Fraudulent misrepresentation and Prenuptial agreement

[James Last]

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 posts and advice. Its not their right to chase me really that I object to. Its the methods. Its a bit like the old saying. The operation was a success but the patient died. They don't care who gets hurt, and they do not know the history behind it. Then they have not up to now even replied to my request for documents. I do tend to go in with all guns blazing and I always have in a way. I will have to be very careful of that and I thank you for reminding me of it.

[Amethyst]

Re: Fraudulent misrepresentation and Prenuptial agreement

They won't reply to your request for documents because they already have judgment. The CPR doesn't apply and a CCA request is invalid once an agreement has been terminated and has a judgement.

IF/When you get it setaside ( If there is a good case for doing so ) then the CPR and CCA requests will become valid so you can send them again at that point.

[Openlaw15]

Re: Fraudulent misrepresentation and Prenuptial agreement

Thank you for your posts and advice. Its not their right to chase me really that I object to. Its the methods. Its a bit like the old saying. The operation was a success but the patient died. They don't care who gets hurt, and they do not know the history behind it. Then they have not up to now even replied to my request for documents. I do tend to go in with all guns blazing and I always have in a way. I will have to be very careful of that and I thank you for reminding me of it.

i don't look on the law as moral - i look at it can it help me in my situation.. if not, it's bad law :P am j/k

[Openlaw15]

Re: Fraudulent misrepresentation and Prenuptial agreement

Thank you for your posts and advice. Its not their right to chase me really that I object to. Its the methods. Its a bit like the old saying. The operation was a success but the patient died. They don't care who gets hurt, and they do not know the history behind it. Then they have not up to now even replied to my request for documents. I do tend to go in with all guns blazing and I always have in a way. I will have to be very careful of that and I thank you for reminding me of it.

James hmm I am helping you to be assertive with your rights in property law. However, you must remember in court you cannot go in 'all guns blazing.' Remember where you are and whom you're addressing. Instead go in armed, equipped - but be objective. If you go in all gung ho, i fear you'll get the wrong outcome. Please be objective, as we say in law - the reasonable person standard, that is someone else in your position who is not you, ie who's not emotionally invested, affected. Be smart, shrewd....but have respect for the court authorities.

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

They won't reply to your request for documents because they already have judgment. The CPR doesn't apply and a CCA request is invalid once an agreement has been terminated and has a judgement.

IF/When you get it setaside ( If there is a good case for doing so ) then the CPR and CCA requests will become valid so you can send them again at that point.

I see, Well if nothing else the learning curve increases for me. Thank you for that information

- - - Updated - - -

James hmm I am helping you to be assertive with your rights in property law. However, you must remember in court you cannot go in 'all guns blazing.' Remember where you are and whom you're addressing. Instead go in armed, equipped - but be objective. If you go in all gung ho, i fear you'll get the wrong outcome. Please be objective, as we say in law - the reasonable person standard, that is someone else in your position who is not you, ie who's not emotionally invested, affected. Be smart, shrewd....but have respect for the court authorities.

If I do get to court I will remember your words. And thank you again

[Openlaw15]

Re: Fraudulent misrepresentation and Prenuptial agreement

I see, Well if nothing else the learning curve increases for me. Thank you for that information

- - - Updated - - -


If I do get to court I will remember your words. And thank you again

James, whose name/s (ie which debtors?) is mentioned on the Charge order document?

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

James, whose name/s (ie which debtors?) is mentioned on the Charge order document?

Sorry in my delay I haven't been on today. There is only my name on that apart from Cabot of course.

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

They won't reply to your request for documents because they already have judgment. The CPR doesn't apply and a CCA request is invalid once an agreement has been terminated and has a judgement.

IF/When you get it setaside ( If there is a good case for doing so ) then the CPR and CCA requests will become valid so you can send them again at that point.

I don't really think this means anything unless they want my signature for some unscrupulous reason but I will post it anyway. Today they returned my requests for the 31.14. Now I am assuming the one's they have sent back are the copies I sent to the solicitors, (Restons). The point is though I also sent one to Cabot with a one pound postal order which they haven't sent back to me nor a copy of that letter which also has only my printed name on it. this was my very first request. Righteous indignation at my lack of signature my well be correct but What of my postal order one wonders? If my name is printed is that wrong? Do I have to sign a 31.14 when the people I am writing to might not even have any documents. I am curious if that is ok

-------------------------------------------------------------------


RESTON⁵
SOLICITORS

Trinity Chambers 800 Mandarin Court Centre Park
Warrington WA1 1GG
Fax: 01925 417 517
DX: 1 7770 Warrington
Please reply to: Miss E McCartney
Telephone number: 01925 661688 Reference number:
Thursday January 07, 201 6






Dear Sir
Cabot Financial (UK) Limited v.------------------------
Please find enclosed a draft letter which purports to come from you but which is unsigned.
You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it.
Please ensure that all documentation is signed failing which we will not acknowledge receipt nor provide any response.

Yours faithfully, ] Miss E McCartney, Case Manager pp Restons Solicitors Limited

Restons Solicitors Limited Company No 05584055
T/A Restons Solicitors I i 'X" . ' Registered in England and Wales
Directors: LCX cel w 7 $ % INVESTORS Registered office as above
Christopher J Reston MA Oxon Practice Management Standard ^: >4 £ IN PFOPl F Restons Solicitors Limited is authorised and regulated by the
Sara C Reston LLB Law society •• Solicitors Regulation Authority No. 425555
Nigel P Coe BA
Telephone calls may be recorded for the purposes of Quality Control and Training. We do not accept service of documents or proceedings by Fax or Email

- - - Updated - - -

The postal order was for one pound

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

Okay good. Tomorrow ring the court - give them the claim number, and ask them if they could send you the original claim ( they might not or they might charge you £5/£10 ) and also check with them about transferring to your local court. Tell them you intend to submit a witness statement defending against the final charging order and possibly apply to set aside the original judgment as you had no knowledge of any claim until you received the documents about the charge.

Then let us know what they say ok. xxx


And thank you for your kind comments

I had done this email to send to them as the court told me. I have posted it here for you just to check for me so I don't get it wrong. Hope I am not being to intrusive but if you might do it today I can make sure its there for Monday and well inside the allocated time limit.
Thank you again for your assistance.

--------------------------------------------------

In the County Court at King’s Lynn
Claim Number	***************
Date	* December 2015

Interim charging order

CABOT FINANCIAL (UK) LIMITED	1st Claiment Ref
**********************************	1st Defendant

On * December 2015, District Judge Rogers considered the application of the claimant ('the judgment creditor’), from which it appears:

1. A judgment or order given on ** October 2015 by the County Court Business Centre in claim no. **********, ordered the defendant ('the judgment debtor’) to pay money to the judgment creditor;

1. The application will be heard at **** PM on ** January 2016 at the County Court at King’s Lynn, Chequer House, 12 King Street, Kings Lynn, Norfolk, PE30 1ES when a judge will decide whether the charge created by this order should continue (with or without modification) or should be discharged.
2. I would like to ask if you could possibly Transfer this to a more local court in the *****. ******* area as Kings Lynn is 300 miles away.
3. I would also respectfully request if you could send me the original claim. I realise that there may be a small cost involved for this and I have added my telephone number so that I can pay over the phone.

Telephone ************************************
It is my intention to submit a witness statement defending against the final charging order and possibly apply to set aside the original judgment because I had no knowledge of any claim until I received documents.
I thank you in anticipation and look forward to hearing from you.
******* ******* **********

[Amethyst]

Re: Fraudulent misrepresentation and Prenuptial agreement

Okay
Subject:

URGENT. Hearing on xx/01/2015 Claim Ref: xXXXXXX

Body:

For attention of the Court Manager:

Claim No: xxxxxxxx - Cabot Financial (UK) Ltd v xxxxxxxxxxxxxxxxxxxxxx

Further to my recent telephone call to Kings Lynn County court I would respectfully like to request the claim be transferred to the County Court at xxxxxxxxxxxxxxxxxx and relisted for hearing.

Kings Lynn County Court is over 300 miles away from myself, I am a litigant in person and the defendant in this case. I am unable to afford travel to Kings Lynn to attend. I intend to submit a Witness Statement in support of my defence of making a final charge on my property and attend the hearing.

I would also like to make the court aware that I will be submitting an application to set-aside the original judgment in this case, as I had no knowledge of any court proceedings before receiving documents from the Land Registry. I would be grateful if the Court could send me a copy of the original claim. I realise there may be a small cost for this and I have added my telephone number if needed so I may make payment by debit card over the phone.

I thank you in anticipation and look forward to hearing from you.

xxxxxxxxxxxxxxxxxxxxxxxxxxx
Defendant

Telephone xxxxxxxxxxxxxxxxxxxxxxxx

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

Okay
Subject:

URGENT. Hearing on xx/01/2015 Claim Ref: xXXXXXX

Body:

For attention of the Court Manager:

Claim No: xxxxxxxx - Cabot Financial (UK) Ltd v xxxxxxxxxxxxxxxxxxxxxx

Further to my recent telephone call to Kings Lynn County court I would respectfully like to request the claim be transferred to the County Court at xxxxxxxxxxxxxxxxxx and relisted for hearing.

Kings Lynn County Court is over 300 miles away from myself, I am a litigant in person and the defendant in this case. I am unable to afford travel to Kings Lynn to attend. I intend to submit a Witness Statement in support of my defence of making a final charge on my property and attend the hearing.

I would also like to make the court aware that I will be submitting an application to set-aside the original judgment in this case, as I had no knowledge of any court proceedings before receiving documents from the Land Registry. I would be grateful if the Court could send me a copy of the original claim. I realise there may be a small cost for this and I have added my telephone number if needed so I may make payment by debit card over the phone.

I thank you in anticipation and look forward to hearing from you.

xxxxxxxxxxxxxxxxxxxxxxxxxxx
Defendant

Telephone xxxxxxxxxxxxxxxxxxxxxxxx

Thank you for making the finer points to my email. I will send it first thing and post the reply as soon as I get it.

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

The enclosed Order is an interim Order made without prior notice to you and without a court hearing. You will see that the court has listed the application for a hearing when a Judge will consider whether the Order should continue and be confirmed as a Final Order.
If you wish to object to the interim order being made a final order you must file with the court written evidence stating the grounds of your objection not less than 7days before the hearing, and send a copy to the judgment creditor (Rule 73.8 (1)),

I do not want to get this wrong so I just need to make sure I have not missed anything if that's ok.
I have not heard back from the courts yet but the last day I could actually post a letter to get to court before the deadline would be tomorrow night. Maybe Thursday registered because of the week-end. My questions are as follows.
Does my email serve as my objection. That now filed. It asks for written evidence. Does that mean I have to send the email as a letter. Do I also have to send Restons a copy to? (73.8 (1)) Do I have to write my witness before this 7 days or are we allowed to do that for the court date. I am just so concerned that I do not mess things up.
I am really grateful for all your help and understanding.

[Openlaw15]

Re: Fraudulent misrepresentation and Prenuptial agreement

I do not want to get this wrong so I just need to make sure I have not missed anything if that's ok.
I have not heard back from the courts yet but the last day I could actually post a letter to get to court before the deadline would be tomorrow night. Maybe Thursday registered because of the week-end. My questions are as follows.
Does my email serve as my objection. That now filed. It asks for written evidence. Does that mean I have to send the email as a letter. Do I also have to send Restons a copy to? (73.8 (1)) Do I have to write my witness before this 7 days or are we allowed to do that for the court date. I am just so concerned that I do not mess things up.
I am really grateful for all your help and understanding.

"Further consideration of the application

Civil Procedure Rules 73.8

(1) If any person objects to the court making a final charging order, he must –
(a) file; and

(b) serve on the applicant;

written evidence stating the grounds of his objections, not less than 7 days before the hearing.

(2) At the hearing the court may –
(a) make a final charging order confirming that the charge imposed by the interim charging order shall continue, with or without modification;

(b) discharge the interim charging order and dismiss the application;

(c) decide any issues in dispute between the parties, or between any of the parties and any other person who objects to the court making a final charging order; or

(d) direct a trial of any such issues, and if necessary give directions.


(3) If the court makes a final charging order which charges securities other than securities held in court, the order will include a stop notice unless the court otherwise orders.
(Section III of this Part contains provisions about stop notices.)

(4) Any order made at the hearing must be served on all the persons on whom the interim charging order was required to be served."

https://www.justice.gov.uk/courts/pr...art73#IDA1RUBB

[Amethyst]

Re: Fraudulent misrepresentation and Prenuptial agreement

Give the court a call and see if they have received your letter.

Have you thought any more about whether you will be applying to set aside the judgment ? or just defend the final charging order?

Written Evidence means your witness statement, will give you a hand with it - but need to know if the hearing is proceeding at Kings Lynn or if it is being moved.

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

Give the court a call and see if they have received your letter.

Have you thought any more about whether you will be applying to set aside the judgment ? or just defend the final charging order?

Written Evidence means your witness statement, will give you a hand with it - but need to know if the hearing is proceeding at Kings Lynn or if it is being moved.

It wasn't a letter it was an email I sent. that was what made me wonder if that was enough.
I know they said to email them but I was concerned. I think I want to try and fight it if you think that is for the best. But if I have to ask for it to be moved to another court do I not need to follow the steps and send my request with a witness statement. I will do whatever you all think is best.