I know. That's why I'm appealing. The C lost Im filling out a 161 form

I've been searching online for guidance Is it a 161 form? Any advice on how to fill in? Do I need permission? Case was/is in High Court. I only want to appeal the order for costs - not the ruling. On the basis that C lost - they did not get summary judgment.

I made a big mistake. No summary judgment against me. The other side totally lost. I just didn't really understand what happened. Order was explained to me today by a pro-bono lawyer. Now I need to appeal the costs awarded against me. Does anyone know what form I need to use?? (Civil)

I'm not sure. I borrowed £s charged against a property, didn't repay. A consent order changed the terms. But still need to repay £s by selling the property. The otherside are refusing to sell it. Until the litigation they caused - by breaching the lease - is resolved. But by resolved I mean they want it resolved on their terms not the freeholders! As in, they want the freeholders to change the clauses in the lease that they breached. And they refuse to pay any costs despite the lease dictates they do due to the breaches. We are just going round in circles. Meanwhile every day adds costs to my debt.

Yes it is confusing! The otherside raised a debt claim for large £s. But a pro-bono advisor for me read all the papers and realised an earlier claim in a different court had precedence. The judge agreed. He ruled the original loan t&cs had ended due to a consent order between the parties being agreed. One contract ended, new one started. When I later defaulted on the co - just statutory interest should be applied from then. Judge gave 28 days to amend defence / counterclaim on basis I'm now defending a different contract and different £s.

Ok I suspect they will immediately take further action. What will be their options? I have 3w to submit amended defence/ counterclaim. Could they preempt that by submitting a SD for non-payment of costs?

Yes. So how do I best deal with inability to pay now? Can I make a separate application to the court for time to pay To be clear the otherside are going to fight me aggressively.

The otherside are being difficult on purpose. The case hasn't concluded - but a) I was asked to remotely attend a very short-notice preliminary remote hearing. I had made an application for time to get legal help - the judge denied my request, awarded the costs of my application against me but reserved right to order costs pending the summary judgment hearing, which he ordered to go ahead as planned, Then b) at the summary hearing a few days later I successfully presented a legal argument which led to him giving 28 days to amend defence/ counterclaim - but he still gave summary judgment and awarded huge costs against me. His ruling was good for me. My argument led to my debt being significantly reduced. But 1st I must continue my argument and 2ndly the property must be marketed for sale so I can repay the debt. And this is where the otherside are being difficult. On costs - they drafted the order and left out the timing to pay - even though the judge knew I couldnt pay and said he wasn't granting costs on an 'unless' basis. I assume they left timing to pay deliberately. Is there a cpr rule that forces one to pay costs within x days, say 14 days? I cannot pay. Can't even contribute a tiny %. On selling: the otherside are refusing to market the property for sale - haven't done all year.

The Judge didn't specify a date, knew I can't pay. The otherside raised the draft order, as I was w/o counsel, which included costs payable but they put no date on it. The judge granted 28 days for my amended defence/counterclaim. Which I intend to do. But my ability to pay the costs order depends on selling a property. Which the otherside are refusing to do

Things changed with very short notice, the needing to be in 2 places didn't cut it with court - had to attend remotely. Judge agreed with a point of law I made. Now have a few more weeks to make amendments to my defence. But judge still gave me costs to pay in the meantime. The otherside are expecting payment. Is there a form to submit if one can't pay?

I haven't had the paperwork yet but the court advised on the phone that the hearing has been vacated and changed to 1st available remote hearing Which gives me time to assess The next question relates to property law. If there's anyone that has a head for such detail? The freeholders issued a s.146 forfeiture on the leaseholder. The lender served a counterclaim. However, the law states only a freeholder can only serve a s.146 on a leaseholder. And similarly only a leaseholder can serve the counterclaim on the freeholder. Which made the lender's counterclaim invalid. Yet the lender carried on with issuing a claim for relief using s.146 (4). I understand this to mean that anyone with an interest in the lease can raise a claim for relief. Is this correct? As this is what they have done. And what the freeholders are now defending. The questions I have are: 1. Have they by default stepped into the leaseholder's shoes, as m-in-p, to make this claim? 2. If the leaseholder decides to give up and instead make an application for B'cruptcy on the Gov website - would both legal claims stop? A) The lender debt claim against the leaseholder? and B) the lender claim for relief against the freeholders? What the leaseholder doesn't want to happen is that the B process is started and the lease sold by the OR and shortfall/ debt wiped - yet the lender continues to fight the freeholders and gets the freehold via a wasted costs court order for payment - so then they hold the cards against any new leaseholder... That would be awful!! Would the OR consider both claims related and ask the court to stop both?

Yes thank you. I could specifically relate to something their lawyer did on purpose and against court directions to create an untenable situation for me. Plus a few other things added in for good measure. I have also asked to relocate to my area. I'm no expert - but is that a reasonable request for an individual under huge pressure to be elsewhere?

One lease yes.

Ok it so complicated to explain though. I have 2 cases: One is personal - which was money borrowed/ secured on a lease property. Property repossessed. But after 4y still not sold. Lender and lpa receiver refused to sell, despite willing buyer. Interest still accruing. Instead they chose to completely redevelop it, added huge cost of works to my debt. They doubled my debt. Not even marketing for sale for 2y+ Now made application for summary judgment for total amount. Other is fiduciary - instead of selling the lender chose to gut the property which was serious breach of lease. Freeholders served them with s.146 for forfeiture. It's going through courts as they made a relief claim and freeholders going for lease to be extinguished. Freehold is protected in a Trust and I'm one of the trustees (not beneficiary). I've been handling this too. They should have sold the lease asset 4y ago - and there'd be no debt. Gutting it jeopardized the security and unnecessarily doubled my debt. They are just trying to bankrupt me for a debt they created. That's what this summary judgment is about. And I want to write to judge to say how bad their behaviour is, the debt should be capped excluding their ridiculous costs and interest, and the property marketed for sale - and let the incoming buyer lawyers deal with the breaches/ remedies (if poss) with the freeholders... or for the whole claim to be put on hold until the freeholders claim is settled one way or another...

Sorry dx. I don't mean to hide stuff It's just been such a unique situation that to discuss openly on a public forum may be detrimental. I've had a court situation before when the opposition confronted me with my posts

I need some urgent help please. Been embroiled in very complicated litigation for several years. Had legal help but recently been let down so am trying to handle alone before I get fresh legal (Pro bono) help. But am under time pressure. Right now a claimant made an application for summary judgment against me. Old lawyer was notified but took 5 days to forward it to me. I immediately drafted a letter to judge - few pages asking for time to find new lawyer and the precise reasons why their application should be be struck out. But court email replied they wouldn't forward to judge unless letter was attached to a form with fee payment made. Firstly - I'm not sure what form to use? I kinda figured a n244 ? But am really not sure as I just wanted my letter to go to the judge, not to the Claimant. And the n244 says I have to "serve" my application on everyone. It took me hours to figure out how to edit a PDF. I had to download a free trial. I'm trying to do that now. But am confused with all the form questions. And also if this is really the form to use? Is there a way to just write to the judge? So I've spent half the day trying to get head round this. And trying to decide if I have to send letter to Claimant too then I'll have to slightly re-word my letter. Do I have to send a n244 application/ letter to the otherside simultaneously as to court? Secondly, whilst I've been trying to figure out the form - the old lawyer just forwarded a 2nd doc from court that says judge already read claimant application yesterday and set a hearing date in a few weeks time. What I want is to - apply for summary judgment to be set aside - any future hearings be heard in my local court - ask for minimum 4w time extension to enable me to sort fresh legal help - but equally ask for the Claimant's claim be "stayed" until an associated claim is settled. Is this all possible? This is where it gets complicated. The other associated claim is really serious and could adversely affect the Claimant. But they are a huge well funded institution and are abusing the system against me. They are deliberately rushing forwards the claim against me personally, giving me no time to prepare, also with a court 00s of miles away. Whilst dragging out the serious claim against them - via court time extensions and last minute delays. They are trying to manipulate the system so that both claims need my simultaneous attention or even simultaneous court attendance in different locations. It's both overwhelming and physically/ mentally impossible to cope. As an example - they already delayed the serious claim a lot - 2 time extensions/ by 2 months - so the judge refused any more. Then a couple hours before a joint doc submission deadline they suddenly asked for another extension and made an application to the court. They did this deliberately. They want to delay evidence in this claim until after the judgment hearing. So I want to tell the judge this - and get the summary judgment against me stayed until the serious claim is settled. Is that do-able? Also - I need to make sure old lawyer is not sent legal stuff anymore. Doing more damage than good by being on the record. How do I do that? Don't really want to be litigant in person. But have no choice til I get fresh legal help

How you force a lender to market and sell a property that they repossessed? And how do you fight the realistic level of debt (w/o lawyers) ? Lender behaved appallingly for more than 3y.

Badtimes - the judge gave an Order that the £s in kids account to be refunded and that the remaining £s - only apx £400 - were to remain frozen until I complied with the claimant request for more info. I complied as said above. It's just that the £s haven't been returned. It seems a bit catch-22. The claimant lawyer wanted even more info - which the original order didn't ask for - and unless I gave more info they wouldn't close the TPDO. It doesn't seem correct that a claimant should hold so much power and a TPDO could remain there for years? This is why I'm wondering if I should write to the judge and ask him to bring closure - give an Order. I consider I did enough to show transparency and no hidden £s/ assets

Skintbadger This site is very useful for a lot of people and one really should stick to being helpful and kind to others. And refrain from personal comments - unless they are positive !

Not that I am aware of HB? This is the first time, I think and hope, that I am addressing this issue.

Skintbadger - No I am not hiding any assets or £s. And No to bankruptcy either. I'm not angry with your comment - but you are being both judgmental and fantastically speculative about a stranger. If you have a valid response to my comment today, then great. If not, please sssh.

Hello I'm just looking at an old debt to check if due process was followed correctly. A few years ago a large financial institution gave me 2 short-term loans with two separate registered entities/companies [lets call them Company A and Company B] under its parent hat. The loan in Company A was considerably larger than the loan in Company B. Both loans had the same repayment date.. I didn't repay either of the loans by the due date. Fast forward many months and a legal claim arrived from lawyers acting for only one of the companies, Company B. When I looked through the papers I noted that the lawyers had 'consolidated the two loans together as one big loan. They had assigned the larger value loan in Company A into the lower value loan in Company B. But they had never notified me. Never sent any notice of Default on either loan. Never sent me a Notice of Assignment. I had no idea at all that this had happened. Their legal papers showed that: a) they considered one loan to be in Default on the payment due date - e.g: 29.04. b) they allegedly had made a Demand on the 30.04 c) they had assigned the larger value loan in Company A into Company B - by way of a deed of Assignment on 05.05. d) they were now claiming one huge consolidated loan all in Company B. My memory is a bit hazy. Aren't companies supposed to wait a certain amount of days from Default to Demand to Notice of Assignment? In this instance they allegedly assigned one debt into a completely different entity in just 5 days. Can they do that? Or did they effectively invalidate the loan that was in Company A ??

Hi Just trying to understand what I should do next with this situation? £s were grabbed via the TPDO. I successfully got most of the £s back. But a small amount - apx £400 - is frozen, sitting in a special TPDO account at the bank. And has been for 5 months. I complied with the claimants request for further info - twice. Twice because at the first response they weren't satisfied and asked for further clarity. I was claiming hardship and no income and in need of the £s.. At first they just wanted 3 months info. After complying with everything they requested, they then asked for 6 months info. They now said they'd only agree to cancel the TPDO if I complied with giving them 6 months info. If I didn't comply they reserved the right to make an application to the court to ask for more info. It is ridiculous situation. I clearly proved I did not have the £s to repay the claimant (a large sum). And clearly proved hardship. I would like to have back the frozen £s that are just sitting in the bank. And would like the TPDO closed. Can I write to the Judge and ask him to now make an Order to release £s/ close the TPDO? It doesn't seem right that this claim isn't closed. It makes me very nervous to have an open-ended TPDO. Advice welcomed

There wasn't a transfer between the tpdo account and the parachute account

Thanks. Yes I understand. The judge/ creditor ordered 3months of bank statements specifically for the account subject to the tpdo up to the time of freezing. That I did. Plus extra info on benefits and tax returns etc. I didn't disclose the new parachute account in different bank. They didn't ask me to and there was only teeny amount in it. There's no debit card for it. I was owed some £s which came in after the tpdo and now sits in the parachute account. The £s will help pay some DDs for next few months. I would also like to understand creditors rights over pensions though? I've recently read legal precedent cases which state creditors can claim/ grab the 25% tax-free-lump-sum from pension funds. But I took/ used my 25%. Is the remaining pension fund protected? Or vulnerable to creditors? I would like clarity on this. Pensions are supposed to help one from retirement to death - not leave one with zero to live off. I may need to take a small pension from Apr 6 (under personal allowance) to help survive. I won't take it if this creditor can claim it.