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Hi, this is Jim, thank you very much for the question - I will do my best to resolve this for you today.
It is not a full trial, the only thing the court and the judge will be concerned about is your application and the lack of merit / prospects of success of the defence. You should still attend the hearing on Wednesday. When you do, address the judge as either "Sir" or "Madam". Say that your application is to strike out the defence and briefly summarise the reasons why - the attached may be useful as it refers to the relevant rule in a civil claim. The court is unlikely to adjourn the hearing for want of knowledge - it is not a full trial - it is simply to assess the merits of your application, and the lack of merit in the defence document. If you can show there is no real reason why the case needs to go on - i.e. the defence is poor or shows no reasonable grounds for defending this claim, then the judge has discretion to strike it out and grant you summary judgment. I hope this helps?
No, it's not a full and final hearing - there is no agreement for a bundle as a result. She is completely mistaken. You do not collaborate in this - you make your application, she needs to file a witness statement to set out why she opposes your application. If she is lying then it's a serious issue for her - you should definitely flag this with the judge when you speak to them on Wednesday.
I would raise it at the hearing and ask the judge to make an adverse inference based on what she has done (I wouldn't go so far as to tell the judge "she's lying", rather tell the judge there are serious discrepancies and hopefully the judge will ask the solicitor to explain herself). The judge will be aware of the reasons for your application - if they are still unsure then refer them to the case law and ask them for an order as per your request. Nine times of out ten the judges have already made their mind up about the outcome from reading the papers.
It'd be if they fail to pay after 14 days (from the court order).
Here is the link : https://www.gov.uk/government/publications/form-n379-application-for-charging-order-on-land-cpr-part-73
A £110 fee is payable.
Though I favour bailiff enforcement. You can transfer the CCJ to the High Court so that you can use the high court enforcement officers (who have far greater powers than county court bailiffs including seizure of goods to sell at auction and forcing entry to premises). The following company can do this for you and they add their fee to the CCJ sum: https://www.courtenforcementservices.co.uk/services/ccjs-transferring-high-court/
She can only appeal if the judge is wrong on a point of law or procedure - until an appeal is allowed then you can enforce. You can apply for the charge and then force a sale - easy to do. Bear in mind an appeal has to be considered by a judge - if there are no prospects of a successful appeal and it appears she is buying time - her request for an appeal WILL be rejected
She could do, yes, though a freezing injunction can be applied for under Part 25 of the Civil Procedure Rule - https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part25/pd_part25a
The application fee is £255 which is recoverable from her if your application succeeds. It would be worth applying if the house is the only asset available and if there is a real risk she would try to put it out of reach by giving it to a family member.
Yes, you could do it without notice and indeed that would be wise as she could easily make a transfer within that time if she tried. The N244 form must be used and say that you make the application under CPR rule 25 and Practice Direction 25A, for the freezing injunction. You should say why you are making the application and to ask for the order to made urgently. You should detail the address for the property in question.
Hi, you can use a witness statement and draft order. The wording is on the annex to this link : https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part25/pd_part25a#6 however I have not actually done one myself, though other experts on Just Answer may have so if you need more help, just post a new question and ask for help with applying for a freezing injunction.
The bundle is for the final hearing, not an interlocutory application. I have not seen the court order she is referring to, and would like to if you can upload it. The claimant is usually tasked with preparing the final hearing bundle and to agree the contents beforehand.
Yes, you would need to prepare a bundle to be used by the court for the final hearing.
There should be a paperclip symbol. For uploading documents please see the following guide: https://www.justanswer.com/help/how-do-i-send-photo-or-file-expert
Thanks, ***** ***** order at paragraph 3 - it says either the claimant or the party making the application must do the bundle - correct me if I am wrong but it was they who made the application, hence the hearing on the 16th?
Thanks, ***** ***** the other party is legally represented? They have a solicitor, so are legally represented? Para 4?
I see, OK, then you would have to have prepared the bundle - you say you have done this, which is fine. It needs to be emailed to the court and again, I think you have done this already. If she sent a document yesterday she just needs to send that to the court by email if she wants it included. I would not correspond further with her though
No problem, thanks
Hi there, I've not done one before, but if you ring the court tomorrow morning, see if they will take payment for an application, send them a completed N244 form, ask for the application to be dealt with at the same hearing tomorrow at 12.30pm.