Litigation & Fraud

[frettful38]

I don't know what the outcome will be but after joining this site, for the first time in 12 years I felt some courage to fight. So we are going to fight this because we have done nothing wrong.

 

 

Edited April 19, 2010 by frettful38

[Dangermouse]

This has clearly caused you a great deal of distress.

 

My advice which you probably dont want to hear, is that the new year is here & it may be best to try and put the past behind you, dust yourself off & get on with your lives.

 

I think you need to take a deep breath & close the door on what seems to be an impossibly complicated problem.

 

 

Dangermouse

[frettful38]

Thanks for the advice dangermouse, as you said it is a new year and this one will be a victorious one for me as for the past 12 years I have to put the past behind and move on but when you have been the victim of such bad injustice it really is hard to forget, believe me I've tried many times.

 

I think it is time to deal with this matter once and for all. You know if this didn't happen I would have been on a repayment mortgage and my life would have been a lot better, I have suffered a lot of unnecessary hardship because of this landlord and his clowns, don't you think I should fight back, I have a lot of evidence to support my case.

 

Wish me luck:)

[jansus]

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/56333-big-claim-aginst-rbos.html

 

 

If you know you are in the right then it is very hard to give up and I can understand your feelings.

 

When you have a couple of hours to spare the above thread may be an insprration to you. It may also provide some interesting info on demanding the information you require.

 

I have no idea whether you should be carrying on your fight - that is up to you but can you explain a little bit more about why the charge was placed on your property and why it caused the bankruptcy?

 

 

By the way - hello fellow oxfordshire poster!

[frettful38]

I will keep all updated because this story could soon turn in to novel, after all we have lost I am gald that I have not lost my sense of humour:)

Edited April 19, 2010 by frettful38

[Dangermouse]

Hi again

 

I agree with Jansus that these things can be hard to let go, especially if you feel you have been a victim of such injustice.

 

The difficulty is how to prove it, cause & affect. You will find on this forum people who will listen and offer advice.

 

Can you tell us a bit more? How good is you evidence?

 

Dangermouse

[frettful38]

Wish me luck everyone and thank you for reading my saga.

Edited April 19, 2010 by frettful38

[Goldlady]

Hi, subbing as I have recently won a commercial case against a former landlord. I finally bit the bullet and issued proceedings a fortnight before it was statute barred. He was banking on us never having the money to fight him and he misjudged us! Great feeling.

 

Are you sure your claim is not statute barred? If I can help with this I will - of course;)

[frettful38]

appy new year to you and your family, may god bless you & your family with health & wealth & a trouble free 2009

Edited April 19, 2010 by frettful38

[frettful38]

and happy new year to all in 12 minutes.

Edited April 19, 2010 by frettful38

[Rooster-UK]

Two threads merged.

 

Please keep to one thread per claim, or users will not know where to pst help. It could result in you missing an essential piece of info.

 

Regards, Rooster.

[frettful38]

Thanks rooster, was not too sure,

 

happy new year

[jansus]

I would have thought the first`info on the charge would be at land registry as there would have to be certain documentation completed to register the charge on the property and or deeds.

 

You can apply on line to get the info I think.

[frettful38]

thanks jansus,

 

I will try and see if I can go online with land registry to see if I can get any information..

[jansus]

I think you will only find the forms on line - but you can obtain a full copy of papers by completing an on line form . If not try calling them they are normally very helpful and if you only want part info and not full copy of all papers it may be cheaper . Maybe you could ask them for the full papers for the charge as the applicant would have had to complete a statement of truth and attach a copy of the court order - I think!

[frettful38]

Janus thanks again, what a excellent bit of advice there, you have given me a few more points to add, your a star:)

 

 

happy new year> thanks again

[lisaf]

Good luck Frettful! - Does sound awfully complicated but boy what an injustice!

Keep strong and a very happy 2009!

Lisa x

[jansus]

have a look at this link it might help.

 

 

Charging Order

 

 

I had to help my sister when her OH registered her interest on the property but did not include her on the mortgage - so had a few dealings with land registry. I found them very helpful so if you explain your problem I am sure they will point you in the right direction.

 

It will be a start.

 

Also on the first thread I gave you Sparkie does give some insight on what data solictors should hold or provide to you.

 

The search button at the top is also useful - if you go to advanced search you could put in say " SAR solicitors" and "time statute barred" and you may read other threads of interest.

[frettful38]

Thanks jansus will do as you have advised and let you know how things go.

[jansus]

Another thought - did you check your credit file for details of the CCJ that resulted in the charge on your property.

 

You will be surprised how far the records go back.

 

Also how did the original £250 increase to £13000 and then £46000?

 

Was this court costs or interest costs and charges?

[jansus]

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/174208-solicitors-exempt-subject-access.html?highlight=SAR+solicitors

 

 

I have also seen some posts by "legalpickle" and have asked him to cast his expert eye over your thread.

 

He knows how o complain about solicitors

Edited January 1, 2009 by jansus

[legalpickle]

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/174208-solicitors-exempt-subject-access.html?highlight=SAR+solicitors

 

 

I have also seen some posts by "legalpickle" and have asked him to cast his expert eye over your thread.

 

He knows how o complain about solicitors

I am not quite sure as to the timeline in this case from the OP's original post. I would never recommend that somebody sue a firm of Solicitor's for their negligent behaviour where the firm was acting for that person. In such a case the best route is the Legal Complaints Service - LCS: Legal Complaints Service home.

 

In addition I do not quite understand how this got to an almost £50k charging order.

 

In order to give more appropriate advice, I would recommend the OP write up a timeline of the events and what happened.

 

I would also definitely not recommend issuing a claim without legal advice where you are not a legal expert in an issue that is so big. The risk of costs is very high.

 

From what I've read so far, I would say the LCS is the best way to go, but to give accurate advice, I'd need to know more details.

[frettful38]

ou for taking an interest in my case jansus and legalpickle. I appreciate any advice you give,

Edited April 19, 2010 by frettful38

[legalpickle]

Thanks very much jansus and legal pickle, like I said in original thread I have tried getting advice from everywhere and I mean everywhere, No solicitor wanted to take my case, some were for a fee, but that we did not have, been to several advice centers, complained to the law society, written to the bro prono, you name it we done it even these LCS people you said. But I am determined to do this and I believe very strongly that something good will come out of this. I mean look already God has sent me two people who are looking and listening to me. God help those who help themselves so that's what I am doing and hopefully 2009 will be an end to my financial worries.

How did you approach the LCS? The LCS is the complaints body for complaints against Solicitors. If you use them you are meant to make a complaint to them, they don't represent you in court or anything like that.

They can tell the firm to pay you compensation. If they think the firm should be told off big time they can refer the matter to the Solicitors Regulation Authority.

 

If you made a complaint to the LCS why did they reject it? If you didn't then why not?

 

One thing that worries me is one of your previous posts regarding the statute of limitations. You wrote something like no bar will bar me from taking this case further. If it is statute barred then taking the case to court would be considered an abuse of process and could hold you in contempt of court.

 

I can understand your advice as I have heard this many times before but I still value any opinion.

If you've heard it from more people than one, I suggest you take the advice. I've been burnt in cases and had to pay substantial costs, because I did not understand the law behind the cases. Now I only deal with cases that fit into Contract Law because I understand that area better than any other area of Law.

 

I seriously recommend that you assess this matter not on your personal feelings - which I sympathize with - but on it's chances of success from a balanced viewpoint. When you post a breakdown of what has happened [if you've issued the proceedings then also your Particulars of Claim - without any confidential information] I will tell you what I think.

 

I am not suing this solicitor for his behavior or his firm, I am suing him for the reason being that he deliberately misled me, gave me false hope and promised me on several occasions that my husbands bankruptcy would not have any implications on me. I did not need to worry and my house would be safe.

If the Solicitor works for a firm, then the firm is liable, not the individual Solicitor.

 

Do you have evidence that he promised this to you? Because I would find this hard to believe. Even I know that a spouses bankruptcy would affect the spouse! And my knowledge of bankruptcy is very limited.

 

This is a very complicated case. I will give details to this case step by step. Plus I am on disability allowance and income support because this case has has left me mentally crippled. I will post details in a short while.

Whilst I sympathize with you a lot on this, I am physically disabled; if this is such a complicated case then I seriously suggest you try and find a Solicitor to represent you - even if it requires paying them, which it most likely will - or drop the case.

 

They will use everything against you, including the "mentally crippled" - in your words.

 

Thank you for taking an interest in my case jansus and legalpickle. I appreciate any advice you give,

No problem, to give more accurate advice I need to know what happened & when, then I will happily try and help, but as I have said earlier, this sounds too risky for somebody without a lot of legal expertise.

[jansus]

Having a timeline as LP has suggested would help us to understand a little better.

 

I am guessing that because you talk on landlords and mortgages that your husband had a business and a lease on a property seperate to your marital home.

 

His business had problems and there were arrears with rent and his landlord took him to court? Then as a result of the court case put a charge on your property?

 

At some point a rental agreement was changed into your name?

 

At somepoint the debt on the charge rose from £250 to £46000?

 

At some point your husband was declared bankrupt and you had to re-mortgage the house with a sub-prime lender to clear the debt?

 

Were there any other business debts - was this a LTD company?

 

A Timeline explaining the circumstances would be helpful.