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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33293
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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hi claire

Customer Question

hi claire isaac answered my letter by email 28th feb i've only just seen it i.He has recognised it but pays no attention and says he iscommencing proceedings without futher notice Shall i type the letter for you? regards XXXXX XXXXX

Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Simply write back and say you will defend it vigorously if he does so
He has no legal basis on which to base the demand for payment at this time as that was not the original agreement
If he does issue proceedings then you will defend it
Claire
Customer: replied 3 years ago.


hi Claire


 


hope you are well sorry to have togo through all this again but I think we are dealing with an 'odd ' situation especially as this Nick Isaac if he is Nick Isaac I have no proof well he has emailed me that he has issued proceedings through money online claim service !!!


 


Flip me he aslo says he is sorry I did not respond to his reasonable proposals and that i was wrong not to provide him ith details of my income and outgoings ( his words)


 


I emailed him that i had only seen his emails today (true) and that I had responded reasonably to his unreasonable and illegal requests


 


further that I was sorry he believed himself to be above the law.and i would return after I had spoken to my lawyers he also told me he has kept Mr Fagerland informed of our correspondence ?? Why would they still br in contact if Isaac was a genuine assignee?


 


 


I shall do as you say but now you know the latest as above How can we nail this joker ?


 


He is begining to really irritate me and costing me money i really dont have altho you are worth it of course


 


many thanks


 


elaine

Expert:  Clare replied 3 years ago.
Hi
When you receive your paperwork from money claim online you (we) can file a defence and take the matter on from there
You have done nothing wrong - it is for him to convince the court that he is entitled to make the claim now - something he will struggle to do from the information that you have given
Claire
Customer: replied 3 years ago.


ok thats good


 


I have just received an email from him (after i told him i was discussing with you)


 


that i should inform you of the 'market' history of High Barn He claims I put high barn on the market or was aboit to put it on the market I did not but id I did does that matter...?


 


My ex and I were looking for repayment from my investment I never said that I would put high barn on the market he says there was a mutual agreement re imminent sale there was not


 


would just like to know waht you think before I respond to Isaac and then yes when I get the paperwork would be nice to fill out together


 


how would that work ?


 


regards


 


elaine


 


ps will let you go to have a nice eve after this one lol and maybe take up toorrow if the joker responds

Expert:  Clare replied 3 years ago.
Hi
When was this proposed sale meant to have been planned?
Claire
Customer: replied 3 years ago.


he says or i guess my ex says that whilst he was living with me or maybe it was' just about to be put on the market'


 


it was put on the rental market and has now been rented Mr Fagerland even met the tennants and he left because we both had to before they took their tenancy.


 


Mr Fagerland like myself always thought my investment would fractify the agreement only came into place as the conclusion of my investment lumbered on and Mr Fagerland became more abusive.


 


 


Mr Fagerland gave me the 20k to begin with for my daughters school fees he told me he earned 8k a year this was after 27th dec 2010 conversation wherupon I informed him I had no money and if he could not take care of my daughter and I he was to leave....I had only known him since nov 2010


 


he told me that he would like to take care of my daughter and myself and had the money good lord claire it goes on but is this relevant ?


 


will fill you in if necessary have no problem with that


 


but I never stated or wrote that I was going to sell High Barn it was always as the agreement in the event I sold ( no time given or discussed ) or my financial circumstancs changed which That is true I really believed my investment would fractify


 


 


elaine

Expert:  Clare replied 3 years ago.
Hi
Then that is fine - and you have no reason to tell me more.
Simply write back and say that Mr Isaac does not have the full information and any claim would be defended
Claire
Customer: replied 3 years ago.


thank you claire


 


actually no disrespect to you but i did that already


 


i was /am so incensed by this but of course i know the back ground


i only need to know the 'law' and so thank you


 


I shall be in contact have a good eve


 


forgive me can not resist but I have known for some considerable time that the law is an 'ass' and that is why it worrried me


 


 


I shall be in contact and i hope you have a good eve


 


is I am able to say that ha ha


 


regards


 


elaine


 


a demain

Expert:  Clare replied 3 years ago.
Hi
The law can indeed be more than a little daft - but in this case I believe that you should be able to make it work for you this time
Claire
Customer: replied 3 years ago.


hi claire this is my 3rd attempt to get this communicai to you


 


so i'll keep it short


 


If you are having the weekend off ( dont blame you well earned i'm sure)then response on monday is fine


 


I've informed Isaac that we will defend and fill in his form


 


also that he should have a good honest conversation with my ex although I have found that 'honesty' is not mr fagerland's best policy or strong point


 


I am away from 8th until 26th march if i have not received the papers by then surely it is sufficient to inform Isaac thatI am unable to file a defence until the 26th /27th


 


I would very much like for you to assist me in filing and filling out the form so I'll leave my case open until we have done so.


 


Would you be kind enough to inform the relative authorites ?


 


have a nice weekend


 


regards


 


elaine

Expert:  Clare replied 3 years ago.
Hi
My apologies - connection problems!
You have done all that you can - if he makes the applictaion then he does so.
It will take a few weeks to process the matter and you will have 28 days to file a defence so no worries.
When you get the paperwork ;et me know and we will work through it together
Claire
Customer: replied 3 years ago.


good morning Claire


 


the creep told me i would be receiving the papers within a few days !!


 


This is all so ridiculous I'm not sure if this guy is really Isaac or if he is and he is an authentic barrister I am sure the 'bar' would have something to say re his methods


 


.He also said in his last email that i was guilty of not forwarding income and expenditure info which he asked for on 11th feb !!!


 


It doesn't make sense I have no knowledge of him only a google and that is if it is him...he does not operate from chambers but from home address in Mosely even the assigment looks like it was made up from toilet tissue very scrappy very unprofessional very un-barrister - like ha ha.


 


Is it usual for an assignee to remain in contact with an assignor ? would not think so.


 


I think it is my ex finding this man from somewhere probably under a stone and they have cooked up this threat ( he probably has applied as can't think it is too expensive using money online claims service.... and they think it worth a punt)


 


My ex would have lied he did nothing but to me ....just for your info after I gave him the opportunity to walk he told me he earned 8k per mth in fact turned out to be 2k per mth He asked me to marry him and virtually forced me to have an engagement ring I asked for my daughters school fees and financial support which he gladly gave to me approx 25k as I said the agreement was later drawn up after the return of my investment lumbered on as he became very abusive even spat at me shouting insults at top of his voice..... and it also allowed me to put him in another bedroom he became my lodger at his insistance to remain living with me ....


 


anyway hey ho but if this guy is a barrister ??


 


but thanks for all your help its kept me sane It wasn't until I figured where 'Isaac' was coming from that i calmed i kept thinking he must know something i dont even if i thought the whole thing 'barking mad'


 


and it is I just dont believe a practising barrister would have 'bullied' (a trait well known to my ex)like he did and would have made further enquiries as ro my side of the story in fact i dont believe a bona fide barrister would have taken the case let alone practise as a 'debt collector'


 


thanks again for such great assistance in fighting Tor and Isaac I shall keep you informed and just leave the case open. Is that ok?...just not finish but return once i have received the papers so we can file together. which as you know may not be until after 24th march.


 


 


have a great day


 


regards


 


elaine

Expert:  Clare replied 3 years ago.
Hi
I suspect that you are right and there is a degree of collusion designed to threaten
Claire
Customer: replied 3 years ago.


G Morning Claire


 


Yes so we shall see... Does he have to proove a certain criteria to have an application approved?


 


Would have thought so as any nutcase can sue anyone for just a grudge ( which this in essence is exactly that)..


 


How would he satisfy the 'committee' re his story guess he will just fabricate I guess we will see if the commitee believe it to be enough.


 


I shall let you know as soon as the paperwork arrives.


 


If it is not here before 8th then I am unable to do anything until realistically 25th


 


You mentioned that we have enough time I take it it is ok to leave my case open until then.


 


have agood day no rush for you to answer as guess you are busy.


 


regards


 


elaine

Expert:  Clare replied 3 years ago.
Hi
He can issue the application - there is no committee involved.
Enjoy your holiday - this will wait
Claire
Customer: replied 3 years ago.


many thanks Claire


 


will be in touch on my return So please keep my case open


 


regards


 


elaine

Expert:  Clare replied 3 years ago.
Hi
no problem
Claire
Customer: replied 3 years ago.


Hi Claire


 


sorry to bother you but could you either let me know to whom I should go to to ask why a further payment of £60.00 was taken by just answer on 4th march or would you be kind enough to enquire on my behalf ?


 


I am puzzled that is all as we havn't finished yet As of today I have not received the paperwork and as I leave tomorrow we will have to work on my defense as we agreed on my return 25th march


 


£60.00 was taken on 28th feb and £40.00 on 13 th feb


 


 


many thanks


 


kind regards


 


elaine

Expert:  Clare replied 3 years ago.
Hi
I will ask customer services to deal with this for you
Claire
Customer: replied 3 years ago.


hI cLAIRE


 


I hope you pick this up quickly


 


I have received the application the date it was served was 4th march


 


Isaac has not included the agreement or much really just said he was assigned the debt


 


However I would like to be in contact with you before I leave today aprrox 2pm so not long but could we file defense in that time ?


 


just would appreciate hearing from you.


 


i've spoken to customer support thanks and i'll deal with that on my return aswell


 


regards


 


elaine


 


 

Customer: replied 3 years ago.


hi Claire


 


I have to go so I filed for acknowledgement of service on line and have posted which gives us 28 days from the 9th march I return 24th so we da have good time to defend


 


I dont get it but here is what the points are for your appraisal


 


1/ the defendent is indebted to the claimant in the sum of £31,420.00


 


2/ The said debt was owed by the defenda to Tor Fagerland and acknowledged in writing by the defendant on 12th dec 2011


 


3/ thesaid debt was assigned to the claimant by deed of assignment dated 8th feb 8th feb 2013


 


4/ notice of the said assignment was given to the defendant on or about the 8 the feb


 


( He still has no proof or admission I received the assignment see prooerty act 1925 caluse 136)


 


5/ Further the claimant claims interest pursuant to section 69 of the county courts act 1984 at the judgment rate of 8% until judgment or sooner payment


 


I cant work out how he can do this disn't they even look at the agreement


 


anyway there is is and we do have time now thank goodness i received it before i left they only give you 14 days otherwise


 


 


will contact on 25th march


 


many many thanks


 


regards


 


elaine

Expert:  Clare replied 3 years ago.
Hi
The defence should read
1. The Defendants denies that she is indebted to the Claimant as alleged or at all
2. save as is specifically admitted herein the Defendant denies eacah and every allegation contained within the Particulars of Claim
3. The defendant admits that by an agreement dated xxxx she agreed to pay the TF the sum of £xxxx on the first of the following events
aaa
bbb
Neither event has yet occurred
4. The Defendant is put to strict proof of the alleged assignment and to evidence that the debt is due
Claire
Customer: replied 3 years ago.


Hi Claire


 


I am back fro my travels


 


Thank you for the defence answers and Itrust you are well.


 


I have the paperwork but stupidly have lost the password XXXXX gain access


to my online account with online money claim but i'll do that later


 


Its just me being over cautious I would like to file my defence both online and by post but I am sure only one is needed so i'll post the defence tomorrow.


 


Just one thing before I do I take it that you believe that this defence is sufficient for the courts to judge in my favour


 


as much as any one can I know further what happens if I win and what happens if they think Isaac has a case can I appeal ?


 


 


kind regards


 


elaine

Expert:  Clare replied 3 years ago.
Hi
The next stage will be for the other party to list the matter for a hearing by way of the Allocation Forms.
At this stage it is a matter of waiting to see what happens!
Claire
Customer: replied 3 years ago.


Hi Claire


 


thanks for reply


 


Please excuse my ignorance but does your last response 4. The Defendant is put to strict proof.... the correct wording ?


 


Further should I enclose a copy of the agreement?


 


also I would appreciate it if we finish this case after we hear from the court is that ok ? or do I have to start again ?


 


regards


 


elaine

Customer: replied 3 years ago.


hi claire


 


i guess you are v busy and i hate to be a pest but i hope you can answer me before 330pm as would like to wrap this up and put the defence in the post

Customer: replied 3 years ago.


Hi Claire


 


i have got to go now but as we have a few days before time is up to file I shall wait for your reply hopefully you can get to me so i can post it tomorrow.


 


I dont want to send it until I get your opinion esp on sending the agreement or not...


 


so hear from you when you can


 


regards


 


elaine

Expert:  Clare replied 3 years ago.
Hi
My apologies I have been in court all day.
Yes the wording is fine and NO you do not send a copy of the agreement
Claire
Customer: replied 3 years ago.


Hi Claire


 


No worries guessed you were tied up


 


I am posting defence today I have mentioned in brackets that Tor is my ex fiancee thought the fact that this is personal might be a factor in my favour also that the agreement stated it was 'interest free' as Isaac claiming interest.


 


In fact as you know he rides rough shod over all of the agreement.


 


so would you be kind enough to let me know what you think of my additions before 11am today


 


many thanks


 


elaine

Expert:  Clare replied 3 years ago.
Hi
Since you are doing it yourself this is fine - and it puts your stamp on it!
Claire
Customer: replied 3 years ago.


Hi Claire


 


many thanks I posted it yesterday anyway so glad you think its fine thought it could n't do any harm and just inform the powers that be this was a personal domestic agreement not a business deal


Ionly offered the written agreement after he got nasty as I said he offered the major part of the loan not as a loan but a 'family gift' as I was in trouble to pay my daughters school fees


 


 


but hey ho....


 


Is it possible the court will judge without a hearing?If they do and not in my favour do I have right to appeal ?


 


If not and there is a hearing would the hearing be in my region?


 


Would you be able to help me if I have to go to court ?


 


Finally have a really super relaxed weekend


 


Happy Easter and thanks for all your help Do I have to start again according to outcome ?


 


 


kind regards


 


elaine


 


 

Expert:  Clare replied 3 years ago.
Hi
Since you have filed a defence the matter will be transferred to your local County Court which is where any claim will be heard.
No decision will be made without a hearing so simply sit back and have a lovely white Easter!
Claire
Customer: replied 3 years ago.


hi Claire


 


ok and same to you brrrr !


 


will let you know but How do I get help from you for the hearing ?


 


elaine

Expert:  Clare replied 3 years ago.
Hi
When you get the paperwork simply ask a question and ask for me in the title!
Claire
Customer: replied 3 years ago.


hi claire


 


Trust you had a good Easter.


 


I have received 'directions' which are pretty straight forward I think !! and of course I am not settling as there is nothing to settle and i am asking for county court in canterbury.


 


But should I a/ just repeat your wording ..... the defendant is put to strict proof of the alleged assignment and to evidence that the debt is due in 'other information sector' and also should I attach the agreement? or just quote from it as in my defence.


 


I am naming my friend and Tor fagerland as witnesses to the facts


#


 


I know it is too much to hooe but I wonder if the judge might just dismiss on the fact he can not prrove I have received the assignment


 


and the agreement is very clear...


 


best wishes


 


elaine


 


 

Expert:  Clare replied 3 years ago.
Hi
What evidence will your friend give?
Claire
Customer: replied 3 years ago.


Hi Claire


 


She will be able to confirm Tor's haste to get me down the aisle and 25 k was initially a gift . Further that he informed me he was financially able to take care of me and my daughter and her school fees and only when I told him I was fearful that my investment was not going to fractify he turned nasty and abusive and that was then I suggested we should have an agreement in writing.


 


In essence it was a domestic agreement certainly not a business one.


 


should i attach the agreement.?


 


I have already stated that there is no room for mediation because I deny that I owe Isaac this debt and also he has no proof of receipt of assignment none whatsoever I refer again to the property act 1925 section 136


 


have a lovely weekend


 


regards


 


elaine


 


 

Expert:  Clare replied 3 years ago.
Hi
That is fine although I do not think that the issue of the Assignment should be pushed to far - it is too easy to put right
Claire
Customer: replied 3 years ago.


Hi Claire


 


tx for reply


 


I agree i am not pushing it just stating he has not done it ergo he will have to start again perhaps because this should have been done in first instance.......... also not easy to put right he only knows one address that i do not reside in It is virtually impossible for him to proove recipt of the assignment unless he or somebody served me personally


 


 


However, notwithstanding I just want to be perfectly clear about attaching the agreement as you did not think it a good idea to attach to the defence also should I sign it ? Tor has not signed this one as only a copy and apparently he did not sign the copy Isaac has but he has signed all the prior.


 


Of course you understand that whilst I am naming Tor as a witness he will not materialise as he lives in NOrway but main reason is he would not want to go to court to answer any of this as What I am saying is true .so he would not swear on oath and lie.


 


look forward to hearing from you and posting the directions soon


 


regards


 


elaine


 


ps It appears that there is room for the court to dismiss without a hearing do you think we have a good chance of that ? The directions definitely caution waste of courts time and Isaac has to pay a further £220.00 to proceed. altho I su[pose if he thinks he is going to get 31k !!


 


hope you have a good sunday its stuuning sunshine here.

Expert:  Clare replied 3 years ago.
Hi
No at this stage you do not send a copy of the agreement to the court.
Since you did receive the Assignment you must not deny it - so simply ignore it - it is not the issue in your case at all.
Claire
Customer: replied 3 years ago.


hi claire


 


many thanks XXXXX just use the same defence wording you gave me re assignment and post it tomorrow.


 


regards


 


elaine


 


ps obviously I shall not send the agreement but I am curious to know why if you have a moment.


 


 

Expert:  Clare replied 3 years ago.
Hi
Because the Court is not interested in seeing the evidence until the hearing!
Claire
Customer: replied 3 years ago.


ok


 


 


 


many thanks


 


 


I hope i do good the truth will out but that is not exactly how the law sees it


 


I get it and will act acccordingly


 


regards


 


elaine

Expert:  Clare replied 3 years ago.
Hi
That's fine
Claire
Customer: replied 3 years ago.

hi Claire


 


and so the show begins again


 


Isaac has sent me a whole heap of stuff...his defence which says there was an implied agreement to sell Fagerland often used to pressure me if I would sell my property which I responded to on occasion that I would look at all possibilities but this was way after the agreement was drawn up.


 


Is there any way I can forward Isaac's email to you ?


 


I am also sending to you my 'other information' its a bit lengthy ( not as long as Isaaac's stuff) but instead of writing it all out like this could I email that to you aswell?


 


Further he has offered to meet me without prejudice I dont want to go any where near the fellow as I dont believe I owe him a sue.


 


we dont even have concrete proof that Fagerland has assigned altho I'm pretty sure he did.


 


Look forward to hearing from you


 


regards


 


elaine


 


 

Expert:  Clare replied 3 years ago.
Hi
I believe you can attach documents with the Paperclip on the tool bar
Claire
Customer: replied 3 years ago.


hi claire


 


I believe I have uploaded my 'other information' reply to the directions


 


please confirm. I shall try and forward the email from Isaaac failing that I have a potted version to write to you


elaine


 


 

Customer: replied 3 years ago.


hi Claire


 


in case my tech knowkedge lets me down.


 


he has emailed me


 


a) his defence and b) a whole lot of directions basically saying he wants fast track I will not do that


 


the summary of his defence is this.


 


He states that as Fagerland did not countersign the 12th dec 2011 letter he (fagerland) is not bound by the terms


 


 


the previous letters were all of the same wording except later I added the ';demise' piece as he kept harrassing me


 


 


He then states that the previous countersigned letter august 2011 binds Fagerland and now him (the claimant) to the agreement but will rely on trial for full terms and true effect.


 


 


He staes that at all material times until about the date when Fagerland lent the last tranche of money in about dec2011 I (the defendant) expressed an intention to market High Barn for immediate sale and/or placed High Barn on the market for sale by private treaty.


 


 


I did NOT


 


he continues


 


It was therefore an implied term of all agreements between the defendant and Mr Fagerland that HB would 1/be marketed for sale 2/ would be sold within a reasonable time


 


Not true and what tosh .... how would anyone know what was a reasonable' time ?


 


He then says


 


In breach of the said implied term the defendant removed HB from the market for sale at or about the end of 2011


 


 


there has been no breach as nothing of this happened or was agreed


 


He is also accusing me that i failed to provide details of my income to allow assessment of my financial circumstances


 


 


hope this helps


 


elaine

Customer: replied 3 years ago.


hi claire


 


just a thought


 


maybe it is a good idea to meet Isaaac without prejudice


 


meet in canterbury I can tell him the truth not what he has heard from Fagerland


 


I guess the courts will see that i am willing to not waste their time ?


 


goodness knows but if I accept his request then I am seen to not be 'bloody'


 


Let me know


 


many thanks


 


elaine

Expert:  Clare replied 3 years ago.
Hi
Was the property being marketed whilst the funds were being provided?
Claire
Customer: replied 3 years ago.


Hi Claire


 


No I did have some estate agents come by to value a piece of land .


 


The consensus of opinion was that it would be difficult if not impossible to sell as the land had no private accesss and would impinge on the security of the remaining property.


 


Further it was unlikely that the Mortgage Company would agree as might also iminge on the value of the property.


 


So it was not marketed.


 


Fagerland was aware of this although not in detail.


 


As I said the agreement came after he had given me the initial amount for my daughter's school fees


 


There was no agreement to begin with to pay any of it back.


 


regards


 


elaine


 


 


 

Expert:  Clare replied 3 years ago.
Hi
So he has replied to the defence acknowledging that in fact the wording is as you say (apart from it being repayable on your death) but he is now trying to claim that the property was being marketed at the time - which he will not be able to prove as it was not.
What directions has he asked for?
Claire
Customer: replied 3 years ago.


Hi Claire


 


 


yes I suspect Fagerland told him this but was mistaken for HB was being marketed for rent only I told him I was renting HB


 


Fagerland is a cheat and a liar and a very unusual personality.


 


He has asked for fast track but 2/ is the most important I think


 


Parties must consider settling by Alternative Dispute Resolution any party not engaging in any such means proposed by another must serve a witness statement giving reasons within 21 days of that proposal,such witness statement must not be shown to the judge until questions of cost arise.


 


 


Can he force me to do this ? I could have sent my directions to the court in fact they were due to be posted yesterday.


 


He has not sent his directions to the court but says he will if I do not meet him.


 


I suspect he will be calling Fagerland as a witness or at least get him to make a statement I bet they have arranged to split the money if they win which I dont see gow but as I said Fagerland will lie. NOT sure if he went to court and not sure he would attend as he is frightened of authority.


 


Whilst I am calling him as a witness....it was just to present to the court that I have no problem challenging him I did not think for one moment he would be on my side of course...


 


Isaac goes on about proceedure all on his terms the only way I can get this doc to you is thru direct email did you receive my 'other info ' directions .....?


 


hear from you


 


 


regards


 


elaine


 


 

Expert:  Clare replied 3 years ago.
Hi
You can write to him saying that you are agreeable to attending Mediation local to you - provided it is affordable for you!
Claire
Customer: replied 3 years ago.


Hi Claire


 


What is average cost ?


 


What happens ? Why is he asking for mediation ?


 


What happens if we dont agree and we wont because I have no money to give him.


 


Further if he wins ( can't see how but didn't forsee this either)and he gets a charge on the property can he force me to sell at any price ?


 


 


Also if I have a 2nd charge on my house already would that prevent him from being able to force a sale ?


 


regards


 


elaine

Customer: replied 3 years ago.


Hi claire


 


I have to go out now be back 300pm


 


But I am rather upset about all of this...


 


I was duped and abused by Fagerland and now he continues yeesh


 


Would appreciate ur reply especially about the forced sale !!! I had no idea and being forced into mediation from a total stanger who didn't give me a penny ...


 


hope ur day is good


 


elaine

Customer: replied 3 years ago.


hi Claire


 


I noticed you have put the satus of my case as finished whereas it clearly is not .


 


I did write again and ask for your opinion re mediation and costs.


 


If I need to put more money or you wish to hand over to somebody else or there was a glitch in the tech department would yu be kind enough to inform me .


 


I am anxious to hear if in some unimaginable way Isaac wins and gains a charge ( I do not have any money so ) what powers does he have.?


 


Somebody said he could force me to sell at any price !!!


 


Surely this can not be right


 


Would value your opinion I am reeling


 


many thanks


 


elaine

Customer: replied 3 years ago.


Good morning Claire


 


 


I assume you are tied up and very busy maybe at court so sorry for being a pest but I would be grateful if you would answer the questions I forwarded to you yesterday.


 


 


Also the court have given me until 3rd May to enter my directions...


 


So I take it that just because Isaac has chosen to contact me with a copy of his defence and directions I still have that time ?


 


FYI It appears that Isaac's main attack is that I implied an immediate sale would you please comment on the following.


 


 


As I have told you I made an investment hence the second trigger in the agreement.


 


Fagerland knew that I had marketed my property for rent and agreed to this NOT ONE time did he take issue with this he even met the current tenants.


 


Further I have 11 months from march 2012 until end of jan 2013 of email correspondence between Fagerland and myself all about the 'progress' and up dates re this investment again NOT ONCE did Fagerland mention about the sale of HB during all that time ( this is because it was a domestic/personal long term agreement re sale of property ).


 


He emailed me twice to offer a discount in the debt never mentioned sale of HB also told me re he was selling the debt... also before these emails he asked me if i was going to live in HB 2014


 


hear from you when you can


 


many thanks


 


elaine


 


 

Expert:  Clare replied 3 years ago.
Hi
My apologies for the delay - a funeral I am afraid.
The courts encourage "Alternative Dispute Resolution" (mediation) as a way of saving Court time and helping the parties reach a compromise
I am not sure on costs - but you can find some guidelines here
http://www.adrgroup.co.uk/
IF the case was successful then an application could be made to enforce the order - an dit is possible he could try and take a charge on the property.
However as the holder of the third charge he certainly would not be able to force a sale "at any price"!
Claire
Customer: replied 3 years ago.


Hi Claire


 


My condolences for your loss..It is always difficult my Auntie died on the 1st of april and it will take a long time to come to terms if ever I still havn't with my Mother.


 


So a pest like me doesn't help but may keep you occupied ...


 


 


Thats good news re the power but I would like to know that as his argument is ...... that it was an implied term of all agreements between myself and Fagerland that High Barn would be marketed for sale and sold within a reasonable time


 


 


That was not the case at all. I put High Barn on the market rental and sale with same agent ( sorry spoke to estate agent I thought we only had rental )with total agreement with Fagerland But we both preferred my investment to fractify He had no problem with me letting HB.


 


 


Fagerland was living with me until 28th feb 2012 He moved out because I had let the property and we did not want to marry.


 


The understanding was always long term and never at his behest.


 


As I wrote this morning I have 11 months of correspondence between Fagerland and I march 2012 jan 2013 concerning the 'investment' and at no time did he ever ask about HB being put on the market or request it should be in fact asked if I was going back to live there in april 2014 He offered for me to buy the agreement for £5000.00 but I did not and still do not have that kind of money.


 


Surely this correspondence negates Isaac 'implied term of agreement'?


 


Jolly well hope so.....


 


Isaac also states I am in breach as no payments have been made and I have not provided an assessment of my income.


 


 


He is the only one to have asked for the above....and I deny that I owe him a bean and that he is bound by the agreement... so I guess that will only arise at the hearing.


 


 


Thank you for the link.....


 


What does the mediator do ? Does his/her advice hold with the court ?


 


Isaac wants a meeting with me without prejudice what do you think ? My instinct tells me no but ......


 


 


The court posted me his directions arrived today but I still have until the 3rd May to reply? please confirm as Isaaac emailed again to push for meeting warbling on about 'must be seen to mediate'


 


 


Can the court deny me a hearing ? Just because his directions say


 


any party not engaging in any such means proposed by another must serve witness statement giving reasons within 21 days of that proposal, such witness statement must not be shown to the judge until questions of cost arise


 


Do I have to comply?


 


 


( I could stab this creep ......... but however 'daft' the law can be I can't see it agreeing to some guy off the street that has not paid me a penny putting my house up for sale........that would be what the final outcome would be because I have no money ..... I lost it in the investment and it is unlikely to be recovered....... This was a personal agreement only made to get Fagerland off my back I do intend to repay him one day not that he deserves it What do you think ?)


 


 


I know this is lengthy but it would put my mind to rest and I do need to rethink the directions ( did you receive my download of other information ? you did not say )


 


 


Please take your time I dont want to cause you any more grief


 


But I would be very grateful for you to answer all of my questions.


 


even if some answers may well be ball park ( taking into account the law is not straight forward )


 


kind regards


 


elaine


 


 

Customer: replied 3 years ago.


hi claire


 


There is no way I can afford mediation thru ADR minimum is £425.00


 


but I can apply for free 3 hours mediation thru law works which takes minimum of 6 weeks to decide .


 


As I said he has offered to meet without prejudice so what do you think ? I am not frightened of the jerk and of course it will have to be here BUT I am not talking to him on the telephone .


 


There is no compromise here either he withdraws or we go to court.


 


Further do I state in my directions that I have made enquiries for mediation ?


 


regards


 


elaine

Expert:  Clare replied 3 years ago.
Hi
It was an elderly uncle - so sad but not tragic if you understand me.
I think that the correspondence that you have does indeed show that there was no implied agreement for sale - something that will be helpful to you at mediation.
There does not appear to be any agreement that you should pay instalments - but nonetheless it woudl be helpful if you could take details of your income and expenditure with you to mediation - after all he only knows what your ex has told him!
Mediation is always worth trying - and it may be relevant in respect of costs - so that even if you won you might not get all your costs if you refused mediation
ONLY agree to Mediation - Law works looks good - otherwise he may bully you and you have had enough of that in your life
So stay cool - you have the evidence that what this man is saying is wrong
Claire
Customer: replied 3 years ago.


Hi Claire,


 


well that is brilliant news.... I had hoped so and of course Isaac does not know this and has only been told what Fagerland wanted him to hear so he would buy the agreement.


 


which is why Isaac thought this was worth it...well Shylock didn't get very far in the end did he ?


 


so in my 'other information' in my directions do I say for example.


 


I vehemently dispute 'implied agreement' as there never was such a thing. It was always a long term agreement. I have email correspondence between Fagerland and I, at least 3 times a month from march 2012 to jan 2013 and not one time did Fagerland mention


the potential sale of HB or tell me I must sell HB.In fact in one he asks "are you going back to live in HB april 2014" He agreed to the rental of HB and met the tennants.


 


I am applying for mediation through Law works...I am informed that approval will take a minimum of 6 weeks.


 


I don't think informing the court and Isaac of the above is a bad thing.


 


 


What does the court do after receiving both sets of 'directions'?


 


I dont want to reply to Isaaac's email asking me to meet what do you think ?


 


regards


 


elaine


 


 

Expert:  Clare replied 3 years ago.
Hi
Reply to his email by telling him that you have applied to Law Works for Mediation.
In the request for Directions ask for matters to be put on hold for at least 8 weeks to allow for mediation to take place
You do not send anything else at this time - but you can simply write to the other side and point out that there was never an implied agreement for sale and that you have the written evidence to prove it
Claire
Customer: replied 3 years ago.

Hi Claire


 


thank you for email I did not respond as I thought you might like a rest from me and also I wanted a rest from it all aswell.


 


I have not responded to Isaac's email as I wanted to ask you is it wise to inform him we have that evidence....as I read all of them it gets stronger apart from Fagerland asking me on oct 31st was I going to live in HB 2nd april he even names the date of the tennancy agreement his offer to me on 24th jan 2013 states after a lot of consideration ...... then he offers for me to buy the debt @£5000.


 


as I have said this prooves there was never an implied agreement to sell HB within a given time other wise why did Fagerland not mention for me to sell as per our agreement ?? Also as I said in over 70 emails dated from 3rd march 2012 ( he left HB on 28th feb ) to 24th jan 2013 there is not one mention or request to sell HB all of the correspondence was about my investment progress Sorry just going over things to clarify.......


 


 


I should post my application to lawworks today as there are so many emails they request not more than 50 pages do you think it sufficient that I tell them I have the emails give them the dates and only send the really important ones? They need to have all of the docs that have been presented and will be presented.


 


Also Isaac emailed me today to remind me of his earlier email...requesting a meeting without prejudice and that he would be willing to talk to me .....as if !!!!!Tells me he isn't absolutely confident what do you think ?


 


anyway do we tell him we have the evidence and alert him before we go to mediation ? or keep that powder dry ? I really dont know what is best I dont want to give the jerk any headway.......It will probably send him running to Tor ( dont know waht Tor can say to help either ) as this will be a big surprise as far as I can see his case rests on 'implied agreement' and I am still stating I have not received the assignmane in writing presumably he cannot serve me when we meet at mediation.?


 


hope you had agreat weekend


 


regards


 


elaine


 


 

Expert:  Clare replied 3 years ago.
Hi
Keep your powder dry and send all the essential paperwork to law works then see what happens
Claire
Customer: replied 3 years ago.


Hi Clair.


 


e


 


that is what I think.... I know people lie especially when they have their backs to the wall and whilst I did not lie I forgot that HB was on the 'sale' and 'rental' market


 


I do have the information re the emails I told you about and I have not lied to you I am not that stupid.


 


so do I just email Isaac


 


" i have applied for mediation through lawworks" ?or do I ignore him?My gut is I inform him with a one liner as I have just written.


 


I have collated all the information including the 70 emails.


 


also FYI, which I find amusing , Isaac has named Fagerland as a witness ha ha ha


 


I doubt if he will pitch up but how amusing if he does.


 


 


 


look forward to your reply


 


regards


 


elaine

Expert:  Clare replied 3 years ago.
Hi
Send that email to him then wait and see
Claire
Customer: replied 3 years ago.


hi Claire


 


thank you will do.


 


I have verything to go to law works will post tomorrow.


 


Is it just enough to inform the court thus


 


"I have applied today 17th april 2013 for mediation through law works and ask the court to halt proceedings until i have approval and a date for mediation ...I am informed approval takes minimum of 6 weeks "


 


regards


 


elaine

Expert:  Clare replied 3 years ago.
Hi
Excellent wording
Claire
Customer: replied 3 years ago.


Hi Claire


 


Tx for reply but guess what ?


 


As I was filling in the Law Works application form and came to the part


other sources of assistance 8 c) Do you have any legal expenses insurance? (sometimes part of household insurance)


 


I have land lord insurance so I thought I would check......It appears I do have claims /legal insurance ...... but they are going to check with the underwriter if my case is included blah blah which may take 2 days !!


 


I feel like a complete idiot ( nobody else mentioned it though ) but at least I got the best solicitor regardless.


 


AND it is not confirmed that I am insured so I shall get back to you and let you know...... I still have until 3rd may to file directions I emailed Isaac this morning as we agreed to inform him I was applying for mediation thru law works SO the only thing I can see changing ( if I am insured) is that I shall go thru AMR or that organisation you recommended for mediation.


 


will be in contact


 


meanwhile thank you soo much for all your help Couldn't have done it without you....And whatever happens I would have had to collate the evidence and information I have .....


 


It was an absolute marathon and I had spots before my eyes yesterday lol


 


regards


 


elaine

Expert:  Clare replied 3 years ago.
Hi
Wow well done - and I shall keep my fingers crossed!
Claire
Expert:  Clare replied 3 years ago.
Hi Elaine
I hope the last few weeks have been peaceful - let me know if you need and further assistance at this time
Claire
Customer: replied 3 years ago.


Hi Claire


 


thanks for email


 


Well things are a little better I had a view from a firend's solicitor he was puzzled why Isaac was even attempting the assignment and called him a 'chancer' as he wasn't that convinced his case of implied agreement would stack up but..... as I have the emails prooving that tgere could not have been or else why did fagerland ever ask me to sell my property and even in jan 24th he prefered to sell to Isaac rather than employ a solicitor to gain repayment I think thats not a bad point


 


What do you think?


 


I finally had the response re insurance for legal expenses and this will not surprise you and did not me I am not insured for this type of claim.


 


Didn't need them once I had you anyway ....


 


So I am now filing my directions on 24th asking court to halt until I have an answer from law works and posting my application 24th as I have funeral to go to and wont be home until then.


 


Oh I emailed Isaac with just that info......and said i assumed the court will also inform him which of course they will havn't heard anything and i guess we wont now until a decision has been made from law works.


 


they decide within a week if one qualifies andthen can take 6 weeks or so to find a lawyer who will mediate for free !!! Surprised its only 6 weeks lol


 


hopw you have a nice weekend and i shall be in touch Do we leave this open ? the follow up link did not work so well


 


best wishes


 


elaine


 


 


 


 

Expert:  Clare replied 3 years ago.
Hi Elaine
I am sorry that the Insurance did not work out but hopefully you will do well without.
I have found the whole thing odd from the start - and am certain that your robust defence was newer anticipated.
Just continue on this thread when you need to
Claire
Customer: replied 3 years ago.


Hi Claire


 


just to let you know


 


I have today posted my directions and my application to law works.


 


As my friend's lawyer advised me that I might have a case for 'personal' contract


 


Can't think of anything more personal than the one I had with Fagerland he was my fiancee and lived with me from dec2010 to feb 2012 !!!


 


Anyway I have informed court that this was 'personal' and therefore contract is not assignable as we know open to judgement by the court......so I am comfortable to claim that.


 


The application contains my 'case' so I have now completed that. phew !!!


 


 


Would like to stab Isaac twice now lol


 


 


Jeez its been quite a thing


 


Thanks again for all your help We just have to wait and see


 


I so hope we do not have a hearing ...but at least I am well prepared


 


Hope your day was good and your eveing even better


 


regards


 


elaine

Expert:  Clare replied 3 years ago.
Hi
Excellent news - you are doing very well
Claire
Customer: replied 3 years ago.


Hi Claire


 


Trust you are well.


 


Isaac emailed me @ 1 am !!! think he would have other things to do ?


 


Anyway he asked to see me again and informed me that the courts would not inform him re law works.


 


I have no idea what the court will do but as you know I have informed them that I have applied to law works for mediation. What more can I do ?


 


Also that I am claiming 'personal contract' therefore unassignable , which they will inform Isaac the first he will know of this.


 


As we agreed I have with held info re evidence challanging 'implied agreement'


 


So I just replied informing him I applied for law works mediation and posted directions 25th and would inform him accordingly.


 


 


I would like to rate you as you request but 1/ I would very much like to give you a gratuity even tho it will not be anywhere near enough Sorry about that and also if I do that does that mean I cannot make contact with you again unless I pay for another question so to speak ?


 


Hope your day is good


 


regards


 


elaine


 


 

Expert:  Clare replied 3 years ago.
Hi
You are doing everything fine - and thank your for the kind thought.
You can always ask for me again if you wish to do so - just mention my name in the title!
Claire

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