How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33316
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

Can I retrieve my property as I don't think it should have been sold. The DJ who orde

Customer Question

Can I retrieve my property as I don't think it should have been sold. The DJ who ordered the sale knew that I had serious objections but she signed the Court Order, the Eviction order (when the County Court would not) and then signed the TR1 and the sale as 'a District Judge' representing me as if I was mentally incapacitated! It can't be right!
I have already put a full query through earlier this afternoon. Have you read it?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When did this happen and did you appeal the underlying order?
Clare
Customer: replied 1 year ago.

Hi

Yes I did appeal and took a friend with me to the hearing and she thought I had put a cogent argument to the Court. But because I was late and did not focus enough on the reasons for my late appeal (It was the 19.11.2008, I had been made homeless at the end of October, I was due to go into hospital for major surgery (hip replacement) on the 25.11.2008 when I would lose my temporary accommodation with another friend, and I could not control my post (which was going to my ex-husband and that woman), I was not in control of my life and was emotionally very distraught whilst physically impaired as well (I was operated on the second hip in 2009 and I was in very serious pain).

Being homeless, I did not have access to my papers or a computer and I had been financially exhausted (deliberately) by my ex-husband, so I was virtually penniless. Worse was to come when my Pension Credit was stopped in December 2008 which meant I was no longer entitled to Legal Aid.

By the way the charge on my flat is not from a legal aid solicitor.

I lost the appeal.

What I am concerned about is that my house was sold by two people (ex-husband and DJ) who had not paid £1.00 between them to buy it when I had struggled for 34 years to put a roof over the heads of my husband and children, to the detriment of my own health and interests.

I hope you can help me

Josette

Expert:  Clare replied 1 year ago.
Hi
I am afraid that base don what you have said there is no possibility of the Transfer being set aside.
If there was a Court Order for the sale then I am afraid the DJ was required to make the appropriate Order allowing her to sign on your behalf.
Of course this does not mean that you may not be able to overturn the underlying order - just that the Transfer will not be reversed.
Please ask if you need further details
Clare
Customer: replied 1 year ago.

Hi Clare

Could the same DJ sign the Court order saying that the house had to be sold (on the basis of false statements and fabricated evidence) and then sign the order for my eviction and then sign on my behalf for the sale?

When I wrote to the Court Manager/the District Judge and asked what piece of legislation authorised the DJ to sign on my behalf as a (= any) DJ, I did not get any reply on that point.

I think it is totally wrong that the same DJ could have acted on my behalf.

Is the only solution to get back at the solicitors on the basis of their professional liability insurance?

Expert:  Clare replied 1 year ago.
Hi
The DJ was not acting on your behalf - she was acting in her capacity as Judge and it is absolutely normal for it to be the same DJ who deals with it all
This was an enforcement issue and the legislation is here
http://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_33a
Clare
Customer: replied 1 year ago.

Hi Clare,

I am sorry but in para. 12 of TR1 next to the signature of the District Judge, it says:

Signed as a Deed by

a District Judge on

behalf of JOSETTE ATACK (= me)

in the presence of :

When I kept disagreeing with the sale I thought that a Duty Solicitor or another District Judge or some other independent person would be asked to convince me or to finally overrule me.

My mental faculties are not such that the DJ had to sign 'on my behalf'.

Josette

Expert:  Clare replied 1 year ago.
Hi
It was signed by the Judge instead of you - that is what "on behalf of" means in this context
I am sorry but this is the way that enforcement of orders for sale are routinely dealt with
Clare
Customer: replied 1 year ago.

Hi Clare,

I think I was entitled to a fair trial and I don't think my human rights were respected. I think there was collusion between the solicitors and the DJ so that I would be deprived of representation and the DJ did not allow me more time to arrange for legal representation. They even mentioned in court my hospital admission date to make sure that it was taken into account in their plans. (The court transcript had been heavily redacted by the time I got it). As for signing 'on my behalf' or 'instead of me' being all the same it is not. On my behalf means acting for me, in my interest. This she could not do and she knew it. She did sign instead of me so that there would be two signatures on the TR1 but I don't think that as a District Judge she was entitled to take all the roles of judge jury and executioner.

When I wrote and asked which piece of legislation she was using to cover herself, there was no reply. She had also included in the order that she was the sole judge I could go to for any further application in relation to it, which I think means 'fettering the courts'.

Expert:  Clare replied 1 year ago.
Hi
I am sorry but in this context no it means signing in your stead - she was in no way shape of form acting on your behalf,
I have given you the legislations that applies.
The Order for sale was made and this was an enforcement applictaion - and the District Judge exercised her legal right to sign the TR1 to give effect to the Order.
The legislation involved is Section 39 of the Senior Courts Act 1981 (formerly Supreme Court Act 1981) and Section 38 of the County Courts Act 1984"
Clare

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions