such a document as confirmation of an order, and you couldn't have read the smudged out details that remain !! He also said both Defendant and myself had approached SearchFlow, to try to obtain a copy, but I couldn't get any info as SearchFlow obviously as Solicitor not the Solicitor wouldn't give me it. They did though tell me they kept the micro copy. I don't understand why since the Court can see all the totally different docs, which should all be same basic details and fact that he submitted to our Bank the Report on Title confirming that all Searches checked and correct and that property would have good resale value if they needed it!! He obtained the release of the loan by signing and submitting a totally different (but was by then, the correct title plan which I only knew after complained 10 years later. He had asked Vendor for 2 Copies title info, (but no copies of requisition/reply forms at all in file, 3 days after we asked about if was a sewer!) We never saw the correct plan until we received the "closed file" in mid November 2006 when we had supposedly completed on 24/07/2006. We did not check as had never seen an actual Official Land Registry Title Document at all until then. So it didn't register as being wrong. He seemed to have had problems, I didn't know, then with registering the Title. It is a mess and I'm unsure what Docs/bundles I have to provide to appeal, the appeal, they have refused stating my Claim to appeal is totally without merit yet it is clear documents were falsified and concealed. I am facing homelessness as can't pay rent after August and have lost everything. Is there any way I could maybe state that as the Search Documents are clearly forged and Defendant has concealed facts that the Court has a Duty to try to ensure that the Facts are correctly exposed and examined. I know you don't give legal advice, not expecting it but someone must know how I can Appeal to make the Court take the Production from SearchFlow of the Forged Documents seriously. It would nail the case I know.
Apologies for boring on am just trying to formulate a strategy, which at my age is difficult to grasp it all.
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