Fraudulent misrepresentation and Prenuptial agreement

[Amethyst]

Re: Fraudulent misrepresentation and Prenuptial agreement

Don't worry aout writing to the land registry again, they are not in a position to deal with this as it is in court, if the court orders the final charging order - the LR accept the claimants application.

Do you feel a little bit better about the charging order if it happens now? It doesn't mean losing the property by any means. The Judge can make the order for a no sale order.

Have you thought about an offer to pay at all? You have a low income so it is unlikely to be much but you must show willing - don't know why it is in Kings Lynn court - is that where the property is ? It's been transferred to Kings Lynn from Northampton CC business Centre.

Yes no need to put personal stuff on the forum, I'll draft an example for you and leave xxxxxxxxxxxxxxxx where the personal stuff will go ( and help you word it separately )

You have to go into protection mode rather than anger/fighty mode for this WS and court. I think we have dealt with the facts that there is no fraudulent misrep and the prenup doesn't really have much impact in this.

[Openlaw15]

Re: Fraudulent misrepresentation and Prenuptial agreement

I live in rental accommodation at the moment. I have been here around 6 years I think give or take.

You do not have to live in the affected property to benefit your proprietary rights as you and your partner are trustees of land: ie the property: s.34, s.36, Law of Property Act 1925, which gives you, your partner or other rights under Trust of Land and Appointment of Trustees Act 1996.

[Amethyst]

Re: Fraudulent misrepresentation and Prenuptial agreement

No I know, I was checking for the witness statement, and that there isn't a second property owned by the OP that could have the charge attached as opposed to the home his ex and her son live at. ( pure practicalities I'm afraid)

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

Do you feel a little bit better about the charging order if it happens now? It doesn't mean losing the property by any means. The Judge can make the order for a no sale order.

Have you thought about an offer to pay at all? You have a low income so it is unlikely to be much but you must show willing - don't know why it is in Kings Lynn court - is that where the property is ? It's been transferred to Kings Lynn from Northampton CC business Centre.

You ask how I feel........ And also have I thought about paying.
I will deal with the latter first if I may. Yes I have thought about it and I also realise if the outcome is such that I have to pay then I will. My income as you point out is stretched and though stretched in a few years you get back in front. Been there done that. I know how it works. Now I will deal with the former. How do I feel....... My problem is this. There is a bunch of leaches that operate almost on the dark side of law. They feed off people. they feed off fear. but mostly they feed off despair. When I came to this site I was at the latter stage. Nowhere to turn. No matter the outcome the one constant was here. I feel I want to crush these life sucking B....... out of existence. That is how I truly feel. If it wasn't for the threat on my family I would go to prison before I paid them a penny. Families break up and its sad. But its life. We broke up but that doesn't change one's responsibilities. My responsibilities will always be to my family. We have a company that makes a claim online. not even the Curtesy to get of their fat arses and want to charge a fortune in cost, even interests. Do they send documents when asked, No do they carry out any duties. No. Do they actually have a claim? Not one document to even suggest there is even a valid claim has been produced.
To sum up how I feel............... I feel like a time bomb ready to explode. Yet I also feel that now I have a chance. I feel respectful for the people here that have offered help. But underneath all the feelings I still want to crush these god forsaken B........ that deal in misery.

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

You do not have to live in the affected property to benefit your proprietary rights as you and your partner are trustees of land: ie the property: s.34, s.36, Law of Property Act 1925, which gives you, your partner or other rights under Trust of Land and Appointment of Trustees Act 1996.

I live in rented accommodation I pay rent and I have no income, claim From the property

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

Kings Lynn is 300miles away. So I will need to have it moved. I want my day in court

[wales01man]

Re: Fraudulent misrepresentation and Prenuptial agreement

looks from a laymans view that the judge will grant the order unlikely they will ever order a sle to the claimant I expect this will be like a guarantee on the money although they may only get it a little at a time if you can agree a payment plan even £1 a week might sway the judge.
As much as we all dislike debt collectors all the time they have a legal right to claim what is owed they will if you did not have this property they I expect would not be chasing you.

Advice on here has been quoting several statutes and laws to use this in court a solicitor would be advisable judges know the law of civil debts going in guns blasting with handfuls of quoted rules might mot help for this sum is it worth the hassle and stress fighting so hard?

Good luck in court state your reasons for not wanting a CO if you want but be a realist it will probably be granted

[Openlaw15]

Re: Fraudulent misrepresentation and Prenuptial agreement

looks from a laymans view that the judge will grant the order unlikely they will ever order a sle to the claimant I expect this will be like a guarantee on the money although they may only get it a little at a time if you can agree a payment plan even £1 a week might sway the judge.
As much as we all dislike debt collectors all the time they have a legal right to claim what is owed they will if you did not have this property they I expect would not be chasing you.

Advice on here has been quoting several statutes and laws to use this in court a solicitor would be advisable judges know the law of civil debts going in guns blasting with handfuls of quoted rules might mot help for this sum is it worth the hassle and stress fighting so hard?

Good luck in court state your reasons for not wanting a CO if you want but be a realist it will probably be granted

Thank you for your comments. Now how can they get a charge order on a property where the chargee interest is not one of a proprietary interest, and that the property anyway is tied up by a legal and equitable joint tenancy which has not been severed: s.36, Law of Property Act 1925, for the benefit of the chargee under the relevant Charge Act? If this were the case it would be forcing a severance of the beneficial joint tenancy which is protectorate of property law since nearly a 100 years. Only the official receiver has the power to severe a beneficial joint tenancy (and even this is questionable) but they cannot touch the legal interest which protects as land held on trust.

If people knew the full extent of the law in this country they simply would not be so passive. The problem is lots of people do not and have this subservient mentality wherein they accept what they're told. Call me a lateral thinker, whatever, - I am not a subservient mind.

[Openlaw15]

Re: Fraudulent misrepresentation and Prenuptial agreement

[QUOTE=James Last;608128]

Thanks for sending over the docs James. good news is your WS doesn't have to be in before 7 days. You can ask the court to transfer to your local court if you wish to defend in person ( ie attend the hearing ) or you can leave it at Kings Lynn and rely on your Witness Statement.



To be very honest it is likely you will have the charging order set but you can give it a good shot. You should get together your income and expenditure sheets to figure out how much you can reasonably and affordably pay long term off the debt.


just thinking basic points....

The property is owned jointly ( beneficial joint tenants ) with your disabled ex partner who lives in the property as her family home / QUOTE]

I Have been unable to get through to kings lynn. one of the two numbers is still even now off the hook and giving an engaged tone. And the other one like I said was engaged all day and only turn on to a nobody home message. is it worth me sending a registered letter asking for them to send the original claim and to tell them that I intend to submit a witness statement? Also asking to move it nearer to where I live. Don't know if they are in a flood area. But if I sent that tomorrow it will get there the following morning-mid-day.
The land registry, I sent my objection Fri I think, It was written with some anger, fear and a lot of passion in a way. If they reply quickly I will have it tomorrow. I will have to find that letter and then I will have to send it privately again because it contains a lot of personal things. But that aside I don't really expect any joy from them unfortunately. The health issues I will send you later today or tomorrow if that is ok. As I said I don't really want to put any of that in the open.

James I would like to see this witness statement. I would also like to see what documents you want me to see. It is I who has studied a law degree, remember. Show up in person James - this is your property - do not just rely on a witness statement! You cannot ask a witness statement questions and the witness statement cannot show emotion or convey any potential distress that a final charging order would have.

[wales01man]

Re: Fraudulent misrepresentation and Prenuptial agreement

I think we must all await the outcome of the Court case time for a judge to weigh up all the evidence whether or not to grant Order and their reasons for that decision.

[Amethyst]

Re: Fraudulent misrepresentation and Prenuptial agreement

James wants to apply to set aside the original judgment I believe, which is why he was trying to call Kings Lynn to get details of the claim.

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

[QUOTE=Openlaw15;608294]

James I would like to see this witness statement. I would also like to see what documents you want me to see. It is I who has studied a law degree, remember. Show up in person James - this is your property - do not just rely on a witness statement! You cannot ask a witness statement questions and the witness statement cannot show emotion or convey any potential distress that a final charging order would have.

Thank you for your kind words and advice. I will try to send them today one way or the other. As you know I am not that proficient with these boxes yet so it will take me a little time.. I have left my email if that suits better.

To update where I am. I finally got through this morning to Kings Lynn and now I have an email address that I can ask for a copy of the original claim. So I will do the email, post it so it can just be looked at to make sure its correct.

- - - Updated - - -

Sorry I didn't know that. I will figure it out from here

[Openlaw15]

Re: Fraudulent misrepresentation and Prenuptial agreement

[QUOTE=James Last;608330]

Thank you for your kind words and advice. I will try to send them today one way or the other. As you know I am not that proficient with these boxes yet so it will take me a little time.. I have left my email if that suits better.

To update where I am. I finally got through this morning to Kings Lynn and now I have an email address that I can ask for a copy of the original claim. So I will do the email, post it so it can just be looked at to make sure its correct.

Thanks James, I won't take your email until or unless the owner informs me it's ok to do so. We have your interests in mind . i just want to help you to be best of my ability, that's all. Hopefully there is a way this can be done.

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

James wants to apply to set aside the original judgment I believe, which is why he was trying to call Kings Lynn to get details of the claim.

On the phone when I asked about moving the hearing to a more local area. I was told that I do that in my email and that the original date will be moved to a new date,

[Amethyst]

Re: Fraudulent misrepresentation and Prenuptial agreement

Okay that's good, do that and we can get on with the set-aside application - if that's what you want to do ?

That will put things on hold although the interim order will remain in place until such time as you succeed in your defence or negotiate settlement outside of a charging order ( but from what you have said about your income I don't think that would be possible?) If you got the judgment set aside then lost the case their would be another final charging order hearing set. If you lost at set aside then the final charging order hearing would go ahead.

So we need to look at the original debt and claim - and make the application to set aside at the court the case is now being transferred to. You will need to complete the fee exemption forms if you are eligible, otherwise it is a fee of £155 to the court - and there will be a set aside hearing.

So what is the original debt ? who is the original creditor ? any disputes ? Is the debt in your sole name ?
when did you last make payments/acknowledge the debt before the judgment.
Did you receive the court papers at all ? If you did what did you do.
If not, do you have any idea why not ? Did they go to an old address etc ?


It's £7500 odd ( judgement for slightly more)