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    • i point you to two threads whereby you'll see an explanation by andy (post 22 here) https://www.consumeractiongroup.co.uk/topic/410486-lowell-interim-charging-order-from-credit-card-debt-2009/?tab=comments#comment-4912902   and   https://www.consumeractiongroup.co.uk/topic/406428-remortgage-issue/   if yours says:    written notice of the disposition was given to XX Council ( - disposition = sold vis: disposed of) ..... notice means letter telling them it's been sold -    doesn't say it must be paid or settled BEFORE disposition..   that's the way i read it.          
    • dx100uk   You are absolutely correct. That's exactly what the wording is! And if that's the case then - happy days for me! However, I thought that:   1. This wording meant the conveyancing solicitor had to tell the council that the house was about to be sold so they were aware!   But you are saying that the council only needs to be informed AFTER the house has been sold? Can I tell the council that? [I think I've seen something on the internet that says I can, rather than the CS] Or do I need the conveyancing solicitor to contact the council?   2. That this wording wasn't a restriction K [as I'd looked at Schedule 4 of the Standard Forms of Restriction] and tried to match my wording to those listed - and thought restriction K was the closest.     3. That this was a non-standard restriction [and that's what the Land Registry told me too and that the restriction was not a Restriction K!!! [see extract below]   Please remember that when applying for a restriction not in standard form:   it must always contain the words ‘is to be completed by  registration’ rather than ‘is to be registered’. This will serve to make the effect of the restriction clear. The term ‘registered’, where used in any of the standard form restrictions, means the completion of a registrable disposition by complying with the relevant registration requirements prescribed in Schedule 2 to the Land Registration Act 2002 (rule 91(3) of the Land Registration Rules 2003), but this statutory definition only applies to standard form restrictions. Please note that we will not accept restrictions not in standard form for registration that contain the words ‘is to be registered’   So I'm confused now. IF it is a restriction K - then the conveyancing solicitor doesn't have to do anything and I can let the council know.   It seems it is dependent on the wording 'completed by registration' and 'is to be registered'???   Below is copied from Martin's MSE.   This relies again on the 'is to be registered' whereas my wording is ' completed by registration' which you say is restriction K and LR says is not.   I need to go to sleep now!   Thanks dx.   Extract from MSE below.   If your property is jointly owned a creditor will not be able to obtain a CO against you, they can only get what is called a restriction. The laws on Restrictions are totally different to Orders, the most important being there is NO OBLIGATION for you to pay any of the proceeds of the sale to the creditor. However, during the whole court process you go through the reference from all parties (especially the creditor) will be to charging order and NOT to restriction. This is done in order to deceive you believing you are stuck with a CO. However, not all solicitors are aware of the law in this regard and it is important that you raise this point with them in the first instance before proceeding with them Quote: Restriction The restriction which can be entered on the register where a charging order is made against one of joint proprietors is in the following form :- No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of /I]an interim[I/I]a final[I charging order on the beneficial interest of (name of judgment debtor) made by the (name of court) on (date) (Court reference.…).        
    • Hi Tony,   Please ensure YF does NOT acknowledge any debt  when confirming their new address.   They should simply state, " Please note my new address, as shown above."   Do not say anything about "a debt owed", or "the money you are chasing."   Do nothing that resets the SB Clock - ie acknowledging the debt and causing probs for the next 6 years. 
    • you ring you bank    
    • i suspect the charge on the Land registry site against the house reads:   2. (XX.XX.2007) RESTRICTION: No disposition of the registered estate is to be completed by registration without a certificate signed by the applicant or his conveyancer that written notice of the disposition was given to XX Council at P.O. Box XX, STREET, TOWN, POSTCODE, being the person with the benefit of a Charge under Section 22 of the Health and Social Services and Social Security Adjudications Act 1983.   ..............   that is a restriction k and is useless to the council, as all 'legally' your have to do is inform them AFTER the house has been sold . then it's too late money has gone.   dx
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Brownguy53

Halfords overfilled engine oil then bodged repair then denied liability! Legal action starting! HELP needed!**SUCCESS**

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This is the time to start scanning every letter, email, document, invoice related to this case into a folder on your computer along with copies of the relevent case law etc you will be relying on.

 

Basically start building your bundle electronically so as not to leave it to the last minute


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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Hi well i got halfords directions today and they ticked mediation..so did I. So I understand that from that it means mediation is next? Weirdy i rang MCOL to confirm mediation is the next step and they told me that mediation will be 'considered' and a judge will see if its suitable? Is that right?

SabreSheep I already have quite a lot of paperwork although it need filing I shall do that..in terms of evidence on my pc and a folder etc thats already done too.

Steampowered, I already made Halfords prior to court two offers, would a settlement really be something they'd consider? Considering they are using a solicitor ?

A wise person on the forum has already advised me of something i didn't consider with but now in thought think is a key thing..If mediation goes ahead I would want it to be with Halfords directly and not their legal representation. Could i perhaps write to the court and request this..just the woman said to me apparently you can email MCOL now in regards to a claim?

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You never speak to the other party anyway. The mediator speaks to each party individually and relays information between the two.

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:jaw:

You never speak to the other party anyway. The mediator speaks to each party individually and relays information between the two.

 

The mediation would be between me and Halfords lawyers though wouldn't it?

Am not interested in being dominated by their lawyers so I've got mediation instructions on hand anyway. So far am waiting to hear back from the courts about mediation as I'm told I'll get a phone call.

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I'm not sure you'd be able to force them (Halfords) to speak directly to be honest. They do have a right to be represented.

 

What I'm trying to say is regardless, you never communicate directly with the other party. The mediator will call you one at a time and pass information to you, in the aim of reaching a settlement. You won't be dominated by anyone.

 

I shouldn't worry about it and instead focus your efforts on getting your files in order - that's more important.

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I'm not sure you'd be able to force them (Halfords) to speak directly to be honest. They do have a right to be represented.

 

What I'm trying to say is regardless, you never communicate directly with the other party. The mediator will call you one at a time and pass information to you, in the aim of reaching a settlement. You won't be dominated by anyone.

 

I shouldn't worry about it and instead focus your efforts on getting your files in order - that's more important.

 

Although I have agreed to mediation, I am a litigant in person and I shall point out I am happy to try and resolve this matter by mediation but not through the defendants legal representatives. I am going to let the courts know this when mediation contact me and Halfords Legal representatives are experienced legal professionals and there job will quite naturally be to secure every advantage they can for the claimant even if it disadvantages me.

I do not wish to be dominated by the lawyers...

I am only interested in attempting to achieve a mediated settlement if the mediation is conducted with Halfords own personnel, so that we are on a reasonably equal footing and so that we both wish to achieve a fair outcome.

I do not believe that legal professionals are able to do this.

Therefore as per my directions questionnaire I agree to mediation but on this term due to these reasons, thats exactly what I am saying and what I am going to tell mediation, quite simply.

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No but seems very helpful so I will take a read. Thanks

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Although I have agreed to mediation, I am a litigant in person and I shall point out I am happy to try and resolve this matter by mediation but not through the defendants legal representatives. I am going to let the courts know this when mediation contact me and Halfords Legal representatives are experienced legal professionals and there job will quite naturally be to secure every advantage they can for the claimant even if it disadvantages me.

I do not wish to be dominated by the lawyers...

I am only interested in attempting to achieve a mediated settlement if the mediation is conducted with Halfords own personnel, so that we are on a reasonably equal footing and so that we both wish to achieve a fair outcome.

I do not believe that legal professionals are able to do this.

Therefore as per my directions questionnaire I agree to mediation but on this term due to these reasons, thats exactly what I am saying and what I am going to tell mediation, quite simply.

 

Unfortunately you are going to be disappointed then.

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It is very standard for legal advisers to be involved in mediation. That's just how it works. In theory at least, part of the purpose of mediation is to ensure that both sides understand the legal arguments being made by the other.

 

There are no "advantages" to be secured during mediation. Anything discussed during mediation is covered by "without prejudice" privilege which means that it can't be used in court. The court shouldn't hear about anything that is discussed during mediation unless a settlement is agreed.

 

In order to prepare for mediation you simply need to know what figure you want to go in with, and what minimum figure you are prepared to settle for. I don't think much else matters.


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It is very standard for legal advisers to be involved in mediation. That's just how it works. In theory at least, part of the purpose of mediation is to ensure that both sides understand the legal arguments being made by the other.

 

There are no "advantages" to be secured during mediation. Anything discussed during mediation is covered by "without prejudice" privilege which means that it can't be used in court. The court shouldn't hear about anything that is discussed during mediation unless a settlement is agreed.

 

In order to prepare for mediation you simply need to know what figure you want to go in with, and what minimum figure you are prepared to settle for. I don't think much else matters.

 

 

I totally understand what everyones saying..but I'm a litigant in person. What legal training or background do I have as to their lawyers, who are a firm rated in the top 100? Without sounding big headed am not taking them to court to prove who has more legal knowledge..what legal representation or advice do I have but myself? Its not level footed at all..I'm here because they broke legal laws and breached their duty of care. All their lawyer is there is to do a job and thats advantage them to get them out of the situation..this is why I refuse to enter into mediation with their lawyers who are not the claimants and do not know the full situation..and why I will only enter mediation with Halfords, if the judge decides for that reason I lose the case thats fair enough but I will argue it. I also think mediation for Halfords is just a simple way for Halfords to see what evidence I have and I won't be disclosing it until I have to as I have loads.

In terms of a figure, I've offered Halfords and their store the opportunity twice to pay lesser costs, but as they refused/ignored my requests my mitigation offer will be the same minus court interest..thats it.

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The other side shall attempt to test your claim.

 

It may help to have to hand answers to their defence.

Also handy would be copies of legislation you will be referring to.

 

The mediator will test your resolve as well.


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I took a bank to court (well 2 actually) it was me as litigant in person vs top of the line legal people.

 

One of them went to mediation. with me. Everything they threw at me, I rebutted. Even though during the mediation there was no settlement, it allowed me to show my resolve and that I knew what I was talking about.

 

There should be no fear regarding disclosure. It will be disclosed anyway.

 

The court process should be open and transparent.

 

As for your figure, sounds reasonable to me.

 

Personally I would enter into mediation to show goodwill. You have a very strong case, it would be a shame to cost this over a "point2


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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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I took a bank to court (well 2 actually) it was me as litigant in person vs top of the line legal people.

 

One of them went to mediation. with me. Everything they threw at me, I rebutted. Even though during the mediation there was no settlement, it allowed me to show my resolve and that I knew what I was talking about.

 

There should be no fear regarding disclosure. It will be disclosed anyway.

 

The court process should be open and transparent.

 

As for your figure, sounds reasonable to me.

 

Personally I would enter into mediation to show goodwill. You have a very strong case, it would be a shame to cost this over a "point2

 

Well my reason I will not lessen a settlement amount is because as I said I have proof of recorded delivery of 3 prior offers. First the offer of just my expenses while the repair happened. They ignored this. Then before I send them the pre-notice to court I sent the store AND head office at halfords via recorded delivery a offer to repay my expenses+repair or repair the car..again it was ignored and refused..so they've had more than enough opportunities to lessen their costs.

Its Halfords's negligence and bad atttude/customer services that have led to the amount totalling this amount.

I see what point you all have about entering into mediation but I wrote a 'reply to defence' to Halfords and the court anyway next to my directions, so really again I don't see what mediation can bring.

I'll give it a think anyway and see..i'm sure mediation are going to contact me soon anyway..does anyone know how long on general it takes them to sort out mediation?

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you wont lose a case re refusing mediation (yr post 136). but, it may sometimes become an issue re costs should the claim be lost eg them saying was unreasonable not to try mediation and so want costs, even if small claims. thats one reason why its usually normal practice to agree to and try it, even if think will be of no avail.

your call though.

afaik, the min stay for mediation is around 28 days if it continues?


IMO

:-):rant:

 

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you wont lose a case re refusing mediation (yr post 136). but, it may sometimes become an issue re costs should the claim be lost eg them saying was unreasonable not to try mediation and so want costs, even if small claims. thats one reason why its usually normal practice to agree to and try it, even if think will be of no avail.

your call though.

afaik, the min stay for mediation is around 28 days if it continues?

 

so mediation takes 28 days?

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depends what happens. if from the first call its a no go, mediation will tell the court so, then will proceed to the next stage fairly directly, not 28 days.

the 28 is just a std if ongoing and stayed


IMO

:-):rant:

 

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Hmm okay. Well am going to go with my gut, thanks for the advice on here about mediation. As I know Halfords are watching this thread I will update you all with what happened AFTER the matters finalised as I don't want to unfairly disadvantage myself by posting it here.

On a final note, just so that I am fully prepared..I've tried searching CAG for some template settlement letters..you know as someone before said perhaps you could offer them a settlement but can't find any? Also in terms of my court bundle is there any advice/layout you guys would advice? Let me know thanks, as I said this is just for my preparation and I will not be doing any of the above or last posts but want to be fully prepared for everything..of all scenarios..

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Seen this type case before in the past, only lesson was that as a DJ stated to a BMW main dealer in front of him, that he was lucky the case was below threshold limit as the case would of cost them a hell of a lot more, this was a case of a oil plug fitted to the sump loose and car picked up from Major (expensive service) and trouble started only 1.5. miles later on returning home of the owners wife, they even tried to a silly argument using a Castrol representative stating that the engine oil used would of what ever?????????????????????????//

 

So Halfords you are only small fry to the truth, and DJ s etc will see thru you, wonder about your shareholders would say for your possible actions and possibly loosing big time.????


:mad2::-x:jaw::sad:

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Seen this type case before in the past, only lesson was that as a DJ stated to a BMW main dealer in front of him, that he was lucky the case was below threshold limit as the case would of cost them a hell of a lot more, this was a case of a oil plug fitted to the sump loose and car picked up from Major (expensive service) and trouble started only 1.5. miles later on returning home of the owners wife, they even tried to a silly argument using a Castrol representative stating that the engine oil used would of what ever?????????????????????????//

 

So Halfords you are only small fry to the truth, and DJ s etc will see thru you, wonder about your shareholders would say for your possible actions and possibly loosing big time.????

 

Wow..thats really interesting! Yeah Halfords intend on using a 'experience vehicle maintaince' expert as a witness (was in their directions) so assume they'll try do the same. No issue to me lol..they haven't specified who

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Have they actually put that in the expert witness bit of the directions questionnaire?

 

Any expert witnesses need to remain totally independent - they shouldn't be using one of their engineers or anything like that.

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Have they actually put that in the expert witness bit of the directions questionnaire?

 

Any expert witnesses need to remain totally independent - they shouldn't be using one of their engineers or anything like that.

 

nope i think the op put that they have just put exactly what i said they're going to call upon a technical expert of vehicle maintence..im told by the OP aa and rac won't get involved in these things..so dot know who they'll use..OP can you eleborate?

 

Either way I'm surprised Halfords won't go into settlement after they see the disclosure of your evidence..

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Hmm okay. Well am going to go with my gut, thanks for the advice on here about mediation. As I know Halfords are watching this thread I will update you all with what happened AFTER the matters finalised as I don't want to unfairly disadvantage myself by posting it here.

On a final note, just so that I am fully prepared..I've tried searching CAG for some template settlement letters..you know as someone before said perhaps you could offer them a settlement but can't find any? Also in terms of my court bundle is there any advice/layout you guys would advice? Let me know thanks, as I said this is just for my preparation and I will not be doing any of the above or last posts but want to be fully prepared for everything..of all scenarios..

 

 

ok :)

 

re templates, not sure, check the cag library. ensure though any letter is without prejudice/admissions.

re bundle etc, i think maybe there is a sticky thread or the like re preparing for court?


IMO

:-):rant:

 

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Done :).

Just to confirm my prior posts

(1) I am not stating or asking people that I am going into a settlement with Halfords, as my case is not weak in anyway. I am however keeping all my options open and as I am open to mediation with Halfords directly want to be prepared for evertyhing thus asking for template letters for personal back up/preparation.

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