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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Basically I have a property litigation case ongoing for more

Customer Question

Basically I have a property litigation case ongoing for more than 10 years, but the climates have somehow got a court order of some sort, which allowed then to enter in the property with the assistance of the police, as the whole thing was recorded from there camcorder, they have mentioned that a tenant was living in the property and has going missing.

The property deeds are in climate name, but we have witnesses, for the evidence that they sold the property to me. Which was over 25 years ago. And also I have evidence that I am using this property of 25 years.
As this also coming into a family matter as the climates are my brothers. They have taken me to court on the bases that the property was not sold to me, it was rented to me. As this is not true.

I wanted to know, how can i go about asking for the information that they have provided to the court which lead to content of court/ breaking in to the property, as I have already have spoken to the chief inspector about this occurring and he said to me that he cannot give the court order documentation which was provide to the police as well and also mentioned that the police cannot get involved.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : When was the court order dated please?
JACUSTOMER-g44ha6j9- :

as the case has be on hold for the past two years, at that time the break in occurred, within these past two years they have not corresponded back to any of the letter, which I have been sent to them. As for the court ordered dated they have not sent me any information regarding when the order was dated, this is why I need any solicitor opinion on what could I do on the basis of retrieving the information that they have used or shown to the court.

Alex Watts :

Were you not a party to the proceedings?

JACUSTOMER-g44ha6j9- :

no it was outside of the my court case with the climates. as my solicitor did not know about this action taking place as they have claimed that I was a tenant at the building.

JACUSTOMER-g44ha6j9- :

as this is not true

Alex Watts : How have they taken you to court if you did not know about it? You must have been notified of proceedings?
JACUSTOMER-g44ha6j9- :

what I am trying to say is that the case that I have with them is a about the property which is one court case proceeding.

Alex Watts :

Yes but did you not get a notice of claim which you could have defended?

JACUSTOMER-g44ha6j9- :

no, as the other party had done another court proceeding, which did not involve me, about how the property was on rent and the person who is using the property, i.e.me, has ran away and can not be found or contacted. how can I get the information which they have presented to the that case/court and the police officers about how the property is on rent, which is not right.

JACUSTOMER-g44ha6j9- :

I was not notified about this proceeding

Alex Watts :

I dont understand.

Alex Watts :

If you owned a share of the property you should have been involved in Court proceedings? Or are you saying you were not?

Alex Watts :

Were proceedings in the name of someone who also owned the property?

JACUSTOMER-g44ha6j9- :

in paper work terms the property belong in the climates, but as I have witness, that can support me on the bases that the climates have given the property to me.

JACUSTOMER-g44ha6j9- :

as for this some how they have gone through the proceeding in a different court saying that the property is being rented out. and got a court order to break in to the property.

Alex Watts :

Were you named on the property, yes or no?

Alex Watts :

Were proceedings in your name, yes or no?

Alex Watts :

Have these proceedings now concluded, yes or no?

JACUSTOMER-g44ha6j9- :

the property is not in my name

JACUSTOMER-g44ha6j9- :

I was not in the proceedings

JACUSTOMER-g44ha6j9- :

the proceeding have concluded

JACUSTOMER-g44ha6j9- :

but the judge has over ruled the climates action and give the keys of the property to me but the deeds are still the climates name

Alex Watts : I do not understand what is it you want to achieve please?
JACUSTOMER-g44ha6j9- :

how could I get the information that the court was given from the climates in

JACUSTOMER-g44ha6j9- :

the court.

Alex Watts : What do you mean the climates?
JACUSTOMER-g44ha6j9- :

the people who took me to court

Alex Watts : The Cliamant you mean? Ok but how can they take you to court if you did not know of the proceedings?
JACUSTOMER-g44ha6j9- :

As I have a court case pending already about a property.

One day I visited that property (case pending property) noticing that on all of the windows that it says that the people who took me to court have retaken back the property.

I contacted my solicitors about this matter, which lead me to go to court about this new situation. At court the judge had over ruled their action by, demanding that the new keys of the property come back in to my hands, as they changed the locks.

Somehow the claimant’s got hold of some type of information which they twisted show to a different court (which did not involve me) saying that I am renting the property out. Which is not true

What I want to know is how can I see or get hold of the evidence which the other court got from the claimants on the basis that I am renting the property. As from my solicitors point of view they broken in to the property without notifying the court (which involved me).

Alex Watts : Ok. So there is evidence before the court which you have not seen, is that right?

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