Received a Notice of Intent to Apply for Adjudication

[des8]

Hi
Devastating news
One would think a barrister might have been of some use and not then just pushed off.

All I can suggest now is trying to find someone prepared to act pro bono.
Perhaps https://www.lawsociety.org.uk/topics...on-to-pro-bono or https://www.nationalprobonocentre.or...bout-pro-bono/
can provide a link to someone in your area

[Donny462]

Hi Des-8

Thank you for the links, I will give them a try.

Yes, absolutely devastating, I paid £4000.00 to the barrister to look through the case and submit the application to appeal and might as well have set fire to the money ! The judge is actually very damining of what he submitted and says that his reasons for appeal stood no chance of success! I can't believe that the Claimant who I can prove has lied and cheated throughout the whole charade is being supporter and I have nowhere to go to challenge it! It's crazy! He even admitted in the adjudication that he'd acted as an expert in the case against the CA so this should have ruled him out for adjudication, but the adjudicator still chose to rule in his favour! Unbelievable!

[Donny462]

Hi again, des8

Could you also tell me please if the Claimant will now be able to send bailiffs straight here, or if he will have to go to Court to gain an Enforcement Notice ?

Many thanks.

[des8]

He shouldn't be sending anyone round to your doorstep.
If you don't pay on the order of the court he should be looking for enforcement via the courts.
This might not take the form of High Court Enforcement Officers, but e.g. via a charge on your property.
After all if you have no assets HCEOs can't collect

[Donny462]

He shouldn't be sending anyone round to your doorstep.
If you don't pay on the order of the court he should be looking for enforcement via the courts.
This might not take the form of High Court Enforcement Officers, but e.g. via a charge on your property.
After all if you have no assets HCEOs can't collect

Thank you des8 for your response. Apologies for the delay in replying but my life is a catalogue of disasters at the moment between my health and that of my 90 year old Mum with dementia who is ...well, let`s save that for another post lol.

Well today I have received papers from the Claimants Solicitor which inform me that on 24th May 2024, a Judge sat at the Business and Property Courts In ***** and ordered that :-

1. The interest of the judgement debtor ********* in the asset described in the schedule below stand charged with payment of ****** together with any further interest becoming due and the costs of the application.

2. The application will be heard on 16th August in a floating list between the hours of ******** at ****** County Court when a judge will decide whether the charge created by this order should continue (with or without modification) or should be discharged.

3. The Court directs that the Applicant must serve the interim charging order , the application notice and documents filed in support on the following (in addition to any other person required by CPR 73.5. The persons listed in paragraph 5 and 6 of the application.

I have a couple of questions if anyone could advise me please.

Firstly, should n`t I have been informed of the Court Hearing on 24th May?

2. Am I able to get the Court Date of 16th August delayed to give me chance to get legal help in this matter?

3. Point 2 of the Order states that a judge will decide whether the charge created by this order should continue (with or without modification) or should be discharged....what facts may get the judge to discharge the order?

4. The Applicant lied and cheated his way through an adjudication which shouldn`t even have taken place as he acted for my agent in a case against the Coal Authority, which means the Adjudicator didn`t have jurisdiction in this matter, but he ignored all of my evidence and the Judge also ignored all of the evidence and ruled against me...full details are on page 11 of this post. The Claim is solely against me, however, the property which he is applying for a charging order on, is jointly owned with my ex, (we have been split up for many years), it also has a sizeable mortgage on it.

My question is, if the Applicant is granted a charging order, I assume he will then attempt to force the sale of the property to pay his so-called debt, can he force the sale of the property when it is jointly owned by my ex who has had nothing to do with this case? My thinking is that surely my ex can`t be forced to sell his half of the property to settle what is (according to the paperwork), my debt?

Additionally, because the Applicant walked away from the job with me and left my property in total disarray, (basically grossly subsiding due to coal mining subsidence!), the value of my property is now significantly less than when the Applicant first took on the job , and to be honest, will struggle to meet the value of the mortgage on the property, let alone the cost of alleged debt!

Please can anyone help me?

[atticus]

An interim charging order is made without notice to the judgement debtor. You have been given notice of the hearing at which the interim order will either be made final or discharged.

As the property is jointly owned, it is likely that the outcome will be that a Form K restriction will be entered on your title at Land registry. These are not the end of the world: see for example posts 12 and 13 here: https://legalbeagles.info/forums/for...statute-barred

[Donny462]

An interim charging order is made without notice to the judgement debtor. You have been given notice of the hearing at which the interim order will either be made final or discharged.

As the property is jointly owned, it is likely that the outcome will be that a Form K restriction will be entered on your title at Land registry. These are not the end of the world: see for example posts 12 and 13 here: https://legalbeagles.info/forums/for...statute-barred

Thank you so much atticus , I will have a look at the link.

Can I ask please, the Court Order says I should provide evidence 7 days before the hearing date, am I able to present new evidence which has come to light since the Court Case?

Thank you.

[atticus]

The court dealing with the charging order application will not be interested in going behind the judgement. It will only want to consider evidence on the question whether the judgement debtor's interest in this property should be charged to secure payment.

That said, you have been given the opportunity to submit evidence.

[Donny462]

atticus thank you so much for your response. I'm very grateful.