Charging Order Appeal Dec 2009

Dear Sir,

Please pass this letter to both Judge L and Judge E for urgent attention and consideration.

Sirs,

1. Further to my letter of 22nd December 2009 attached as annex below.

This case came to court and was decided on in my absense by Judge E. I find it incredible that the case went ahead without giving me the defendant the opportunity to represent my case and the true facts.

Further I am incredulous that not only was I denied this basic right but that a ruling was made that implicates other innocent parties who have nothing to do with the alleged debt.

As a result of the ruling, I and the other parties have received a B136(CO) Notice of restriction from the land Registry. This stops the sale of their properties without a court order to free them of a debt that is not theirs. I must therefore appeal this ruling both for myself and for the other innocent parties who have been dragged into this sordid affair.

Firstly the order is made against three titles of which only one is of relevance and necessary to address the charging order.

I live in the (address 1) . In 1990 the church was developed into three separate freeholds. (address 1) , (address 2) and the (Address 3). The owners of the individual properties jointly own the graveyard in trust ( title ) and it is the subject of many restrictions. Being subject to numerous restrictions on its use it cannot be split up or enclosed and cannot be disposed of in any way other than the shre passed on to any purchaser of one of the three properties. Likewise the Church as a whole (title ) is shared freehold as per a flat is a block of 3 flats. Thus although I have a holding in these titles they are irrelevant to any claim or charge as they cannot be disposed of by me without the disposal of (Address 1.) however by making an order against (title) and (title) you are making two totally independent individuals liable for my dispute. I would ask that as a matter of urgency you therefore adjust the order made on 6th January 2010 to property (address 1) for which I am solely liable. This will immediately right the wrong done to mssrs F and R. Please also note Mr F lives in (country) and is as yet unaware of this whole episode and therefore is not in a position to appeal. I am sure Mr R has been in touch to challenge this and can corroborate my position.

Regarding the judgement itself; despite numerous calls and eventually travelling to the court itself, no one was able to furnish me with any information on your ruling until I finally received the paperwork on the 4th of February. I do not know the timescales on appeal but ask you to take this into consideration.

I note that Judge E has not given any opportunity in the order to appeal despite the weather conditions and impossibility for any legal representative to attend on my behalf on the 6th of January. I must therefore argue that the judgement was made based on incorrect and inaccurate information and cannot be considered fair or just. I would also argue that due process has been followed and must formally request the matter be referred for appeal.

No account has been made of my letter and request to postpone nor has any consideration of the impossibly short notice given to attend. Further I have fully complied with the law and given that an order on maintenance, as I understand it, is only enforceable for 12 months and that I then went down the CSA route only to have the assessment rejected should not mean I am responsible for the plaintiffs costs. I would therefore ask the court to reconsider the cost order which is unjust given the circumstances and failings in due process.

Please also consider that I am not able to contact Mrs M and therefore unable due to your ruling to deal with matters amicably or find a means other than through court but have tried as per my letter on file and referred to below. Catch 22!

My request to vary the order and dismiss arrears was not addressed. I am formally requesting again that this letter act as a request to hear these matters. I have again requested the CSA to open the case and provide a fair assessment of maintenance. They inform me that they cannot provide an assessment for 2 months and 2 days ! If you need to corroborate any matters and my continued requests to the CSA then the ref ( ) should give you access. Their number is 0845 609 0072

Finally I am completely unclear on the order which makes no sense to me and is not plain English. Am I ordered to pay 335.00 Interest in a month on 6000-00? What is the reference to interest? At what rate? ( this looks like 5%pm or 60% per annum !! WHAT!!! plus 335.00 costs? . or just 335.00 costs or 6000+ ++ refered to in the previous order. What are you asking me to pay and how do I pay it if I fail my appeal.

How do I prove I have paid and get the charge on my property removed. An order written in this way is totally confusing and if not supplied with appropriate information or explanation is less than helpful. If my main language was Urdu. I think I would have more understanding and /or explanation from the court.

I am happy to discuss this matter in person or by phone to provide any additional clarity in order to speed up a sensible and fair conclusion.

Yours sincerely

Annex A

letter to court 22nd December 2009

1 I have received nothing from the court with reference to the above matter and only received notification of the court hearing on 6th January 2010 via a recorded delivery letter collected on 17th December 2009 from the claimant.

2. I am not available on the 6th January and wish very much to be present to address the claim. I therefore request the matter be adjourned until the first available date after 1 February 2010 to allow ;

a) Time to prepare my defence and obtain the evidence from the CSA who are unable /unwilling to provide the evidence without first contacting the claimant for permission.

b) Include an order to vary the existing maintenance order and to dismiss the arrears.

3. I would ask that the case be heard by Judge L who after 4 years of having to deal with this case is fully aware of all the background which is most relevant to the case.

4. I would also like to make clear how upset and shocked I am that the court ordered sensitive, private and confidential papers to be sent to my neighbours who have no interest in my property whatsoever and certainly should not be made aware of matters in the family court. They and I have been embarrassed by the contents of the various bundles they have received which are completely irrelevant to this case and a deliberate attempt to harass by the claimant.

5. The property referred to in the order is an old church split into three houses. The owners of the houses are trustees of the church grounds which are in trust and not able to be sold separately. There can therefore be no claim against my neighbours and to involve them in this case is I believe a mistake.

6. Further I am surprised and upset that the court has allowed this case to go ahead as I have already had contact with the CSA in July 2009 and agreed to abide by their ruling. The case with the CSA was dropped by the claimant without an explanation. Before this I had complied fully with the CSA. Further they had obtained corroborating evidence from my Accountant of my change in circumstances and business position. This was carried out by the CSA without my knowledge until after the event. The details of my accountant will have been provided by the claimant.

7. I believe the claimant , dissatisfied by the CSA’s conclusions and still seeking to try and cause me the maximum pain and embarrassment has sought this route and is continuing to use the law to her advantage as a means to harass.

8. I refer you to the letter I wrote to the claimant and included in the pack sent to my neighbours. I also copy in the letter closing the case from the CSA which was not in the pack.

9. Finally, should the court decide not to adjourn the 6th January 2010 I would ask that the court consider in my absence all of the facts which were clearly not available to Judge H especially those around the fact find and final hearing (Case) where Judge L had to continually remind the claimant she was under oath.

Unlike Mrs M who appears to be able to afford the best solicitors and barristers I will be representing myself.

Yours sincerely

22 December 2009