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Resolved Question: Problem with Judgment in small claims court?
Can anyone help me? The background to my small claims action is as follows. I offered on a flat and this was accepted. Having paid for a survey and my solicitors costs I discovered that the property didnt legally exist and was advertised with the agency as a consequence of a fraud, a sub prime mortgage, a desk top survey (didnt see the property) and inadequate or negligent legal enquiries. I asked that the mortgage company repay the costs associated with this aborted purchase. They refused to pay. The property was still owned by the local council and had been bought under the right to buy scheme as a house and had been illegally converted into flats and sold off at £500,000 and as such no permission was sought or granted and would never be granted to convert the property into flats. I filed a small claims action and at the last minute the court changed the time of the hearing. I attended at the time given to me on the notice but the hearing was listed for later that day. I couldnt be there and was amazed that the Judge heard the case in my absence and found for the Defendant - striking out the case and asking me to pay (within 2 days) the extortionate costs of a large law firm in London. I have previously tried to buy properties but pulled out when, say, I found the lease was too short, my legal adviser had advised me to or there was something wrong on a survey. In these cases I understand 'caveat emptor' but in this case the property didnt legally exist, has never existed and would never exist and but for the legal negligence and lack of a survey being done I would never have gone to see it. Compounding this is the knowledge that it is companies like this and transactions like this have caused the massive bailouts that we are now paying for. It seems extremely unjust. I have asked the Judge to set aside this action on the grounds of procedural irregularity and hope to have my time in court. Does anyone know what I can do if the court decides not to relist this matter? What recourse would I have, if any? Any advise would be extremely welcome. ThanksMore details about this action: I was given a notice to attend at 10 am and when I arrived they said it was listed for 3pm. The court didnt know what time the Defendant had been told to attend and contacted them by phone (as they do not keep copies of notices) and they also said they had a notice to attend at 10 am. The court usher said that their legal adviser had however called on the friday before (the hearing was on the following Monday) and was 'told' to attend at 3pm. I am not accustomed to dealing with legal matters and the claim was made against the company who the agent told me was appropriate. However in the Defence they said they were agents for the mortgagees in possession and the incorrect Defendant but that if the Claim was against the mortgage company they defended that also. The Defence said they defended both the agent and the mortgage company and that caveat emptor applied in both cases. I couldnt return at 3pm but left note for judge saying this/outlined caseJust wanted to say thank you to the retired solicitor who responded - much appreciated! I didnt know about the option to appeal to a circuit judge - thanks. Is it the case that once it goes to that level the costs increase? Thank you once again - helps me to prepare for possible eventualities!Just wanted to say thank you to the retired solicitor who responded - sorry tried to reply to you personally but didnt know how to - your advice is much appreciated! I didnt know about the option to appeal to a circuit judge - thanks. Is it the case that once it goes to that level the costs increase? Thank you once again - helps me to prepare for possible eventualities! moreResolved Question: viagra funny or not?
The boss of a Madison Avenue advertising agency called a spontaneous staff meeting in the middle of a particularly stressful week. (This is one pretty sharp boss!) When everyone gathered, the boss, who understood the benefits of having fun, told the burnt out staff the purpose of the meeting was to have a quick contest. The theme: Viagra advertising slogans. The only rule was that they had to use past ad slogans, originally written for other products, that captured the essence of Viagra. Slight variations were acceptable. About seven minutes later, they turned in their suggestions and created a Top Ten List. With all the laughter and camaraderie, the rest of the week went very well for everyone The top ten were: 10. Viagra, Whaazzzz up! 9. Viagra, The quicker p*cker upper. 8. Viagra, Like a rock! 7. Viagra, When it absolutely, positively has to be there overnight. 6. Viagra, Be all that you can be.5. Viagra, Reach out and touch someone. 4. Viagra, Strong enough for a man, but made for a woman. 3. Viagra, home of the whopper! 2. Viagra, We bring good things to Life! And the unanimous number one slogan: 1. This is your w**kie. This is your w**kie on drugs. more
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