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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have received an injunction order with a penal notice, and

Customer Question

I have received an injunction order with a penal notice, and apart from the main part of the order. There is to be a hearing for the costs of the claimant against me. I received the injunction order yesterday morning by email and my wife received a copy at the house yesterday afternoon about 4 PM
order says.
"5 ) This matter is to be listed for a short appointment before her honour Judge Raeside on 9 November 2015 at 2 PM in Guildford County Court.
6) bundles for the costs hearing to be filed and served by each party by 4 PM on 28 October 2015."
And the court required any alterations to the orders to be notified to the other party. At least 48 hours before any such application. (An impossible task. You can see).
The local authority costs at the hearing, was said by their solicitor to total ££9400 including VAT of which his part of those fees were around £3500 and the balance was the local authority costs of around £6000 and that all of the costs started arising about three years before the hearing (however, the fact that the authority were going to take action and first communication in that direction was only about eight weeks before the hearing)
I am writing to the court by email straightaway to ask them for four weeks more to serve my bundle and the hearing for costs put off. Accordingly, because I am 76 years old and my wife is 80 years old and disabled and I work about 14 hours a day, seven days a week to survive Anything less than four weeks Further to provide a bundle would I believe be impossible.
Regarding costs. I need to supply a lot of information regarding my debts, including affidavits from my accountant and others to show my lack of ability to pay until at least I sell a property which will take some considerable time because of tenancies and preparing the place for sale, etc, etc, in addition I will need to provide evidence from a witness to show that the local authority prosecutor in the lunch interval approached me aggressively saying words to the effect "you have really upset us and we are going to get you." Until his lawyer pulled him away. This was witnessed by someone I know who will is needed. Swear to it.
Accordingly, I need to know firstly what I should best do to get more time (four weeks say) and second what impact would the fact that the authority had not given any prior notice of the proposed action until sending an injunction of 160 pages for five days before the initial hearing instead of advising the miscreant (me) to stop using the annex which was supposed to be only used as ancillary to the house, and first erected under PD as an annex not requiring approval (i.e. so long as not used as a separate dwelling) have on the judge's view of the proportion of total costs that should be paid. So how will the judge look at that aspect that there was no effective warning of action, even though the authority inspector had inspected the property. Some two months before the action and made no comment to anyone.
Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What is it you want to know about this please?
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Do you have a number we can talk on?
Customer: replied 1 year ago.

yes 017784 880666

Expert:  Ash replied 1 year ago.
I will call shortly.
Alex
Expert:  Ash replied 1 year ago.
I think the number you gave me is wrong
Alex
Customer: replied 1 year ago.

sorry 01784 880666

Expert:  Ash replied 1 year ago.
Thanks

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