multitrackhelp
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Everything posted by multitrackhelp
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Other party not carried out a direction
multitrackhelp replied to multitrackhelp's topic in General Legal Issues
Sorry being vague it's for Serving Disclosure Lists. They should have done it 7 days ago -
Other party not carried out a direction
multitrackhelp replied to multitrackhelp's topic in General Legal Issues
It was in relation to evidence -
Hi If a party fails to carry out a direction ordered by the judge and Other side has, should I write to the court and advise them? Can the court sanction the other side ( it's not on the smalls claims track)
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Hi, I am defending a multi track case and i have the DQ form: formfinder.hmctsformfinder.justice.gov.uk/n181-eng.pdf Am ok with the rest of the form but it is asking for draft directions, i have looked on google, can anyone point me as what draft directions i should be looking at putting forward?
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I wouldn't use the term lying . The term falsehood is more appropriate. The point being if a claimaint can be shown with evidence to be have misled the court then this should be driven home
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Yes but it's a separate issue. However I have taken your advice on board. Thanks
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Andy, In this case i believe i have to reference the fact i have certain items which will prove the claimant is effect lying, but i will edit the defence to remove references to any material i have except where it is essential
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Hi I am just in the process of writing a defence to a claim. As you are aware you dont include evidence with the actual defence submission. I will be providing a fair bit of evidence in the defence of a claim against me. Should I at this stage in the defence statement when referring to evidence list the evidence as say "in exhibit 1 i will show the claimant to be untruthful", or should i be more generic and say the evidence I shall produce will show the claimant to be untruthful Which sounds better and which would be easier for the court to follow?
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Thank you Andy for that succinct reply. Appreciated. I think I will leave it at that
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Yes it's a fair strategy. I want to put them to as much expense and difficulty as possible.
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The initial directions from the judge don't mention this........ I have read on tinterweb a case where the claimant was instructed to pay the correct fee with directions questions. I guess I don't want the chance of this happening to be missed. Of course the judge might accept there is no need for a further fee to be paid
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Will I need to bring it to the courts attention
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Hi i will be going bankrupt in any case as i owe over 35k in unsecured debt and have no assets, Yes i received an order from the judge yesterday morning saying it was not suitable for a part 8 claim and should continue as if it had been on Part 7 So with the above i am not bothered about what the losing amount is,. the hearing fee as it will be on multi track is 1k
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I simply want to force him to pay the full fee . Will be an extra 1k which may make him think twice
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Hi If a case has been issued using part 8, but a court rules part 8 is not suitable and that it should go onto part 7. The party has paid a fee on Part 8 that is substantially lower then it would be on a part 7 claim (4.5% of the amount claimed as its a large amount) Should the court be asked that the claimant pay the correct fee. ( An order has been produced which makes no mention of the fee) Is it worth bringing it to the courts attention, ? Any suggestions welcome
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Proving Beneficial Interest
multitrackhelp replied to multitrackhelp's topic in General Legal Issues
I wish it was -
Proving Beneficial Interest
multitrackhelp replied to multitrackhelp's topic in General Legal Issues
I think I might have mis read something so ignore that I am going to do the oral examination route then see what they throws up. Then HCEO if needed Thanks everyone for helping out on this subject -
Proving Beneficial Interest
multitrackhelp replied to multitrackhelp's topic in General Legal Issues
I will go down the oral examination route now. -
Proving Beneficial Interest
multitrackhelp replied to multitrackhelp's topic in General Legal Issues
My only option would be to attempt to make him bankcrupt as the gift would be classed as a transaction under value and there is another section in insolvency act about defrauding creditors ( not in the criminal sense) which means the gift could be reversed. But that would be very costly and no guarantee the receiver/IP could prove it or even investigate it -
Proving Beneficial Interest
multitrackhelp replied to multitrackhelp's topic in General Legal Issues
The property is owned outright by the mrs. I believe he gave her cash towards the purchase price and it's in her sole name -
Proving Beneficial Interest
multitrackhelp replied to multitrackhelp's topic in General Legal Issues
Hi. Do you mean equitable interest or beneficial interest. I was led to believe they are two different things. Am.i wrong? From what I know those with equitable interest also hold the legal title. Please correct me if I am wrong If you do actually mean beneficial interest I believe that he used money and put in his partners property for the purchase as a way of hiding it. -
Proving Beneficial Interest
multitrackhelp replied to multitrackhelp's topic in General Legal Issues
I have decided to do this, although knowing they are as slippery as an eel, it is worth and shot , i believe i can be there to ask the questions so i shall be doing that -
Proving Beneficial Interest
multitrackhelp replied to multitrackhelp's topic in General Legal Issues
I believe so but no idea where or what -
Proving Beneficial Interest
multitrackhelp replied to multitrackhelp's topic in General Legal Issues
I have spoken to a couple of HCEO firms , they have advised they can help, however i advised that i believed most of the debtors assets to be in their partners name, there was little they could. Could seize a car if of value but again i dont think this would have been in their name I think if i want to recover this money i may have to see a solicitor and show them the proof i have , see if i can get 30 mins free advice.
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