I dont know your age your circumstance or life situations, however if I were you I would sell my car for the money and own my freehold and walk everywhere until I could buy a new car! Just my own thoughts. A question? is this a single dwelling house we are talking about? khemist

My new neighbor blocked my buying of the freehold by agreeing and purchasing a new lease for 125 years @ a cost of 17000 pounds plus legal costs - total 20.000 - WE COULD HAVE BOUGHT THE FREEHOLD FOR 1000 POUNDS - but she is single with no kids - and her words were 'I have no one to leave it to anyway!!!' - what a selfish waste - now I cannot buy it without her getting involved and she will not... Now my child suffers, never mind lesson learnt... BUY THE FREEHOLD!!!!!! khemist

Hi Mitch Yes and yes. you own only the lease not the ground, this means when the lease is up it reverts back to the original owner - THE FREEHOLD owner... greasmonkey is correct! Buy the freehold - I wish I could buy my freehold at that cost - [sshhh - the council may have made a mistake - take up their offer FAST!] What this effectively means is: if you tried to sell now your lease would be worthless! and will come with lots of legal complications, however if you own the freehold - especially at 8 x 13quid - you can sell for top money and its all yours... khemist

Hi there if I understand your first post correctly then BUY your freehold no questions asked!! it means you will own the property and the land it sits on - if you don't buy it it WILL revert to the owners of the freehold.. as pointed out in the previous post.

The end of there letter said 'hope this is satisfactory' I want to send in and say NO it is not, OFT here we come...

It hurt me not to be able to send my letter it it a classic bully boy letter just like they send to us

To anyone who finds themselves in this position - stop at nothing until fight fight fight... I hope this serves as a lesson to all DCA's - Play fair!

As I was leaving to go to the post office to post special delivery..... I GOT MY CHEQUE!!!!!! WOO HOO and a big Thank You to you all!!!!! Costs Paid 800 quid............................. khemist

Guess what...

Hello all, I have just finished writing a very suitable letter to lowlife, advising them they have not adhered to the court, that I would exercise my rights to a doorstop collection using a high court officer etc.. etc... if you do not responded within 24hrs of receiving this letter! Also this letter has incurred an admin charge of 25 pounds and each subsequent letter sent will be charged at that rate!!!

I have just been told I will get my money back too... To all who did not know its 100quid to request a warrant of execution from the court.

Lol extremely! will do... khemist

new thread lol!

Thanks CB sending it now - to the original persons name on the SD.

I love the sherforce angle..

absolutely!!!

So how long do I wait? would you all suggest? post has come and no cheque??? khemist

Thanks Andy...

Hi all a little more assistance if I may... I have not received my costs yet, what options do I have if they do not adhere to the courts orders? Thanks all

This may help to understand the process. http://www.consumeractiongroup.co.uk/forum/showthread.php?334524-Lowell-portfolio-served-me-SD-HELP!!!-***-WON-FULL-COSTS-***/page18 read the thread from the beginning. khemist

Cheers DonkeyB

Thank you CB much appreciated Again, if it were not for you guys and girls, I may have buckled under pressure - thanks for being there! khemist

Requested informally? I am just going by what the court has said, I received a letter from the court stating - It is ordered that costs be paid within 14 days. khemist

Here is my write up. Application to set aside a statutory demand. I entered the Den about 25 minutes before it was due to start to find out there had been a solicitor on behalf of the respondent waiting since 9am [time due was 2pm] I was shocked and confused, as I thought there was no chance they would turn up and all my practice was assuming there would be no one there! Boy was I wrong… the solicitor, a woman, said to me I have been instructed to oppose our application and could she admit evidence she has to the court, I said categorically – NO ‘you have had more than enough time to admit anything! I then started to assess my statements, directing them towards the other person [in my mind] We were called in I was told it was my application so I had the floor first. I went through my case point by point – starting with STATUTE BARRED – demonstrating my case, I went straight to the statement of accounts I had entered on behalf of the respondent, and tore it apart for validity and truth, demonstrating that it was nothing more than a desk top publishing exercise by a researcher who was told to produce a fictitious document demonstrating how a database made up statement can look! I then started to refer to the statement as: ‘whoever this belongs to?’ After all my points, the judge said to the solicitor does she care to respond, she said if Madam won’t allow new evidence I can only agree with what he says, she asked again for an adjournment of which I refused. At the beginning of the trial the solicitor asked for an adjournment, I stated no way, they had enough time to produce the info the court asked of them, the judge would not allow it, the judge said ‘ I gave you an unless order you did not comply with.’ I stated if they were not going to comply with the court what chance do I have?]’ I used my evidence of bank statements to prove I did not make any payments as per any dates on the statement and in fact we could not use this statement because it was inconclusive – no name – money in and out without balances changing etc. I asked for a set-aside to be granted with full costs in the indemnity or standard and that I request a bankruptcy restraining order… At the end the judge repeated word for word my statements and said: [ SHE AGREED WITH EVERYTHING I SAID, apart from my request for a bankruptcy restraining order – in which she said she has no powers to affect.] she then said she agreed that I had spent a lot of time researching this issue and that I quoted correctly each case law and statute required [ of which she checked many quote’s I made with various reference books] and each one was precise including – L.I.P. rates change as of October 1st 2011 from 9.25 per hour to 18 per hour. Judge said: I find the appellant to have a fully triable case, the respondent not having submitted any evidence on time has no case, I met ALL the criteria the judge had to use to decide whether or not she could set-aside the application. The judge said: ‘I agree with the applicant in that it was a malicious, frivolous, vexatious claim of which she referred to my witness statement and the judge c boggis reference, and said she agrees this can be set-aside and that Lowell acted unlawfully in pursuing a debt which was in reasonable dispute and is clearly statute barred!’ without adhering to OFT guidelines. Judge said: No deed of assignment Statement of accounts not substantial Statement is rubbish The whole issue is unsatisfactory and unfair Insufficient evidence A genuine triable case on my part No acknowledgements made of my CCA requests under law and statute A draconian method was used in debt collection [she was not happy – Draconian being the judge’s words] No supporting evidence Failed to comply with 3 court orders Including an unless order Statutory instrument used was CPR 48.61 and 6.54d insolvency act These are complicated proceedings and the charges are reasonable on the indemnity basis She agreed that this is a very extreme cause of action and that she will not tolerate the use of the insolvency law for debt collection means [ I quoted this to her earlier] I believe the judge wanted to see justice done in that she read my costs and said it is reasonable all the costs presented should be paid [as long as it’s under the debt amount] – she then ordered it be so. The opposition had nothing to say other than a look of distain on her face. Afterwards the solicitor tried to run but I caught up with her in the lift – she shook my hand and said it was a pleasure to listen to my arguments and that she knows how long it would have taken me a layman to prepare such a defense. I said it took a lot longer than I claimed for, she agreed. I hope this helps someone else to understand the workings of the law and this particular proccess! Khemist Ps I will post my OFT complaint shortly. Thanks again to all who helped me. A question? If they don’t pay my costs within the 14 days ordered can I chase them? Are they committing an offence not to pay? Can they appeal this decision? Is it safe to say its all over?

I tried once to read an IPad book on a small boat along a canal, it kept jumping from horizontal to vertical and that was just lock water turbulence. It was fun though. I never realized at the time there was a lock button! khemist