my Leasehold/Freehold property and it's issues.

[dx100uk]

so what?

 

dx

 

[HP Mum]

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...

 

The lender knows they have problems with the freeholders. 

they are doing everything possible to delay dealing with that. Whilst expediting the personal claim against me.  They've made it a really personal attack on me. Whilst it was their own lawyers who messed up.

 

Put simply I'm overwhelmed with work.  Their lawyers are doing this on purpose.  And I need to tell the courts that I can't be in 2 places at once and need time to find new lawyer and present my case properly 

 

The lender had no intention of ever selling the property. Evidence shows the lender owner wants it!

 

The immediate question I have now - is how best to fill in a n244 form to ensure the summary judgment hearing is withdrawn or struck out. 

What CPR points  can I quote?

I think 30.3 is relocation 

Edited November 2, 2022 by HP Mum

[honeybee13]

So are you saying that the two cases are about the same leasehold property?

 

HB

[HP Mum]

One lease yes.

 

I did a lot of reading in last 24h

On personal side -

 

eventually found some logic and articulation and submitted n244 over night and quoted a few CPR points with back up evidence to ask judge to strike out, give time and relocate

I hope it was enough.

 

Edited November 2, 2022 by HP Mum

[honeybee13]

Did you address the issue of you needing to be in two places at one time? I'd have thought that was fairly easy to justify.

 

HB

[HP Mum]

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? 

[HP Mum]

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?

 

 

[HP Mum]

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?  

 

[Andyorch]

Has the other party been given a costs order? did the court specified in writing when and what date the costs must be paid?

[HP Mum]

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

 

Edited December 5, 2022 by HP Mum

[Andyorch]

So, if no date was specified then you pay when your able...normally costs are awarded in the case which normally means when the case has concluded.

[HP Mum]

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.  

 

 

Edited December 5, 2022 by HP Mum

[Andyorch]

Okay so costs were connected to an application/summary judgment which is separate to the case costs on conclusion.

 

CPR 44 re costs.

 

 

PART 44 - GENERAL RULES ABOUT COSTS

WWW.JUSTICE.GOV.UK

 

[HP Mum]

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.

Edited December 5, 2022 by HP Mum

[Andyorch]

No date has been specified by the court so wait it out...you can't make any application to delay payment that can only be agreed with the other party informally.

[HP Mum]

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?

[Andyorch]

Very little if anything costs orders can generally only be enforced at the end of litigation. Given your allowed to amend to alter your defence within 3 weeks I'm a tad confused what they actually have summary judgment for if the claim is proceeding? 

[HP Mum]

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.

 

I do worry that they will slap a statutory demand for payment on me

Edited December 5, 2022 by HP Mum

[Andyorch]

If the costs are in connection to a different claim, then that claim has concluded with SJ. Therefore they may be able to enforce those costs if they are still connected to the proceeding claim then costs should be reserved.

[HP Mum]

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.  

 

Edited December 5, 2022 by HP Mum

[HP Mum]

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)

 

[HP Mum]

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.

 

 

Edited December 7, 2022 by HP Mum

[Andyorch]

If they didn't get SJ I'm still unsure what the and why the costs were allowed? 

 

https://www.lexisnexis.co.uk/legal/guidance/appeals-against-cost-orders

 

[HP Mum]

I know.  That's why I'm appealing.

The C lost

Im filling out a 161 form

[HP Mum]

Does anyone have any expertise with the court of appeal?

I submitted a form - which I thought was the correct process - but I have had a belated response saying that I need to re-submit to the court of appeal as it was high court.  Am a bit unsure on if this means the same form (n161) or a new form and new process

And how does one submit to the court of appeal?  Is it one place? or are there courts of appeals in every court?

 

I am also concerned about timing now - as more than 1 month has now  passed since the hearing.  Is that a problem?

Edited December 28, 2022 by HP Mum