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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 20069
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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How do you put in an appeal at the County Courts

Resolved Question:

How do you put in an appeal at the County Courts
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Stuart J replied 1 year ago.
-Could you explain your situation a little more?
Customer: replied 1 year ago.

 


There was an order issued on 8 March 2013. This was at the London central court. On 25 March we sent an e-mail back to the judge, and all other parties seeking an appeal.


We have not heard anything since.


 


There was a charging order that the defendants should pay a certain amount by 7 May. This amount was secured against my property. If I do not pay on that date. What happens.


Mark

Expert:  Stuart J replied 1 year ago.




I need to know
who the judgement is against and who is appealing it on what grounds



Customer: replied 1 year ago.

 


New evidence as well as legal representation. We were not legally represented in the first trial. There were three defendants.


 


Other question can we claim to the solicitors compensation scheme. If there is proven to be fraud on behalf of the solicitor that handled the first transaction. And how many years afterwards. Can you make a claim


Mark


 


 


 


 

Expert:  Stuart J replied 1 year ago.




If you are
alleging fraud, then there is no time limit.

So are you the defendant
and you lost and you who has the new evidence. Why was this evidence not shown
before?



Customer: replied 1 year ago.

 


The evidence was not available at the time


 


 


There was a charging order that the defendants should pay a certain amount by 7 May. This amount was secured against my property. If I do not pay on that date. What happens.

Expert:  Stuart J replied 1 year ago.

You appear to be a defendant.

What is the new evidence?

What value is the house? Mortgage? How much is owed?

 

Customer: replied 1 year ago.

 


yes we are the defendants


 


The claimant related to our company that went into liquidation.


We did not know we could go to the liquidator to get further information before the court date


we have now gone to the liquidator and collated a lot of the information that we did not have at the trial date


we also will now be represented by a barrister


 


My house has a mortgage on it with all of the charges. There is no equity


 


my brother has equity in his house valued at about £130,000 which is his share of the property


 


 



We are the defendants Yes

Expert:  Stuart J replied 1 year ago.




I am getting more
confused with this.

Can you please
explain my brother has equity in his house valued at
about £130,000 which is his share of the property



It simply doesn't make sense.





I appreciate that you have more info but what is it? Is it irrefutable
evidence that you have no personal liability? What is it? When did you get the
judgement
Customer: replied 1 year ago.


My brother is one of the defendants

Expert:  Stuart J replied 1 year ago.

Can you please
explain my brother has equity in his house valued at
about £130,000 which is his share of the property

It simply doesn't make sense. You said that there was no equity.

Do you mean he owes £130k and they have a charge for £130k?

 

I need to know all values and who has the charges against hem for how much and all property values please.

 

I appreciate that you have more info for court but what is it? Is it irrefutable
evidence that you have no personal liability? What is it? When did you get the
judgement

Customer: replied 1 year ago.

 


I am a defendant. My property is valued at £340,000 if I was to sell and pay off the mortgage and the secured lending excluding this new charging order to secured lending would come up to £365,000 plus a further 25,000 for this order.


My brother is a defendant and his property, is valued at £520,000 if he sold his property and paid off all of these debts. He would have £130,000 of equity


we just need to know if we do not pay the £25,000, which was issued on the order on 7 May. What would happen.?


Thanks Mark

Expert:  Stuart J replied 1 year ago.




Assuming that
there is a charge against both your houses, the creditor can make a further
application to court for an order for sale to compel the properties to be sold.

Is that the
information that you were looking for?



Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 20069
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and 2 other UK Property Law Specialists are ready to help you

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