Restrictions ex wife and planning gain

[PlanB]

Re: Restrictions ex wife and planning gain

I like your style plan b and understand where you are coming from

That's because I'm an embittered ex-wife so I know exactly what's going through your ex-wife's head at the moment. My divorce lasted longer than my marriage so I've got plenty of experience in this area.

It's never about money, it's always about emotions. Maybe your ex-wife doesn't want closure because she'll miss having you around if that happens. As long as you are tied together by that property deal you'll never be rid of her. She knows you need her to sign documents and agreements so she enjoys having power over you.

Pay her off if you can, and the sooner the better. Don't be too hung-up on whether the amount you have to pay or promise to pay is fair or not. If it buys you your freedom it'll be worth every penny.

[ohitsonlyme]

Re: Restrictions ex wife and planning gain

Im not hung up about an amount

I cannot pay her off unless we both agree how to arrange it

Weve not even got the planning application in yet!!

The way she wishes to complicate things, will make it all fall down, we need to do this together with each others interest at heart

There really is not much I can or want to update with on this aspect of the problem

Can I stop a charging order being moved on to an order for sale?? Is my first priority

2nd priority is sorting out how much we might get in the event of gaining planning permission

[ohitsonlyme]

Re: Restrictions ex wife and planning gain

Well the gloves are off
I received a letter of claim asking for an order for sale from ex wifes solictors.

I intend to fight this but dont know the procedures involved Yet!!
hearing date is 25 January

The house and land are on 2 separate title deeds

The restriction is only on the deeds to the house not the land

what do I have to do in terms of defending the claim and witness statements.

The valuation that they have used is incorrect, they have valued the house and land but only have a restriction on the house.

They havent mentioned a second restriction in favour of HMRC

They havnt mentioned my beneficial claim on the property and I am listed as the defendant which I will of course defend


They havent mentioned the tenants in situ including children

They have not been able to gain details of the balance outstanding to the building society which without planning and the field is close to the value of the mortgage outstanding

I think I can get it rejected and possibly costs from them(that would be fun)

Can the court still order the sale for the other creditors at this hearing if this application fails on technicalities??

onlyme again

[ohitsonlyme]

Re: Restrictions ex wife and planning gain

WON!!!!!!! Got a call yesterday from ex wifes solicitor saying that following my defence they are prepared to withdraw their application for an order for sale,
They realise they wont win at court and also that would claim costs

at the end of the longish conversation I asked rather politley "and as to the issue of costs??"
A flabergasted solictor didnt know what to say

I want them to withdraw totally and believe they have behaved despicably.
Should I press for Costs
My estimation shows £490 minimum
see below

costs statement
Rate Claimed Litigant in Person rate of £30.00 / hour the rate at which I charge my time as a self-employed director of a building company@ £250 per day


1) Time spent identifying and understanding relevant legislation.
Time spent identifying and understanding relevant case law.
Time spent preparing skeleton argument and witness statement

15 hours @£30.00= £450.00

2) Time spent communicating with the claimant

1 hours @£30.00 =£30.00

3/ Disbursments, postage typing etc. £10.00

Total £490.00

Notes

Before undertaking this myself I approached a solicitor to handle this. I was given an estimate of 3 to 6 hours at £175/hour to prepare the witness statement (£525-£1050)+vat plus extra for attending the court.

I respectfully request that the court give consideration to awarding these costs on the indemnity basis or, in the alternative, on the standard basis as I believe, in any case, that they have been proportionately and reasonably incurred and/or are of a proportionate and reasonable amount.

In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:-

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

Onlyme again

[Undercover Elsa]

Re: Restrictions ex wife and planning gain

Congratulations on your victory ohitsonlyme!!

In respect of costs, the amount a LiP can claim is set by Statute. Currently it's £18 per hour, which increases to £19 per hour from 6th April 2015: http://www.justice.gov.uk/courts/procedure-rules/civil

[ohitsonlyme]

Re: Restrictions ex wife and planning gain

Well I won costs at £19/hour and had the number of hours reduced but no order for sale

BUT!!!!!!! ARGHHHH

they are now applying for a full charging order on the field on which I am applying for planning permission !

The planning application is now 3 weeks old the planning agents are very optimisic (they have spent upwards of £50k to get it to this stage and I only pay them if they gain planning approval)

The CCJ is my ex wifes and at last she is coming around to the fact that we need to talk or she will lose everything

I am going to defend the application as a joint owner of the property Will the court let me do this??


the solicitors have yet again lied or at least mislead the court in the application by not telling the court of all other known creditors of ex so I think I have a good defence

onlymeagain

[PlanB]

Re: Restrictions ex wife and planning gain

they are now applying for a full charging order on the field on which I am applying for planning permission !

. . . . The CCJ is my ex wifes and at last she is coming around to the fact that we need to talk or she will lose everything

I am going to defend the application as a joint owner of the property Will the court let me do this?

This ongoing issue continues on a new thread in the Legal section here > http://forums.all-about-debt.co.uk/s...l=1#post483872

I wouldn't want anyone to think we'd suddenly stopped helping

Plan B x