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Hi
New to this forum and trying to conclude a case that was a simple loan from a loan shark that due to seriously poor legal representation has cost me nearly £600,000 and destroyed 5 years of my life and everyone and everything around me.
The Solicitors involved, acting for the claimant, have managed to put a charge against my ex partner’s house, my home, even though she never knew of the loan or signed any agreement.
She marketed it for sale after a charging order against the property and the Solicitor subsequently applied for an order for sale.
There have been two hearings.
The claimant’s evidence bundle demonstrated that the house was already marketed prior to the case.
The evidence bundle provided two bogus valuations for a rural farmhouse from flat letting agents in a different county. When the agents were contacted they both claimed they had been mislead and both valuations were withdrawn in writing.
I applied to the Court with an N244 form to attempt to get the case set aside due to the fact it was sale agreed to a cash buyer.
The Court took my application fee, acknowledged the application and the first hearing proceeded ignoring the application.
The Judge adjourned the case.
The claimant insisted on sending Counsel from London (over 200 miles) for this 30 minute directions hearing.
The second hearing was online. I provided progress with Land Registry searches and documents showing the buyers were keen.
The Judge adjourned the case again but said that if the sale had not reached exchange by the next hearing, proceedings would follow.
The 3rd case is this Thursday. The house is sold, the claimant has been paid a further sum exceeding £208,000 and the charge has been satisfied.
The solicitors are now requesting a further amount, £29,224 for essentially a £332 application and two half hour hearings that were not needed.
The original case were about a counterclaimed sum of far less than the amount claimed for this simple application.
Two Judges had already ruled these costs as “totally disproportionate”, but the costs just seem to keep getting upheld and rising.
The case was needless and has failed.
What grounds do I have with a defence on this please?
I would appreciate any help
many thanks
Evidence was provided
New to this forum and trying to conclude a case that was a simple loan from a loan shark that due to seriously poor legal representation has cost me nearly £600,000 and destroyed 5 years of my life and everyone and everything around me.
The Solicitors involved, acting for the claimant, have managed to put a charge against my ex partner’s house, my home, even though she never knew of the loan or signed any agreement.
She marketed it for sale after a charging order against the property and the Solicitor subsequently applied for an order for sale.
There have been two hearings.
The claimant’s evidence bundle demonstrated that the house was already marketed prior to the case.
The evidence bundle provided two bogus valuations for a rural farmhouse from flat letting agents in a different county. When the agents were contacted they both claimed they had been mislead and both valuations were withdrawn in writing.
I applied to the Court with an N244 form to attempt to get the case set aside due to the fact it was sale agreed to a cash buyer.
The Court took my application fee, acknowledged the application and the first hearing proceeded ignoring the application.
The Judge adjourned the case.
The claimant insisted on sending Counsel from London (over 200 miles) for this 30 minute directions hearing.
The second hearing was online. I provided progress with Land Registry searches and documents showing the buyers were keen.
The Judge adjourned the case again but said that if the sale had not reached exchange by the next hearing, proceedings would follow.
The 3rd case is this Thursday. The house is sold, the claimant has been paid a further sum exceeding £208,000 and the charge has been satisfied.
The solicitors are now requesting a further amount, £29,224 for essentially a £332 application and two half hour hearings that were not needed.
The original case were about a counterclaimed sum of far less than the amount claimed for this simple application.
Two Judges had already ruled these costs as “totally disproportionate”, but the costs just seem to keep getting upheld and rising.
The case was needless and has failed.
What grounds do I have with a defence on this please?
I would appreciate any help
many thanks
Evidence was provided
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