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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I AM 71 YEARS OF AGE. I HAVE BEEN GIVEN LEAVE TO GO TO PRO

Resolved Question:

I AM 71 YEARS OF AGE. I HAVE BEEN GIVEN LEAVE TO GO TO PRO BONO BY C.A.B. IN THE STRAND.
(1) I HAVE A COUNTY COURT JUDGEMENT AGAINST ME WHICH IAM DEFENDING IN CHELMSFORD C.C. ON 30 SEPT. I SENT IN AN N244 WITH £180 FEE. I HAD A PRELIMINARY HEARING AT WHICH THE JUDGE ACKNOWLEDGED I HAD ENTERED TWO DEFENCES. IAM ALLEGING THAT I WAS INCORRECTLY SERVED WITH A C.C.J. I WOULD LIKE COMPENSATION. THE JUDGE IS VERY SYMPATHETIC AS THE SOLICITORSERVED PARTICULARS OF CLAIM WITHOUT NOTICE ON 63 DEFENDANTS AT ONCE CAUSING A LOGISTICAL NIGHTMARE FOR THE COURTS AND EVERYONE.
(2)I HAVE A MAIN CASE FOR BREACH OF CONTRACT IN THAT I WAS SENT A CERTIFICATE DEMANDING PAYMENT OF MONEY SUCH CERTIFICATE HAVING BEEN FRAUDULENTLY SIGNED IN THE NAME OF THE COMPANY ACCOUNTANT WHO WAS DISMISSED THE NEXT DAY. THE FRAUDULENT SIGNATURE WAS DISCOVERED BY THE INSTITUTE OF CHARTERED ACCOUNTANTS. THE DIRECTOR HAS CONFIRMED IN WRITING TO THE I.C.A.HE DOES NOT RECALL SIGNING ITAND IT NOT LOOK LIKE HIS SIGNATURE. MY MAIN BREACH IS THAT THE CERTIFICATE IS NOT VALID
(3) TO TRY TO FORCE ME TO PAY - AND I COULD NOT BECAUSE I WOULD HAVE LOST MY RIGHT TO DEFEND - THE COMPANY DENIED ME ACCESS TO MY FREEHOLD LAND BY DISABLING MY ELECTRONIC KEY TO A BARRIER. PRO BONO PREPARED AN INJUNCTION FOR ME AND IN AUGUST THE JUDGE RULED THAT THEY HAD DENIED ME ACCESS. I NEED TO GET COMPENSATION FOR THE TIME I WAS LOCKED OUT (6 MONTHS) AND 5 MONTH IN 2013.
BRIEFLY I AM THEOWNER OF A FREEHOLD PLOT OF LAND ON A CARAVAN SITE. I HAVE A CONTRACT OF SALE TO PAY MAINTENANCE CHARGES IN THAT CONTRACT. I HAVE BEEN TOLD TO PUT THIS IN TO PRO BONO. I WENT TO THE STRAND APPROX 10 DAYS AGO AND WAS TOLD TO PUT PAPERS IN WITH A WITNESS STATEMENT WHICH I HOPE TO DO ON MONDAY NEXT WEEK.
I AM TOLD THAT PRO BONO WILL PROBABLY WANT TO TALK TO ME. I AM SLO TOLD THAT THE JUDGE WILL PROBABLY ONLY RULE ON THE C.C.J. BUT COULD DECIDE ON THE OTHER MATTERS.
MY QUESTION IS WILL PRO BONO ALSO ADVISE ME ON MY MAIN CASE AND THE DENIAL OF ACCESS BECAUSE THIS COULD COME UP AT THE HEARING ON 30 SEPT. THE ADVISER AT R.C.J. SAID SHE THOUGHT I NEEDED REPRESENTATION.
WHEN I CAME TO SEE GEORGES CHALFOUN WHO PREPARED MY INJUNCTION RE. THE RIGHT OF WAY HE SPENT A CONSIDERABLE TIME DISCUSSING THE MAIN CASE AND SAID I SHOULD GET THE PAPERS TO PRO BONO. GEORGES SAID I SHOULD NOT HAVE TO PAY THE MAINTENANCE CHARGES DURING THE TIME I WAS 'LOCKED OUT' AND THAT I HAD A CLAIM FOR DAMAGES.
I AM TOLD I NEED TO PREPARE A WITNESS STATEMENT.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know what is it you would like to ask me about this having given the background please?
Customer:

I need to know if at the Hearing on 30 September which is primarily for the removal of a county Court Judgement will the Judge rule also on my Counterclaim i.e. compensation for this and also illegally locking me out of my land. If so will a Pro bono from the RCJ deal with this for me or should I try to get an interested solicitor who will advise on compensation. It is difficult because the Judge may not deal with this but order another Hearing. He has allowed 2 hours.

Customer:

I also need to know if you think the Judge will rule on my main case at the Hearing for the ccj on 30 sept. which is breach of contract by demanding money from me with a fraudulent certificate

Alex Watts :

Has the Judge given directions for the trial or just service of the defence please?

Customer:

y Defence was a Hearing on 12 June when the Judge asked me what my Defence was and I said I refused to pay a fraudulently signed and dated Certificate which deprived me of an arbitesely from the remainder of the Defendantr under my contract of Sale and he accepted this. He made an Order whichsaid "the claim against Defendant 61 Jean Robinson will be dealt with separatr

Customer:

s.....separately from the remainder of the Defendant

Customer:

(a) the application to set aside Judgement will be listed for hearing on 30 September 2014 at 10.30 a.m. at the County Court Chelmsford with a time estimate 2 hours before HHJ Lochrane if possible (b) costs reserved.

Customer:

This is the Judge who ruled that my right of way had been breached. I am relying on Independent Surveyors Reports which prove the maintenance was not done and Judge Denning's Judgement because of the fraud and collusion. . Will he deal with any of this on 30 Sept. On 12 June he allowed the two Defences I put in and my N244

Customer:

I am hoping that am right in waiting for an answer.

Alex Watts :

Ok - this is not a trial. What you have to show here is that you have a 'realistic defence'.

Alex Watts :

That means some defence. If your defence is totally without merit then your application will be dismissed.

Alex Watts :

You therefore need to file a fully pleaded defence.

Alex Watts :

You need to show that you have some defence.

Alex Watts :

It need not be very strong or very good, but needs to show something.

Alex Watts :

Therefore you need to file a draft defence in order to support what you have to say.

Alex Watts :

In terms of pleading fraud or dishonesty, you need to make sure you have the evidence to hand because the Judge wont take kindly to making these types of allegations without this.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

If he has already accepted my N244 (and the Court actually rang me to say the Judge advised me to serve this to the Claimants without delay way back in about May) has he not a

Alex Watts :

Who rang you?

Customer:

already accepted my Defence?

Alex Watts :

Who has?

Customer:

Chelmsford County Court rang me to say the Judge advised me to serve the other side with my N244 without delay because it was short of time - I k

Alex Watts :

That does not mean that the defence is accepted.

Alex Watts :

You still have to show the Judge that you have a realistic defence.

Alex Watts :

Just because you have filed a defence does not mean you actually have a realistic defence.

Alex Watts :

The burden is on YOU to show the Court you have some defence.

Customer:

ow it is unusual. They also sent me under his Directions another copy of hs Order stating that I had a right of way and this could not be denied

Alex Watts :

Ok - but you still have the burden to show you have a defence.

Alex Watts :

That is what the next hearing is for

Alex Watts :

Nothing else

Customer:

What you are saying is that I have to tell Pro Bono what my main case is and he can then defend the CCJ

Alex Watts :

Yes.

Alex Watts :

Your application to set aside has been adjourned.

Customer:

t

Alex Watts :

You need to show you have some defence

Alex Watts :

Does this clarify?

Customer:

yES THA NK YOU

Alex Watts :

If I could invite you to rate my answer before you go today please, the box is at the bottom of the screen

Customer:

WILL DO

Alex Watts :

Thank you.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Whatdoes your offer of 7 days free membership mean?

Expert:  Ash replied 2 years ago.
You would need to contact customer services for any questions relating to that. I can only provide legal advice as I have no access to any other part of the system.

Alex

Customer: replied 2 years ago.

Alex I did rate your service as excellent straight away. I don't know what is happening here. I have done it again. Sorry, you were indeed excellent.


I have a free week's advice. Do you deal with property law?

Expert:  Ash replied 2 years ago.
Dont worry, I think they are system generated.

Yes I deal with property law, please post any new questions: For Alex W

Thanks!

Alex

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