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Appeal Headache- I won they appealed***Paid in full***

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A Builder I paid to do work, did only 70% of the work and more or less abandoned the job for a much bigger project. I had to engage somebody else to finish it.

I wrote and threatened legal action, he laughed in my face.

 

I sued in the County Court for £6,500 and won by default because he did not even bother to send in a defence, instead he sent me a check for £1000 two days before the deadline for his reply to the case, asking me to withdraw the case that he will endeavour to pay the balance because he is strapped for cash right now.

 

He then applied for the judgment to be set aside with an N244 application, He lost his N244 application, it was dismissed.

 

He has now appealed that court judgment. In his application he also asked for the court to stay execution of the £6500 judgment I won, pending permission to appeal and subsequent appeal.

His reason is that he does not have money and will suffer hardship.

 

I received his notice of appeal by email. (which is ok by me, I have not been served by the court, though or any date given for the case to be heard on this appeal) When I saw he applied for stay of execution of judgment, I drafted a witness statement opposing the stay of execution, I listed his assets, which includes, 2 rental homes, an investment farm, he rents out to a tenant farmer. A small part-ownership of a taxi business (I knew about the assets because he is boastful and boasted about his wealth) I searched land registry and the houses and farm are all his.

I sent off the witness statement opposing his application for a stay, by e-filing to the court.

 

Now, the court has written me, asking me to file a respondent notice (N162). (I am a litigant in person) He has a firm of solicitors representing him.

 

I agree with the decision of the judge. I am not appealing the judgment I won. I just sent in the witness statement to show he is lying about his assets and should not get the judgment stayed pending permission to appeal or subsequent appeal.

 

I have tried to fill out the form, but I'm stomped because I don't know if its because of the witness statement I sent in or if its how I am to present my side in the appeal.

His lawyers did not file any skeleton argument with their N161, their reason was that they were awaiting further instructions from client. Its over 3weeks now, I still have not seen any other paper work from them.

 

Sorry for the long first post.

 

My question is - Why do I need to file an N162(respondent Notice), I agree with the decision of the judge, I am not appealing the decision in any way.

I just want to oppose his application for stay of execution pending permission to appeal or appeal itself.

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Well done on all the action you have taken so far. Especially the way that you have identified the defendant's assets. This is very good practice and not enough people take this kind of care.

 

I'm not familiar with the form N162 but I've just looked at it and it seems to me that it allows you not only to appeal against some aspect of a judgement but also it allows you to request the court to uphold an existing order – which is presumably what you want to do.

 

Have you not understood that part? On the form that I have downloaded, it is that section 6.

 

As far as I can see you simply need to tick the box saying that you want the court to uphold a certain order. Then you say that you want the court to uphold the order of XX X Ct dated XXX that – brief summary of the order.

 

After that there is another large box where you can put arguments and I would list them out in a bullet pointed fashion:

  1. The defendant has not litigated reasonably and has been dilatory in the way that he has responded to the initial claim which resulted in his attempt to have a default judgement set aside which was properly rejected by the County Court
  2. the defendant has admitted liability for the entire sum claimed and has even tried to make a part payment
  3. the defendant is a successful businessman with substantial resources including – XXX list the assets XXX and is even able to afford professional legal representation on a small claim whilst I am a litigant-in-person
  4. the defendants attempts to continually resist the judgement of the County Court are irrational and are merely serving to incur delay and costs for all concerned including the court
  5. if t]he court is eventually minded to grant the appellants order then it is respectfully suggested that this should be conditional on full payment into court of the judgement sum and all costs incurred to date pending the final outcome of the case

check this carefully and correct anything that is wrong or which you do not agree with

 

Does this answer your question?


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Thank you.

Copying and pasting this right now.

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As soon as your judgement is confirmed and it is the end of the matter, I suggest that you set about enforcing the judgement immediately and without any notice to him. He sounds like a tricky customer and so the best thing to do will be to have it transferred up to High Court enforcement Officers immediately. You can do this by finding HCEO online. Most of them offer a simple process for about 60 quid. Do double check that if there is any problem with the enforcement that you will not be saddled with the fees. Fees can be quite substantial – easily £2000 but these would be paid by the defendant as well as having to pay the judgement sum. You get your 60 quid back as well

 

Please keep us informed as to how it goes.


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Thanks.

I will most certainly keep you informed.

I will go ahead now and research enforcement.

He is one slippery eel.

I delay at my peril.

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UPDATE

 

I received a letter today informing me that the person who owes me wants to pay me if I withdraw my claim.

 

I replied informing them that once I get my money, I will write the court, telling them that I have been paid in full.

 

I got this reply from them...Please how do I proceed. I do not trust them and don't want to make a mistake at this late hour

 

"We will draft a consent order outlining the same. This is essentially an agreement filed at court (which we will send to you for review) which will state that xxxxxxxxx will pay the debt in full without an admission of liability. Once this has been filed then you can make an application to the court withdrawing your claim."

 

Please note they are the ones who filed an appeal, I thought all they had to do was withdraw their appeal and the whole thing will be over.

 

Thanks

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They want you to set a side your judgment by consent....obviously their appeal failed...which is normal if a set a side also failed.

 

The CCJ on their file is the problem...they are trying to get around it.....and its 6 years.

 

 

Andy


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Have you not had any notice that the appeal has failed? I should telephone the court and find out and get a copy of the order.

 

Once it is confirmed in writing then if I were you I would simply go ahead and enforce the judgement as described above. These people are trying to play a game.

 

You should certainly not consent to anything or give any agreement in writing that you will withdraw anything. Put it in for enforcement


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Hello Andyorch and BankFodder,

 

Thank you so much for your help in this matter.

 

I have not heard from the Court, first working day next week, I will call and inquire about the latest Court Order on the file.

 

When I read that 'not admitting liability' sentence in the correspondence, alarm bells went off.

I came straight here, since I don't want to step on their sneakily laid mines.

One would have thought that at this stage, they would have stopped trying to be clever by half.

 

 

I appreciate the help you have so generously given.:-)

 

Cheers.

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FURTHER UPDATE

 

The Settlement Negotiation has failed because they insisted that I sign a consent order before getting my money.

They wanted me to agree to their firm sending me the money after the agreement is signed by me (and they receive the signed copy).

They also stated that "Once we see the signed agreement, we will confirm when we file it and then you can apply to withdraw your claim.’

 

In the Unless order of April,

The Judges order stated

" Unless the Appellant applies within 7 days of receipt of the Order dated 27th April 2018, for a retrospective extension of time, for serving Notice of Appeal, and the same time serving a particularised revised Amended Grounds of Appeal, the Appeal is to stand dismissed without further order."

 

They did not comply.

 

I have sent in an application for a charging order.

 

In a day or so the interim charging order should be in place.

 

The Court has not contacted me, they are backlogged according to an official I spoke to over the phone.

 

Do I need to apply for the sanction to take effect for non compliance with the unless order, or does the court do it of their own accord.

 

Please what do I do next.

 

Thanks

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You yourself would normally instigate the application for sanctions but with reference to the " Unless Order " the court has already stated " Appeal is to stand dismissed without further order."

 

Therefore I dont see the relevance in making such an application ?

 

 

Andy

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Thanks for your reply.

 

I have commenced with enforcement of judgment, that should put paid to their shenanigans.

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UPDATE

I am happy to report that, as at Noon today, the judgment debtor paid the judgment debt in full, including the interest accrued since the judgment.

 

I want to use this opportunity to say THANK YOU to Bankfodder, Andyorch, and all the behind the scenes Tech People.

I know without a doubt that it was your help and guidance that enabled me to achieved this result.

I shall remain eternally grateful for your kind and generous help.

 

 

Cheers and God Bless.

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Excellent ...well done

 

Thread title updated to reflect the outcome.

 

Please consider making a donation to help us continue to help others.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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