Restrictions, ex wife, planning gain.

[ohitsonlyme]

Just got the chance to getting back on my feet
My ex wife and i own a property with a 5 acre field, I have fought tooth and nail against all of my creditors for nearly 8 year to hold on to it in the hope to eventually gain planning permission
I have now got a very strong indication it will get approved for affordable housing and I've got a company to pay all fees involved for a fixed win fee(not the lottery win I wanted but never the less a substantial amount more than ex and I had before the collapse)

I rent the house out in order to pay the mortgage and the mortgage to the 6bedroom 3 bathroom house that ex has lived in since separation
We are divorced but ancillary relief was never settled due to complexity of property and property companies jointly owned.
Ex spent £20,000on solicitors and this is now entered as a restriction on the house and field as also a £30000 capital gains tax bill issued to ex by Hmrc
I have paid most of my tax liability and not got anyrest rictions on the property.
ex is refusing to sign up to a promotion agreement unless I give her 70%of the money due to come in
She has a misguided opi nion that I had lots of money before the recession kicked in and does not accept that the recession wasn't my fault
We lost 2 companies both with good equity to the banks and tax man, hence my fighting on here!
Ex will not sign and has an illness she says is killing her and using emotional blackmail to get her way I am not budging
She is now also telling me that her solicitor are applying for an order for sale
Can I stop this,?
The property is held as joint tenants
Onlyme again

[PAWS]

Re: Restrictions, ex wife, planning gain.

This is a complex and tricky one. I am sure someone on here will come along soon to give some sound advice but I think you need to see a solicitor who specialises in this sort of thing. I know it might seem like a big and annoying expense but it could save you a lot in the long run.

[ohitsonlyme]

Re: Restrictions, ex wife, planning gain.

Well the gloves are off
I received a PART 8 claim asking for an order for sale from ex wifes solictors.

I intend to fight this but dont know the procedures involved Yet!!
hearing date is 25 January

The house and land are on 2 separate title deeds

The restriction is only on the deeds to the house not the land

what do I have to do in terms of defending the claim and witness statements.

The valuation that they have used is incorrect, they have valued the house and land but only have a restriction on the house.

They havent mentioned a second restriction in favour of HMRC

They havnt mentioned my beneficial claim on the property and I am listed as the defendant which I will of course defend


They havent mentioned the tenants in situ including children

They have not been able to gain details of the balance outstanding to the building society which without planning and the field is close to the value of the mortgage outstanding

I think I can get it rejected and possibly costs from them(that would be fun)

Can the court still order the sale for the other creditors at this hearing if this application fails on technicalities??

onlyme again

[ohitsonlyme]

Re: Restrictions, ex wife, planning gain.

WON!!!!!!! Gota call yesterday from ex wifes solicitor saying that following my defence they are prepared to withdraw their application for an order for sale,
They realise they wont win at court and also that would claim costs

at the end of the longish conversation I asked rather politley "and as to the issue of costs??"
A flabergasted solictor didnt know what to say

I want them to withdraw totally and believe they have behaved despicably.
Should I press for Costs
My estimation shows £490 minimum
see below

costs statement
Rate Claimed Litigant in Person rate of £30.00 / hour the rate at which I charge my time as a self-employed director of a building company@ £250 per day


1) Time spent identifying and understanding relevant legislation.
Time spent identifying and understanding relevant case law.
Time spent preparing skeleton argument and witness statement

15 hours @£30.00= £450.00

Onlyme again
2) Time spent communicating with the claimant

1 hours @£30.00 =£30.00

3/ Disbursments, postage typing etc. £10.00

Total £490.00

Notes

Before undertaking this myself I approached a solicitor to handle this. I was given an estimate of 3 to 6 hours at £175/hour to prepare the witness statement (£525-£1050)+vat plus extra for attending the court.

I respectfully request that the court give consideration to awarding these costs on the indemnity basis or, in the alternative, on the standard basis as I believe, in any case, that they have been proportionately and reasonably incurred and/or are of a proportionate and reasonable amount.

In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:-

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner

[MIKE770]

Re: Restrictions, ex wife, planning gain.

Lip rate is £18.00 per hour in cases?

[ohitsonlyme]

Re: Restrictions, ex wife, planning gain.

Lip rate is £18.00 per hour in cases?

Unless you can show different i have claimed and won at £20 previoulsy simply by showing invoices as evidence

[MIKE770]

Re: Restrictions, ex wife, planning gain.

interesting