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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

alanls

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Everything posted by alanls

  1. alanls
    The land is still owned by the original land owner. The defendant was an agent for the land owner at the time but that arrangement has probably ceased. The fact is the defendant offered to transfer the land in the knowledge that it did not belong to him. I assume that is fraud and a criminal offence. I do not know what the court will do or can do.
  2. alanls
    The wife does not own the land inquestion, it was owned by somebody else. The defendant was an selling agent for the land owner at the time of the dispute. The defendant is a slimy character and deliberately had all assets placed in his wifes name to protect himself.
  3. alanls
    I have a hearing to request specific performance to enforce a Tomlin order whereby the defendant was supposed to transfer a plot of land to me but didn't. The defendant does not own the land in question and all his assets which are significant are in his wifes name. My question is what should I ask the court to do in the event that the defendant does not comply with the Tomlin order. Is it entirely up to the court which action it takes ? He will be in contempt of court, will he get a criminal record ? Would it be worthwhile putting a restriction on the land with Land Registry. Also the land is now worth considerably more than I paid for it as the council have designated it for housing development.
  4. alanls
    I had a court hearing where the defendant was sceduled to transfer land to me by a specific date. He did not meet the schedule although he claims to have sent the documentation. As a consequence I requested judgement, there was a hearing and I was awarded judgement. I now have a letter from his Solicitor stating that he did send the documentation although no proof of this is offered. They also claim that the court did not send them a notice of hearing. They are asking me to set aside judgement. I do not know whether or not the court send a notice of hearing to the defendant, it is not my responsibility to ensure that they do. To summarise. They want me to tell the court that the defendant posted documents which I declared I had not received nor have they provided any proof of postage. They want me to tell the court they were negligent as they did not send out a notice of hearing to the defendant. They want me to tell the judge that he should not have awarded judgment in my favour instead it should have been a Tomlin order. In other words the defendant who has not legal qualification has superior knowledge to the Judge. if the court were negligent then that is a matter for them and the court and has nothing to do with me. They request that I ask for judgement to be set aside and a stay of execution. And finally they say that if they contest it they will seek their costs from me. I fail to see any blame on my part. Personnally I think it is a joke but I would welcome expert opinions.
  5. alanls
    I would like to prove that the wife was complicit in the transaction and to put a charge on the property which is in her name. If Bailiffs are not effective then what is ?
  6. alanls
    I was awarded judgement in this case so now I have to enforce it. The defendant has arranged his affairs so that he has little or no assets in his name. The house etc is in his wife's name. I understand there is a way to claim that his wife was complicit in the transaction and if I can prove that I can go after assets that are in her name. If I were to go down the Bailiffs route, what would happen if he were to claim all of their possessions were his wife's, what would the Bailiffs do ?
  7. alanls
    I was awarded judgement in this case so now I have to enforce it. The defendant has arranged his affairs so that he has little or no assets in his name. The house etc is in his wifes name. I understand there is a way to claim that his wife was complicit in the transaction and if I can prove that I can go after assets that are in her name. If I were to go down the Bailiffs route, what would happen if he were to claim all of their possessions were his wife's, what would the Bailiffs do ?
  8. alanls
    My court hearing was postponed as the Judge said I should seek legal advice. The hearing was in response to a N24 order not being complied with. I issued a N244 and requested judgement. It seems I may have used the wrong form, can anybody advise.
  9. alanls
    I attended a court hearing where the outcome was that a N24 was issued whereby the defendant was supposed to transfer land to myself. The defendant did not comply with the order. I ussued a N244 asking for judgement. The court has allocated a date for a hearing to discuss judgement. I would like to know if this is a re-run of the case or just a matter of discussing the N244 claim. Subsequently I have been contacted by somebody who also bought land and did not get title to it. He has offered to send a witness statement to the court which also includes information stating that the defendant is being investigated by the Police. Should I get the other person to send a witness statement to the court or is it too late.
  10. alanls
    I am trying to find the court fees payable for a N244 claim. The notes on the form give information in EX160A for those seeking to apply for a concession but does not give a link for those not eligilble for a concession.
  11. alanls
    The N244 notes state that I must submit a copy of the form to each party and one for the court. Does this mean I have to send acopy directly to the defendant in addition to the court.
  12. alanls
    Thank you for the information regarding the N244. Question 10 on the form asks what information will I be relying upon to support my application. 1. attached witness statement. 2. The statement of case or 3. the evidence set out in box below. My case is that the N24 has not been complied with so I intend to state my claim but do not know whether to use option 2 or 3
  13. alanls
    The defendant will complete the transfer of piece of land at named location under H M registry title xxxxxxxxx by 15th November 2012. The claimant is not required to pay any further consideration to the defendant for the land save that the claimant will pay to the defendant his reasonable costs of transferring the land which must not exceed £500 inc VAT. The claimant being responsible for registering the title with HM Land Registry. The defendant did not instruct the land owners solicitors, there has been no communication whatsoever. The date of the order has expired therefore I need to respond to the N24
  14. alanls
    Regarding N24 general form of Judgement or order. As far as I am aware I do not have judgement yet, I need to respond to the court with a form so that judgement can be obtained. I did find the link that showed how to enforce a judgement but my question relates to the step before that.
  15. alanls
    I am unable to see the link would you mind posting it again
  16. alanls
    Before I can register a claim on the land I need to respond to the N24 Judgement order and I don't know what form to use in order to do that. I don't want the land but I do want my money back that I paid for it.
  17. alanls
    Can you be more specific about the notice, land registry have a multitude of forms.
  18. alanls
    The defendant was ordered to convey some land to me using the land owners solicitors. He did not do so within the period stated on the N24 order
  19. alanls
    I attended a hearing where the above was issued and the defendant failed to comply with it I phoned the court and they said I had to submit a form but did not know which Does anybody know which form should be lodged with the court

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