estoppel

[tiger7861]

Since your son is presumably not mentioned as owner on the land registry, she would have to convince the court that he has some sort of 'equitable' interest in the house, i.e. that he is the real owner despite what it says on the land registry. That claim is difficult to prove and I think it is also a little bit contradictory to her estoppel claim against you.

 

Not sure why they would settle me a letter for settlement then not signing consent

[tiger7861]

Since your son is presumably not mentioned as owner on the land registry, she would have to convince the court that he has some sort of 'equitable' interest in the house, i.e. that he is the real owner despite what it says on the land registry. That claim is difficult to prove and I think it is also a little bit contradictory to her estoppel claim against you.

 

Consent orders to they get signed before trial

[steampowered]

A consent order means that both parties have agreed on a compromise. That is the 'consent' part. The 'order' part is that the court endorses the compromise to make sure each party sticks to it.

 

A consent order would normally be signed before trial, yes. There would be no point agreeing to compromise a case after you have already gone through the trial.

[tiger7861]

A consent order means that both parties have agreed on a compromise. That is the 'consent' part. The 'order' part is that the court endorses the compromise to make sure each party sticks to it.

 

A consent order would normally be signed before trial, yes. There would be no point agreeing to compromise a case after you have already gone through the trial.

Thnxs steam plz,let me clear my q is it normal practice if you agree before trial for the other side to sign order after trial date and then send you letters like our client is consulting counsel etcc

[steampowered]

You would normally consult counsel before agreeing to a consent order. If she is consulting counsel that would usually mean she hasn't decided what to do.

[tiger7861]

You would normally consult counsel before agreeing to a consent order. If she is consulting counsel that would usually mean she hasn't decided what to do.

 

Ok so if she doesn't sign next option. Back to trial or can I used her letter where she's agreed a settlement to evict

[steampowered]

Going to trial is certainly one option.

 

A letter agreeing to a settlement might help you, but in order to be useful would need to satisfy the basic legal requirements for a binding contract. In particular it must be clear that she gave her unconditional agreement and it must be clear exactly what the terms of the settlement are (something like 'I want to settle' or 'I might consider settling for £100' would not be enforceable; something like 'I agree to settle for £100' would be). I can't give a view on this without seeing the exact wording of the letter and knowing the history to the discussion, so it is a question for your solicitor if he is still involved.

[tiger7861]

Going to trial is certainly one option.

 

A letter agreeing to a settlement might help you, but in order to be useful would need to satisfy the basic legal requirements for a binding contract. In particular it must be clear that she gave her unconditional agreement and it must be clear exactly what the terms of the settlement are (something like 'I want to settle' or 'I might consider settling for £100' would not be enforceable; something like 'I agree to settle for £100' would be). I can't give a view on this without seeing the exact wording of the letter and knowing the history to the discussion, so it is a question for your solicitor if he is still involved.

Exact wording we confirm our client accepts your clients offer then it mentions the amount then it says please send a draft consent order for our approval

My question with this letter will I get the eviction approved?

The offer approved by them is it a legal binding contract ?

On top of letter is says without prejudice

[steampowered]

That wording sounds quite clear to me. I'm reluctant to express a clear opinion without actually being able to read the documents, but it certainly sounds like there is a binding settlement contract there, as the offer has been accepted.

 

I'd think that should be enough to dispose of the estoppel case (though better to have the consent order) if push came to shove. It would help greatly with the eviction (but wouldn't necessarily get you an instant eviction if she still refused to leave).

[tiger7861]

That wording sounds quite clear to me. I'm reluctant to express a clear opinion without actually being able to read the documents, but it certainly sounds like there is a binding settlement contract there, as the offer has been accepted.

 

I'd think that should be enough to dispose of the estoppel case (though better to have the consent order) if push came to shove. It would help greatly with the eviction (but wouldn't necessarily get you an instant eviction if she still refused to leave).

 

So if they don't sign consent order it will make no difference

Will there final letter that they are seeking councils advise cancel the acceptance letter

[steampowered]

If there is a legally binding contract formed when they accepted your offer, they can't undo that by seeking advice later. A binding settlement agreement is binding regardless of whether you implement that through a consent order or in some other manner.

 

If there was not a legally binding contract formed for any reason, it remains the case there is still no legally binding contract.

 

It is possible that they accept the terms of the settlement in principle and are taking advice only on how that is to be implemented through the precise wording of the consent order.

 

I don't want to say which possibility is the case here, as to give a sensible opinion on this I'd need to see the actual documents.

[raydetinu]

IMHO, I would continue with case in court and let them agree to any settlement in front of a judge.

No compensation or any concessions until they are actually out and you have all the keys.

You will have to play hard ball now, as they keep prevaricating.

[tiger7861]

IMHO, I would continue with case in court and let them agree to any settlement in front of a judge.

No compensation or any concessions until they are actually out and you have all the keys.

You will have to play hard ball now, as they keep prevaricating.

 

Ok thnxs even if I get consent can she then sue my son for beneficial interest on house

[raydetinu]

How can you sue your son? as he has no legal interest in the house ( house is not his assett ). Think I said this before.

[tiger7861]

Latest consent order signed by opp basically agreeing to she is only a licensee in the property a date given to leave if not I will need a warrant from court to evict

If she has agreed she is only a licensee does that mean she has no beneficial interest ?

[BRIGADIER2JCS]

Latest consent order signed by opp basically agreeing to she is only a licensee in the property a date given to leave if not I will need a warrant from court to evict

If she has agreed she is only a licensee does that mean she has no beneficial interest ?

Yes.

[steampowered]

The consent order is great news. That should stop her claiming any interest in the property.

[tiger7861]

The consent order is great news. That should stop her claiming any interest in the property.

 

Could she know after signing consent order start to say that my son has an interest in house

[tiger7861]

The consent order is great news. That should stop her claiming any interest in the property.

 

How long will it take to get warrant from the court for baliffs

[steampowered]

Could she know after signing consent order start to say that my son has an interest in house

No, provided that this is prevented by the consent order. Consent orders are legally binding.

How long will it take to get warrant from the court for baliffs

I don't know the answer to this.

[tiger7861]

No, provided that this is prevented by the consent order. Consent orders are legally binding.

 

I don't know the answer to this.

 

All sorted got it back she left before baliffs turned up

[raydetinu]

There you go, well done.