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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I believe I have suffered a miscarriage of justice in a civil

Customer Question

I believe I have suffered a miscarriage of justice in a civil case. And I have been told that nothing else can be done. In a nutshell, my mother bought out a business partner in 2006 for his share of the business amounting to £158k. No form of paperwork was conducted to indicate that it was a loan and I had always been told by her not to worry about doing any loan paperwork because, she would never do anything to hurt me and that one day it would be mine anyway. So I trusted my mother and thought nothing of it. I have a country Inn which is secured by a first charge to my bank. The property has been valued at £300k boarded and closed. In 2013 without speaking to me or knowing why, my mother went to solicitors who made a formal demand of the monies owing in full which I obviously did not have. All my money has been heavily invested into my business. She applied for a summary judgement and won despite their being a wealth of paperwork and disclosures remaining unexamined before the court. The summary judgement was applied in her favour with a whopping 8% interest awarded by a deputy district judge. (Now up to 190k) I appealed as the evidence had not been examined. In my view this should have gone to trial. The subsequent appeal was also dismissed and I am not allowed to appeal further. My solicitors think that because this is an unusual case, the judges just did not want to know. The second judge did not even have receipt of my files (as the appeal hearing was switched to a different court at short notice.) He said that it did not matter that he did not have all of the files as his opinion would not be swayed. There is no reason for my mother to have taken things this far as I do not know what her motive is. I have been the sole proprietor of this business for 12 years. I am a model payer of my bills and have built up a superb credit rating over the years. I sold my 5 bedroomed house to purchase the Inn and have never even used my business overdraft of 10K or my personal of 2.5K. Now my mother has ruined me with a CCJ and now has an open letter from her solicitors to force a sale of my business which I have put my entire life into, I have no pension or assets except this one. It is my home to myself and my 7 year old son. My business is healthy but we did have a bad year in 2013 with a decline of 13% in sales which was on par with other businesses in the area, coupled with the fact that I had a bad accident which left me immobile on crutches and an operation, essentially taking 5 months before the hospital discharged me from care. My family think I am running the business down which I am not. I have a lot of bookings a new campsite to open on site on the acreage I have on site with the Caravan and Camping club and have opened a gym & spa. 2013 saw a huge investment into building works which also accounted for that. In short, I now have a hearing for a legal charge hearing on my property beginning of March. I am completely torn apart by the way my case has been treated by the courts. I do not wish to lose everything. I have been advised by one rep of my top suppliers to go public. Or someone who can help write a book. I do not know what to do. I do not wish for anyone else to go through what I have gone through. I wanted to go to the European courts but I understand that as further appeals have been denied, I cannot do this. I know that I have had a travesty of justice served to me. My solicitors said that everyone practically fell of their chairs in disbelief when the Summary Judgement went in my mother's favour. Is there anything I can do to address the system?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

What is it you want to achieve?

Alex Watts :

Clearly if your leave to appeal was refuse, your options are quite limited as you may understand

JACUSTOMER-m8get29d- :

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?

Alex Watts :

The difficulty you have is this, you lost the appeal.

Alex Watts :

That is a problem.

Alex Watts :

The next step is to appeal an appeal which would be the court of appeal

Alex Watts :

Only appeals which are in the national interest or of public importance would ever get leave.

Alex Watts :

Sadly if the appeal was lost, there is not much you can do

Alex Watts :

There is nothing to stop you from going public

Alex Watts :

But the problem is you lost the appeal - this means your case has ended.

Alex Watts :

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

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-m8get29d- :

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.

Alex Watts :

You have nothing to lose by going public.

Alex Watts :

The only other option is to seek a Judicial Review of the Judges decision (ie not having the files).

Alex Watts :

But you have to do that within 3 months of the decision being complained of.

Alex Watts :

Outside 3 months and you are out of time

Alex Watts :

I am sorry

JACUSTOMER-m8get29d- :

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?

Alex Watts :

You need to ask a High Court Judge to do it and fill out forms.

Alex Watts :

JR is very hard to prove especially after an appeal.

Alex Watts :

It may be useless and to be honest is going to be hard to win. But there is a tiny chance.

Alex Watts :

Does that help?

JACUSTOMER-m8get29d- :

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?

Alex Watts :

Unlikely to make it in the public interest, but the other side just get a lot of bad publicity

JACUSTOMER-m8get29d- :

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?

Alex Watts :

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

JACUSTOMER-m8get29d- :

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.

Alex Watts :

The problem is this, you lost the appeal.

Alex Watts :

You can't take it to Europe but its not a matter against a public body

Alex Watts :

There was summary Judgment, this was confirmed by the higher Court.

Alex Watts :

The matter in reality has now ended. I am very very sorry and I know its unfair and I agree

JACUSTOMER-m8get29d- :

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.

Alex Watts :

Sadly not, there is a valid Court order for Judgment. The Court dealing with the sale can not go behind that

Alex Watts :

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

Alex Watts :

Does that clarify?

JACUSTOMER-m8get29d- :

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.

Alex Watts :

I agree it can be unfair and I am sorry about that.

Alex Watts :

Can I clarify anything else for you?

JACUSTOMER-m8get29d- :

The 38K? How can this be addressed? There is an error here as well.

Alex Watts :

The £38k should go against the debt.

JACUSTOMER-m8get29d- :

It should. This needs to be questioned. How do we do this?

Alex Watts :

If and when they apply for a charge then you show the Judge you have paid this sum and it will be taken off

JACUSTOMER-m8get29d- :

They have applied. The hearing date is 9th March. It is in our statement.

Alex Watts :

Ok - then you need to show that to the Judge

Alex Watts :

Does that help?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



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