Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder waitabit Novitiate

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    Default court gave order to return payment of 68k for arrears and to repossess property

    What does one do if the court give on order to return payment of 68,000 for arrears and to repossess property


  2. #2
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    Default Re: court gave order to return payment of 68k for arrears and to repossess property

    panic!

    no

    far too little info for anyone
    to be able to even begin to help you.

    tell us the FULL story

    and name names if you want too. [mortgages companies/solicitors/DCAicon's etc etc]

    dx


  3. #3
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    Default Re: court gave order to return payment of 68k for arrears and to repossess property

    Quote Originally Posted by waitabit View Post
    Full Story, a long fight, please read all

    My Name is
    I have property in shoreditch london which i place in trust in 2003 and consist 6 floor 7 flats, bar restaurant club

    In 2005 Commercial first business limited gave a refurbishment loan for the sum 877,000 to foster property services and i was the grantee to loan

    After my builder did not keep to is agreement of paying the monthly loan payment the account got in arrears

    On the 03 June 2008 in the clerkenwell shoreditch county courticon made on order to 3000 extra per month to Commercial first business limited and once the payment is made in full the order cannot be enforce.

    In July 2011 i have conjoined commercial first business limited with land registry in the high court to interpret section 23 and 34 of the land registry 2002 act

    Reason

    1) Commercial first business limited charge my property under first registration (cannot be done under the 2002 act
    2) Commercial first business limited is not regulated to give mortgageicon
    3) agreement with Commercial first business limited is for 1000. commitment fee
    4)Commercial first business limited has not got the capital from there report to given loan
    and to charging property for money they never lent is fraud
    5) i did not sign any agreement with Commercial first mortgageicon limited
    This case is of public interesticon and it still waiting to heard by the civil appeal


    The story will continue


    I was petitioned for bankruptcy by Davenport Lyons solicitor in June 2011 for a court order payment of 17,063.
    while making of payment 50 per week ,
    the case .....came to court on the 03 10 2011 be fore district judge hart,
    on the day the hearing was adjourned until the 14 of November 2011 for Davenport Lyons solicitor to amend the statuary demand and petition and re serve

    On the 11 October 2011 Davenport Lyons solicitor re serve statuary demand and petition together with amending statuary demand.
    I appeal to the appeal court on 13 October 2011 appeal number----------- on the grounds
    1) defective statuary demand company on the petition does not ex sis
    2) never got 21 days been statuary demand and petition
    3) was refuse cost
    4) asking the high court to to stop the ..... until the out come of the appeal

    On the 10 November 2011 i wrote to district judge hart asking her to adjourned the hearing on the 14 November 2011
    i had urgent appointment with my doctor on the 14 of November also can the court wait for the out come of the appeal.
    District judge hart reply she will make the decide on the day.

    on the 14 of November at 12,15 while i was been treated for diabetes i was bankruptcy by district judge hart

    secretary of state was appointment was made on 18 November for Rob Horton of Leonard Curtis recovery as trustee

    on the `18 November 2011 i made on application noticeicon .......in he high court to set aside the order on the 14 November 2011 with my doctor report and detail of the appeal for the 03 of October 2011

    official receiver Sean Dempsey state that commercial first business is secure and his not in the bankruptcy

    Rob Horton trustee closed the bar club restaurant which is out many limited which is not in the bankruptcy
    also foster property projects limited also not in the bankruptcy

    taking from bar club restaurant about 28,000 per month
    flats about 14000, per months

    Rob Horton trustee wrote all tenants not pay foster property projects limited

    justice Roth on the 13 December 2011 stayed the appeal on the 03 October and the Application notice for 14 November 2011 to be heard on the 10 02 2012

    on the 22 December 2011 Rob Horton trustee applied to the high court with out notice to remove the stay of the application notice as appeal of bankruptcy and to transfer ......to the high court

    The order was granted by justice Richard
    I appeal this order to civil appeal case number .....

    on the 17 January 2012 Rob Horton trustee made application to high court under formerly .......to added foster property projects limited out of many limited Lawrence Campbell
    my daughter and grand son which is 4 years old to join to the bankruptcy injunction on all not to take rent, not go to the property are to communicate to any one in the property
    and for date get summery judgement
    This order has been appeal to civil appeal

    on the 10 of Feb 2012 justice sitting appeal judge find the appeal for the 03 October 2011 with out merit
    and the application notice for 14 November 2011 refuse as an appeal
    i appeal the order for 14 November 2011 to civil appeal
    the master reply that i could not appeal on appeal, i must go back to judge.
    after written to justice Roth , he reply he sort it was appeal and i should appeal on pro regularly
    I appeal to civil appeal .......

    Commercial has now been paid up to feb 2012
    march commercial first business limited seeks eviction
    trustee wrote to the tenants letting them that bank is enforcing it charge

    on the 31 may at the summery judgement hearing iin front judge pelling
    because of my deeds of trust the case had to go to trail on the 12 12 12

    application was made to conjoined trustee and commercial first business limited because the both wanted the property
    justice vos refuse to conjoined
    this order was appeal to civil appeal

    commercial first business limited apply to the clerkenwell & shoreditch county court to amend his from june 2008
    this application was granted to enforce eviction

    Rob Horton trustee step down September 8 2012 with out notice
    Neil benett of Leon curtis recovery was on record on the insolvency record on the 13 October as appointed of ......

    I made application notice to the high court for 49 hour notice for cost and damage and to re move the injunction
    we had to re apply given 72 hour notice
    While here the application on the 1 of November 2012 were given the order of block transfer in bankruptcy which Neil Benett was appointed trustee of .....( not my case)

    Commercial first business limited service his eviction notice on the 18 October 2021 also giving us the option to make payment
    on the 27 November 2012 a payment of 68,000 was paid to commercial first clearing all arrears

    The trustee has written on the 20 10 2012 stating because commercial first business limited is enforcing is charge the court has vacated the trail for 12 12 12

    All appeal has been conjoined
    lord justice lewson refuse all appeal stating has no merit to each one
    the conjoined appeal been commercial first business limited and the trustee, they should not be joined.
    and i have no more domestics remedy

    on the 12 12 12 in the queen bench high court, commercial first business limited use the alleged trustee solicitor witness statement with out proof to sway the judge to refusing payment and validating the trustee allegation


    bit of mouth full
    all documents r available

    thanks guys look forward to here from you
    edited



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