SCANDELOUS BEHAVIOUR! MANCHESTER COUNTY COURT!

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Jim_465
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For anyone who wants to take the time to read this, here is the dialogue of how pathetic our Manchester County Court System is. Basic story - 3 students and 3 guarantors on a joint and several tenancy agreement. At the end of the tenancy I am owed approximately £4,000.00 in rent arrears alone from two of the tenants. I have been awarded judgment against these two tenants and their guarantors alone. BUT! District Judge Haigh has completely ridiculed joint and several liability by not allowing it to be enforced against one tenant and their guarantor. He basically said that joint and several liability is nothing more than a technicval term and that it is at the judges discretion whether or not to impose it on all parties to a tenancy agreement. I have now had to write yet another a letter of complaint in about the judges conduct in this case and threaten him that unless he awards me joint and sevral liability against all of the tenants that I shall be writing to the Lord Chancellor. The court staff have been apauling the whole system is appauling! I have done nothing wrong and I cannot get my money.

For those of you that can be bothered reading, here is all of the correspondence both from myself and the court.


SECOND COMPLAINT:

Claim Number: 9MA21106
Re: Official Complaint, 143 Victoria Road, Fallowfield, Manchester M14 6DA

To whom it may concern,

I write this letter further to a court hearing relating to the above claim number that took place on the 30th January 2012 before District Judge Haigh at the Manchester County Court.

Prior to this hearing I had obtained judgment against four of the six defendants (see order dated 17/05/2010). These four defendants were Mr Kyle Grace Taylor, Mr William Turner, Mr Gerrard Flynn and Miss Bryony Flynn. Judgment was not granted against Mrs Julianna Caygill and Miss Anna Caygill and the case against them was stayed for a period of one year.

On the 30th January 2011 I explained to District Judge Haigh that the four defendants had not made payment and that this time I wanted to enforce the terms and conditions of the joint and several tenancy agreement against the two remaining defendants; namely, Mrs Julianna Caygill and Miss Anna Caygill.

District Judge Haigh was not persuaded by this request and continuously referred to the use of the term joint and several liability as being merely a “technical term” implying that I had no legal rights to demand that it be enforced in order to obtain judgment against the remaining defendants. Nevertheless District Judge Haigh stated that he was going to schedule the case for a trial and in the mean time we were to proceed with enforcing judgment against the other four defendants.

I later received an order dated 31/01/2012 by post which states that the trial is listed for the 03 April 2012 at 2.00pm (see order attached).
Firstly, this is not a sufficient amount of time to enforce any proceedings against any of the defendants due to the barriers that I have faced in investigating the matter.

Secondly, after reviewing the various methods of enforcing a judgment debt and conducting various land registry searches, I initially decided that the best solution would be to issue an “attachment of earnings order” against Mr Kyle Grace Taylor, Mr William Turner and Miss Bryonny Flynn and to issue a charging order in respect of Mr Gerrard Flynn’s property.

However, after phoning the courts on 28th February 2012 and speaking to Chris Jazwinski on the orders department, I was told that each of these methods would not be possible for the following reasons:

1. The Manchester County Court is not able to enforce judgment against defendants from Northern Ireland. Mr Gerard Flynn and Miss Bryony Flynn are both from Belfast. As such, I was informed that in order for me to obtain judgment against them that I would have pay a £45.00 fee to obtain a “Certificate of Money Provisions” form from you and begin a whole new claim against these defendants in Northern Ireland.

This basically means that the judgment awarded by District Judge Haigh in respect of the Irish defendants is fundamentally useless to me. I believe that the court staff should have made me aware at the time of initially bringing the case to court that I should have taken Irish defendants to court in Northern Ireland instead of wasting money time and administration and receiving nothing in return.

2. Having carried out various land registry searches it is clear that Mr William Taylor and Mr Kyle Grace Taylor do not own their property nor did they provide information about their employment. Therefore an attachment of earnings order and a charging order would be of little use against them (see land registry searches attached). In addition to this, orders sent by the court have now been sent back to the court stating that both of these defendants have now “gone away” and no longer reside at the address I have for them (see Notices attached). This obviously prevents me from opting for a warrant of execution to send bailiffs round to their property to seize their goods.

On the same day I spoke with Ian on the orders department who has stated that the only course of action would be for me to start up a claim against the two Irish defendants in the court in Northern Ireland and to instruct private investigators to locate the whereabouts of Mr Kyle Grace- Taylor and Mr William Turner.

As such, due to no fault of my own, I am unable to enforce any of the judgement debts awarded by District Judge Haigh and I am not prepared to adopt either of the two courses of action mentioned above as this would result in more time, effort and cost to myself.

By contrast, Mrs Julianna Caygill and Miss Anna Caygill are English residents, we are aware of their whereabouts and I have conducted a land registry search on Mrs Julianna Caygill and it appears that she owns her own property. Therefore, I want to enforce the joint and several provisions of the tenancy agreement against Mrs Julianna Caygill and Miss Anna Caygill.

Following discussions with the National Landlord’s Association Solicitor Mr Tesh, I have been advised that I never should have had to wait for District Judge Haigh to enforce judgment against the remaining defendants and that it is the courts duty to award me an order for judgment against them in respect of the joint and several provisions of the tenancy agreement which they signed. Mr Tesh also advised that it is not the courts prerogative to pick and choose who it wishes to enforce the terms and conditions of such tenancy agreements against. This should have been a mandatory action.

I have further been informed that District Judge Haigh is acting ultra vires outside his powers by his refusal to grant joint and several liability against the two remaining defendants and award me judgment against them respectively. If this is not the case then I would like a citation of the legislation that states that District Judge Haigh is allowed to pick and choose whom to enforce or not to enforce joint and several liability against.

Since all of these proceedings have begun we have in no way agreed with the District Judge that we would forfeit joint and several liability and I feel very angry that this has been the outcome. As such, if I am not awarded judgment against the remaining defendants during the next hearing scheduled for the 03 April 2012 at 2.00pm then I intend on forwarding a letter of complaint to the Court Manager and the Lord Chancellor about the District Judges conduct in this claim.

Additionally, I have been advised that we are entitled to a full refund of £45.00 that we paid on 15/06/2011 to reinstate the claim against the two defendants (See application form attached). As this claim had to be reinstated due to a member of your staff incorrectly typing an order dated 17/05/2010 and again on an amendment order dated 12/05/2011 giving incorrect directions (See orders attached). As a direct result of this mistake made by you, I have spent approximately 1

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29/02/2012 00:00

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