Hello my name is ***** ***** I will help you with this.
What is it you want to achieve?
Clearly if your leave to appeal was refuse, your options are quite limited as you may understand
Apologies, I have just found this reply in my junk mail folder! Simply, how can the system be addressed? I gave my mother 38K already which was completely voluntary in recognition for helping me out, but the judge did not take that amount into consideration when adding 8% to the original sum. Clearly a mistake has been made? How can he make a decision without them? How can the 38k be classed as 'free' money? In order to resolve the issue I had also offered 50K in writing with a further payment plan. This was rejected outright by my mother's all or nothing attitude. As nothing was in writing, my mother has simply changed her mind about things and wants the full amount or nothing. Can she demand the full amount with no notice over night like this and expect to destroy a business with staff and the home of her 7 year old grandchild in occupancy? Can a judge really allow a force of sale on a healthy business without conditions? If my options are limited, what are they? I firmly believe justice has not been served. A wealth of evidence has not been examined nor any disclosure. The judgement is very wrong in this case. I need to take this higher up the system. My lawyers said they would take it up to the European Courts but because further appeal was denied I am left with a case that should have gone to trial. It is unusual and no material facts have been examined. The wealth of evidence has been stifled. How do I get justice? We are hoping that any final charging order is made with conditions for the time being. What can I do to prevent an order for sale? My mother is insistent that they are going to force sale. In order to be seen as making an effort we have offered £600.00 payment per month. I have increased this to £1,000.00 per month with a small lump sum. so far they have rejected everything. There will not be enough equity if they force the sale. The first charge holder is the Bank. To force a sale, makes no financial sense what so ever. The business is far more profitable as a going concern. My ultimate goal is to receive the justice I deserve but I don't know how to get it. Do I have to go to the media with this? Will that help? My accountant is also 100% behind me. She has been my accountant for 11 years and knows this business inside and out. She was my mothers accountant as well but dropped her as a client when she decided to take me to court and found out that she has been receiving undeclared income. This is not about money for her, rather it is emotive. During the 11 years my accountant has been with me, my mother has not once asked her about needing any money from me. Had this gone to trial, an awful lot would have come out in witness statements and of course the evidence. My solicitors basically branded the first deputy district judge as "incompetent" and the second as a 'liberal' with a record of a few questionable case judgements and who could not be bothered to investigate further, (evident with my files missing, the court did not send them across to the other court that the case was suddenly, at short notice transferred to!) Limited options, you admit. Can anything be done to address a travesty of justice?
The difficulty you have is this, you lost the appeal.
That is a problem.
The next step is to appeal an appeal which would be the court of appeal
Only appeals which are in the national interest or of public importance would ever get leave.
Sadly if the appeal was lost, there is not much you can do
There is nothing to stop you from going public
But the problem is you lost the appeal - this means your case has ended.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Can I clarify anything for you about this today please?
Would anything be achieved by going public? There has to be a way for the truth to come out. I feel sick about not getting justice and I am also worried about losing my home. Can we put a stop on that? We can only continue to convince a judge that this is not in the best interest of anyone. No one can believe it has got this far. Summary judgement is for those cases that are clear cut and this was not. The evidence and witness disclosures were not examined, it should have been. My files were missing at the appeal. This cannot be right. It is terrible to question the law but there is something terribly wrong here.
You have nothing to lose by going public.
The only other option is to seek a Judicial Review of the Judges decision (ie not having the files).
But you have to do that within 3 months of the decision being complained of.
Outside 3 months and you are out of time
I am sorry
It is certainly within time. How do we ask for a judicial review. Why have my solicitors not thought of this? It must be in the court transcript when he said that he did not have the files but if he did, he would not be swayed by them anyway?
You need to ask a High Court Judge to do it and fill out forms.
JR is very hard to prove especially after an appeal.
It may be useless and to be honest is going to be hard to win. But there is a tiny chance.
Does that help?
I don't know until I ask my solicitor. But if I went public would that help to open up the case in any way? Would it be in the public interest then?
Unlikely to make it in the public interest, but the other side just get a lot of bad publicity
That will not achieve anything then really. I will be only left in the same position and justice will still not be served. If you were me, what would you do?
To be honest, let it go and move on with my life. The appeal was lost, it is not worth losing more sleep and energy over
Really? Just let they other side get away with it? All my years of hard work to save for a home, buy a business and become successful with a superb credit rating, to be thrown away for nothing with a 7 year old child and possibly become homeless in the process? Knowing all of this and justice having not been served, you would flush it all away and simply start over? I am 51 years of age. My whole life is in my home and business. It is crazy.
The problem is this, you lost the appeal.
You can't take it to Europe but its not a matter against a public body
There was summary Judgment, this was confirmed by the higher Court.
The matter in reality has now ended. I am very very sorry and I know its unfair and I agree
Is there any way a forced sale can be stopped? I cant believe this is happening. Assuming that the charging order is not suspended with conditions? It is all very hard to take, knowing that we had evidence to prove our case.
Sadly not, there is a valid Court order for Judgment. The Court dealing with the sale can not go behind that
The only thing you can do is offer to pay the debt and see if the Court will accept that in lieu of the sale
Does that clarify?
Thank you Alex. I would love to be able to pay the 158k on demand and have offered 50k and paid 38K. The problem is I do not have 158k just laying around. I had no notice of this predicament and I always trusted my own mother. What about the 38K already volunteered to her. This would seem like free money as the judge did not take that amount away? Another thing that is wrong. I do appreciate that you are trying your best to answer my questions. I can almost understand now why people take their own lives. We have a very bad system here.
I agree it can be unfair and I am sorry about that.
Can I clarify anything else for you?
The 38K? How can this be addressed? There is an error here as well.
The £38k should go against the debt.
It should. This needs to be questioned. How do we do this?
If and when they apply for a charge then you show the Judge you have paid this sum and it will be taken off
They have applied. The hearing date is 9th March. It is in our statement.
Ok - then you need to show that to the Judge
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