Unfair Judgement? - about a boundary dispute with a neighbour

[ThedaBara]

Hmmm… curiouser and curiouser… some really dodgy goings on at the court… hopefully it will all come out very soon!!

[Guest]

Hmmm… curiouser and curiouser… some really dodgy goings on at the court… hopefully it will all come out very soon!!

 

care to elaborate a bit for now, or is it something for later in good time

[ThedaBara]

care to elaborate a bit for now, or is it something for later in good time

 

I just spent 2 hours providing a full and detailed answer to your question and it disappeared into cyberspace as the log in had timed out...I don't know if it is retrievable by the site moderators.. but I have lost the will to live now…

 

I will try again once I've recovered and had some breakfast.

 

TB

[ThedaBara]

care to elaborate a bit for now, or is it something for later in good time

 

In a nutshell…

 

The court has just written to say that it 'made a mistake' when it failed to issue my defence/counterclaim at the hearing for the final charging order…it has now managed to 'find' the missing documents which it swore blind I'd not provided...

 

It has apologised… well, whoopee doo… "Sorry" isn't going to give me back my sanity!!

 

I feel a set aside coming on….

 

TB

[Ganymede]

Refresh my memory please, what Order are you wanting to set aside?

 

What was your counter claim for?

[AndyOrch]

In a nutshell…

 

The court has just written to say that it 'made a mistake' when it failed to issue my defence/counterclaim at the hearing for the final charging order…it has now managed to 'find' the missing documents which it swore blind I'd not provided...

 

It has apologised… well, whoopee doo… "Sorry" isn't going to give me back my sanity!!

 

I feel a set aside coming on….

 

TB

 

Defence and counters claims would be irrelevant at a FCO hearing ?

 

Andy

[ThedaBara]

Refresh my memory please, what Order are you wanting to set aside?

 

What was your counter claim for?

 

Please see below...

[ThedaBara]

Defence and counters claims would be irrelevant at a FCO hearing ?

 

Andy

 

Hi Andy & Ganymede…

 

Andy, I'm not sure what you mean, but I hope to rely on CPR Part 73. 8 () & (d)… (please see below)…

 

I know it's probably unusual to be defending/counterclaiming against a CO, but some months before the JC applied for his Interim Charging Order, we put our property on the market in order to pay the JC's debt, legal fees of around £30k… we have no savings or other assets…

 

The house went on the market in January 2014.

 

We found a buyer in March and by June when we were just about to exchange contracts, the JC who is a neighbour, contacted our buyers and tried to sell them a piece of land at a very inflated price… £50k for literally a few yards of land containing our septic tank.

 

When they (naturally) refused his offer, he then went on to say that our septic tank was leaking over his land, (a complete lie), and that he would pursue them through the courts if they went ahead with the purchase of our house.

 

They withdrew, saying they had no wish to live next to such horrible neighbours and cited his extremely threatening behaviour as the reason for pulling out.

 

We didn't want to sell, and it was a genuine intention to settle the debt and make the best of a bad situation… This person cheated me out of the land in the first place by bribing the land agent to reveal my sealed bid ten years ago… He admitted it to my face...I am not the crook here, all I did was try to register the land which I had used for 10 years by adverse possession.

 

I had a nasty judge at the trial who refused to adjourn when the audio loop failed and who made me continue despite the fact I was struggling terribly being a LIP and deaf, and now through the actions of this idiot neighbour I have been left high and dry.

 

His actions amount to a tort of unlawful interference, causing my husband and myself economic loss, and if there is any justice at all, then why should he be allowed to get away with such dreadful behaviour?

 

I hope you can perhaps tell me about the bits I have highlighted in red and what they mean, please… I didn't realise a CO was a done deal, and that I would be unable to make any objections...

 

Further consideration of the application

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;

© 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.

[ThedaBara]

Sorry for posting twice but I seem to have lost the facility to edit…

 

Further consideration of the application

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;

© 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.

[AndyOrch]

Objections yes...not counter claims and defences to the initial judgment

[ThedaBara]

Objections yes...not counter claims and defences to the initial judgment

 

I certainly object to the JC's criminal actions...

[ThedaBara]

I read somewhere that it is a criminal offence to try and prevent a person by way of lies and threats from selling their home…will have a look and see if I can find anything...

[ThedaBara]

Hmmm…

 

5. Interfering with or stopping a sale: Criminal offences

 

5.1 It is illegal for anyone to do or say certain things that are designed to try to prevent a sale going ahead. These are criminal offences and the person, if convicted, can face an unlimited fine or even imprisonment.

 

5.2 The types of things that are illegal include:

 

Doing things that interfere with the peace or comfort of the occupation of the home, such as blocking the entrance to the home, lighting bonfires in close proximity to it, blocking out natural light;

 

Withdrawing or withholding services or facilities, such as cutting off the water supply or electricity when a home is being viewed or blocking car parking spaces;

 

• Making false or misleading representations, such as about the condition of the home.

 

5.3 The examples of what could constitute offences are not exhaustive and some may constitute wider criminal conduct such as fraud, criminal damage or arson. Nor are such offences only committed in connection with a sale of a home. The offence, for example, might be committed for the purpose of trying to get a resident to abandon the home. It may be committed when coercing the resident to sell or give the home to the owner. It could also be committed while trying to prevent the resident from taking a case against the owner to a court or tribunal.

 

5.4 If you believe that an offence has been, or is being, committed with a view to prevent your purchase going ahead you should let the seller know and report it to the local authority. The authority has the power to investigate your complaint and take appropriate action where there is evidence of a criminal offence - including a prosecution. If you have been threatened, harassed or intimidated in any way, you should immediately report the matter to the police.

[ThedaBara]

Pfft!! I did report it to the police… I think he must have paid them off….

[honeybee13]

TB, could you add a link to the information you posted in #82 please.

 

HB

[ThedaBara]

TB, could you add a link to the information you posted in #82 please.

 

HB

 

Sorry HB… I found this a couple of days ago whilst browsing and just cut, pasted & saved it on my screen … I am not very good with computers, unfortunately, and I seem to have erased Friday's history and can't remember how I came across the article… if I find it again I will try and send the link. TB

[ThedaBara]

Does anyone know how long a court hearing would normally be to decide whether or not to grant a final charging order, please?

[Ganymede]

Does anyone know how long a court hearing would normally be to decide whether or not to grant a final charging order, please?

 

10-15 minutes max.

 

Shorter if it's not contested.

[CrappoMan]

TB, could you add a link to the information you posted in #82 please.

 

HB

 

http://www.gov.uk/government/uploads/system/uploads/attachment_data/file/405213/150217_Buying_a_home_rev.pdf - Page 12

[ThedaBara]

10-15 minutes max.

 

Shorter if it's not contested.

 

Thanks, Gany!! Doesn't seem very long...

[Ganymede]

Thanks, Gany!! Doesn't seem very long...

 

It's intentionally short as it's just a formality and rubber stamping exercise really.

[ThedaBara]

It's intentionally short as it's just a formality and rubber stamping exercise really.

 

Evidently….

[ThedaBara]

Objections yes...not counter claims and defences to the initial judgment

 

Hi again Andy… I am still trying to understand exactly what this means…

 

I was not counterclaiming against the initial judgement.. Even though the JC succeeded by default when I withdrew from the trial due to circumstances I have described previously, I accepted that I must pay the original order for costs and had put our house on the market to sell it so that I could pay the debt.

 

Then the JC interfered - he threatened and lied to our prospective purchasers, causing them to withdraw. His unlawful actions have caused myself and my husband serious economic loss which should be offset against the debt. If not by the way of an equitable counterclaim, then what?

 

Please bear with me… but I find the rules quite baffling… but surely I should be able to bring to the court's attention a change of circumstances which has happened during the interim period and before the CO is made final?

 

TB

[AndyOrch]

"Please bear with me… but I find the rules quite baffling… but surely I should be able to bring to the court's attention a change of circumstances which has happened during the interim period and before the CO is made final? "

 

You can raise it...but the FCO hearing as already stated is short and swift...merely to rubber stamp the ICO ...its not the place to address such points...this must be done by application to review the initial order at a separate hearing....which may involve setting a side the initial judgment.

[ThedaBara]

"Please bear with me… but I find the rules quite baffling… but surely I should be able to bring to the court's attention a change of circumstances which has happened during the interim period and before the CO is made final? "

 

You can raise it...but the FCO hearing as already stated is short and swift...merely to rubber stamp the ICO ...its not the place to address such points...this must be done by application to review the initial order at a separate hearing....which may involve setting a side the initial judgment.

 

 

Thank you for the quick reply… At the moment I am just asking for the CO to be set aside due to an admission by the court of an error in procedure, whereby it failed to issue my arguments at the hearing, as well as which, it failed to communicate with me in the 3 months leading up to the hearing.

 

The initial judgement was a long while ago in 2013… is an application to review the same as an appeal in that I would need to ask for relief from sanctions, etc? TB