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Just Cash Flow PLC business bank personal guarantee Court Claim.


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They asked for summary judgement without hearing - which they didn’t get - a hearing was ordered , does that mean the court isn’t convinced on the face of it , enough to grant the judgment ?

 

i can write a witness statement - do I write a witness statement directly in response to the points they raise - 

rather than when I defend the case as a whole which would me much longer and comprehensive witness Statement on all points 

 

or do a long one here (application hearing)  , with covering skeleton argument sheet ?

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Not particularly...all applications for SJ/SO require a hearing..its something that cant really be judged without a hearing....put that down to lack of experience or ignorance to try to save £155.00 ...whichever.

 

Yes you do draft a statement in response...as I have already advised..which must be submitted not less than 7 days pre hearing.

You can use the basis of your proposed defence above...if there are any important points they have decided to conveniently leave out....but its far better to be directed by the points of their statement and what they will be relying on...it must be formatted same as theirs and finished with a statement of truth.

 

Witness statements do not require a Skeleton Argument.

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Thankyou - 

 

i shall do as advised , any tips or tricks to make sure summary judgement avoided 

 

for instance , I read judges don’t like to award judgments when edit complex matters are involved etc , so that would a clear point to provide evidence on - with the falsified debenture affecting execution etc 

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Allegedly ......Well thats something for you to address within your statement backed up by evidence by way of exhibits...I have had to edit your previous post referring to this amongst other remarks please refrain from making these statements within your posts and putting the forum at potential risk of liable remarks.

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so i have manged to get the unilateral notice removed against my property, as i did a UN4 and said they cannot provide evidence of a personal guarantee, they obviously couldnt and didnt , so the notice was removed by the land registry

 

They are just now 17/11/2020 gone a re registered the exact same unilateral notice again!!

so i have finished doing yet another UN4, to remove yet again.

 

How do i stop them repeatedly doing this without merit? i spoke to the land registry who said nothing they could do, as they are just a registration service and register anything that gets sent.

 

This is unfair and an abuse of the land registry charges system.

 

 

 

 

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How much is the court fee for submitting the  UN4 ?  Perhaps consider issuing them a court claim to reclaim your fees and inconvienience.

 

https://www.irwinmitchell.com/news-and-insights/newsletters/im-on-the-money/im-on-the-money-issue-two/unilateral-notices-exploding-the-myths

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Un4 are free to do - anyone can register an interest in the property , and its just as easy to remove if its not valid

 

but i have to remortgage within next six months and they cause issues, so i suppose my 'damaged' would be going on a variable rate mortgage instead of a deal as i wont be able to remortgage with this 'charge' if they keep repeatedly applying it.

 

I just want them to stop, they have failed to validate but land registry have nothing in place to stop these behaviours which just seems wrong. like a cease and desist etc , but these people are still trying to bully me into paying by any means possible. even though they dont have the guarantees/paperwork to win in court, im happy to get to court 

 

as s4 of Statute of Frauds 1677 personal guarantees must be in writing and signed - which they dont have

 

 

 

 

 

 

 

 

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Cancellation of a unilateral notice is when the owner of the estate of which the unilateral charge is registered against applies to the Land Registry for the notice to be cancelled. This is a completely free process and can be done through the use of the form UN4 to apply for cancellation. When the Land Registry receives the UN4 form, it notifies the individual who is making the claim. This beneficiary is then given fifteen working days to respond to the application, if they would like to object to it. If there is no response within the cancellation period, the notice is cancelled. If there is an objection for removal of the notice, and the parties are unable to reach a mutual agreement, the Adjudicator of the Land Registry is referred for these cases.

 

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However, unilateral notices have a very minimal effect; this is because the unilateral charge on the charges register protects only the most important interest in any property which is ranked by the most important being first registered as a notice.

 

https://www.propertyblawg.com/conveyancing/unilateral-notice-in-property-law-what-is-it-and-when-does-it-apply/

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