Rekha Patel loses her house

[dannyno]

Lol Terry Duckworth sans trousers!
Seems he no longer works for the Tameside Reporter or the Salford newspaper. Latest thing I can find is his blog:
https://nigelpivaro.com/

In May he conducted a week long tour of fishing communities to find out about the impact of the Common Fisheries Policy.

[Pox]

There is something that does bother me in the background to this case.

The original claim was for a mere few thousand pounds, which would come within the limits of a "small claim".

From an earlier post:

Representing herself, Miss Patel was found against by a judge.

He ruled stones belonging to the neighbour, a 'key architectural feature' had been removed, ordered she pay costs and damages, and denied an appeal.

I was under the impression that it is unusual for costs for small claims to be awarded against the defendant especially where the defendant represents themselves. This is to dissuade large/rich litigants bullying people with the threat of huge legal costs. This protection seems to have been completely denied for Wrecker.

I found this if it helps (bold emphasis mine):

(2) The court may not order a party to pay a sum to another party in respect of that other party’s costs, fees and expenses, including those relating to an appeal, except –

(a) the fixed costs attributable to issuing the claim which –

(i) are payable under Part 45; or

(ii) would be payable under Part 45 if that Part applied to the claim;

(b) in proceedings which included a claim for an injunction or an order for specific performance a sum not exceeding the amount specified in Practice Direction 27 for legal advice and assistance relating to that claim;

(c) any court fees paid by that other party;

(d) expenses which a party or witness has reasonably incurred in travelling to and from a hearing or in staying away from home for the purposes of attending a hearing;

(e) a sum not exceeding the amount specified in Practice Direction 27 for any loss of earnings or loss of leave by a party or witness due to attending a hearing or to staying away from home for the purposes of attending a hearing;

(f) a sum not exceeding the amount specified in Practice Direction 27 for an expert’s fees;

(g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably; and

(h) the Stage 1 and, where relevant, the Stage 2 fixed costs in rule 45.18 where –

(i) the claim was within the scope of the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (‘the RTA Protocol’) or the Pre-action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (‘the EL/PL Protocol’);

(ii) the claimant reasonably believed that the claim was valued at more than the small claims track limit in accordance with paragraph 4.1(4) of the relevant Protocol; and

(iii) the defendant admitted liability under the process set out in the relevant Protocol; but

(iv) the defendant did not pay those Stage 1 and, where relevant, Stage 2 fixed costs; and

(i) in an appeal, the cost of any approved transcript reasonably incurred.

[Mike_p]

Apologies for my earlier post: I've just read page two of this thread and found a full explanation: the £70K bill accumulated over several years of court action.

[Pox]

Items e and f on the above list are also relevant - witness out of pocket/loss of earnings costs and the cost of any expert witness reports etc.
I think the expert witness maximum is £750, if higher the claimant needs to get the permission of the court before submitting.

[Hercule Parrot]

I also really need to go through the old documentation, as something else doesn't make sense. This should have been a case for prosecution by the local authority for unauthorised works on a listed building, in which case small claims would not be the appropriate avenue.

Would it change your view if I mentioned that the sawn-off thackstones were part of the neighbour's home?

Relying upon some brief information from Historic England* it appears that unauthorised works on somebody else's listed building, and without their consent, would be prosecuted as simple criminal damage. And that would be very hard to prove, to the criminal standard, in this situation. Knowledge, intent and culpability murkily distributed. As DerbsFuzz like to say, it's a civil matter....

(* https://historicengland.org.uk/advice/h ... /offences/)

[AnOwlCalledSage]

Would it change your view if I mentioned that the sawn-off thackstones were part of the neighbour's home?

Yes it would and also explains a lot about how this spiralled out of control.

We were always in the position of prosecuting the property owner. Once the council got involved compliance was swift as it was accepted that legal action would continue until the matter was rectified. Kudos to the neighbour for seeing this through.

If only Wrekha had thought of option 2 to avoid planning consent... the mysterious fire.

[hucknallred]

Just a thought, is it possible to get a transcript of the judgement that led to the £70k bill. The reference has been bandied about by Ken & Wrekha - C00MA441 in Manchester.

[SteveUK]

If you've got deep pockets, yes. I imagine very deep, as it was a string of cases that racked it all up.

EDIT - theres only one way to find out! Anyone interested in chipping in when the quote comes through, shout. Payment in cold hard GBP, no A4V, REs , PNs , Kindness Credits , SwissIndo vouchers etc.

[hucknallred]

If you've got deep pockets, yes. I imagine very deep, as it was a string of cases that racked it all up.

The full transcript of proceedings would be a a substantial wedge I'm sure. I was suggesting the judgement only, which is basically the Judge's summing up of the matter in bullet points.

[SteveUK]

A long but fascinating video from Pete Carter where he goes to great detail about the saga that got here.Clearly its from his side only, but he's very eloquent and no mention of FMOTL antics. Pinch of salt needed of course. I'll take one for the team and transcribe the key points. I have to say, its a very well done interview and Pete generally acquits himself well. Ken should take a note from his book.

His version of events seems to be:

Rekha accepted the initial £8k as the planning and building guys told her the damage was done.
Later she decides the stones didn't exist and went off to the RCJ for permission to appeal.
RCJ didn't allow it as was trying to put forward new evidence so wouldn't be fair.
She coughed up costs to date to settle the matter, £17k post RCJ.
FB didn't remove the charging order after being paid, so she went off to court again.
Judge said its FBs lawyers who need to remove the charge and sent them off to do so.
Lawyers then revised their costs upwards to the £29k due within 21 days, and refused to remove the order.
Rekha ignored it, thinking it had all been settled post the £17k payment.
She didn't see the £29k on the judgement debtor register so continued to ignore it.
They then don't explore how the costs then rose to what they are now, just go onto bash the bailiffs.
Peters company has "owned" it since Dec 2016 when he bought it from Fringe etc, for £100 plus will honour her tenancy.
Apparently the transfers and tenancy were done by actual lawyers.
FB then claims against Rekha and the company.
Then its all conspiracy about how the police are somehow in FBs pockets.
The investigation into Pete was dropped and the police were happy he had registered total.
Pete makes a criminal complaint about the matter but they drop it.
Then more woo about the police getting involved in civil and they are ignoring his 'notices'.
He's now raised with the professional standards for aggrevated trespass against the cottage.
Pete has just graduated with some sort of legal qualification.Doesn't say what.
More woo, courts are all private corps.
Unhappy tenancy removed from LR without going through various courts.
Court docs frauduent as not sent in franked envelope and lacks black ink signature, and it came from FB lawyer not the court.Its fake.
Back to high court to question validity in Nov, QC said its an order. Might explain some of the more costs.
Woo woo. Legal and Lawful repeated over and over.
The order for sale by judge scates is void, and unhappy shes a part time judge (a deputy DJ) and experienced in clinical negligence.
Pete does have a transcript of that hearing.
DJ was confused and just followed the claimants barrister leads, who puts the costs and order for sale in.
CC didn't have jurisdiction to hear it anyway, cant give a 3000 year lease to FB who has no interest in the cottage.
SRA lawyers said Petes purchase was legit.
Rekha hasn't really worked FT for 3/4 years due to stress.
Council is in cahoots with the school to get rid of her.
Order included a clause to not sell unless a conveyoncer signs a certificate as to proper ownership.
LR commited fraud, as Pete never signed the certificate. (That'll be because he doesn't have ownership!).
LR calls have been recorded, keep putting him through to the department of hanging up.
Unhappy 12 police with tasers used.
Section 6 notice has been placed on all outbuildings and the land - some sort of legal notice of occupation.Sounds like ROIRA but I'm not sure.
Pete says this isn't the first time he's been involved in this sort of thing. Apparently this method has worked for the anti fracking movement.
They blocked the gate with stone, but the clever plod removed them and let Landlords builders in, apparently to retreive tools left on site.Unhappy builders didn't ask their permission, was unmarked car and in plain clothes.
Tried to serve some junk on said PC who just dropped it on the floor lol
Lawyers are working behind the scene against the police on private prosecution and civil damages.
However, no clue as to how they will fund this.
Some nonsense about the LR going digital and scanning docs, then destroying originals or something, not sure why this is relevant.

https://www.facebook.com/tmilesj/videos ... 755585275/

[Siegfried Shrink]

My idea of a modest sum would be £10 to £20.

Just the judgements would be best.

[He Who Knows]

https://www.facebook.com/tmilesj/videos ... 3ODI0MzIw/

This is a tedious one-hour amateur interview with Peter McDowell via skype to a woman, Caroline Stephens, in a Wiltshire studio production called Stepping Stones to Awareness.
Interesting highlights for those who haven't got the patience or time:
The first fifth of the interview is about how Peter McDowell became the "expert" he is. It was via claims against the DWP over "wrong" child support deductions, and against GMP. He has just finished a law degree (?) and has some experience in the anti-fracking movement.
Although he calls himself Peter Carter he admits he set up Tunkashila Ltd in November 2016 especially for Wrecka so we know it is Peter McDowell.
Brave Sir Ken keeps popping up in the comments section and the pair will come back to the studio in 2 weeks time - probably to discuss Wrecka's Stockport Mags appearance on 16th July.
More woo about the fraudulent neighbour being in cahoots with the fraudulent conservation officer, and the fraudulent police, and the fraudulent Land Registry, and the fraudulent Deputy District Judge, and the conspiring private equity hedge-funders who make 2,000% return on litigation funding, and the fraudulent High Court Judge, the brown envelopes, the racially motivated reasons, the fake court order which wasn't signed by the High court judge, the fraudulent barrister and solicitor of the neighbour, "blind leading the blind", PC Bennett not turning up in police uniform or displaying his epaulettes, the fraudulent owner Macca, the Chief Constable is also in cahoots.

It all sounds so similar to McDowell's failed case against the DWP.

His solicitor, Ian David Burton-Baddeley of Longlands Solicitors Warrington comes out of it well, though. McDowell says: "We took legal advice from competent SRA solicitors who did due diligence," helping him to set up a tenancy for 10 years on £50 rent per month and a sale for £1 each to each of Wrecka's parents/Baron Ward/Penny Ross plus a further sale for £100 to Tunkashila Ltd a month later.

The outcome is that McDowell and Ken have found some lawyers from "down south" who are going to drive up to them (not the other way round) because they are so keen to take on this case against a whole fraudulent world.

Can't wait for the next tedious hour in two weeks time.

[He Who Knows]

whoops I forgot about the "fraudulent council" who were conspiring to get poor Wrecka sacked. Presumably that's Derbyshire County Council - ie not High Peak Borough Council who the "fraudulent" conservation officer works for, btw.

[Siegfried Shrink]

When everybody is fraudulent, it is possibly time to consider the simpler alternative that you might actually be wrong.

[AnOwlCalledSage]

When everybody is fraudulent, it is possibly time to consider the simpler alternative that you might actually be wrong.

In my experience it was difficult enough to get people in the same bloody council department to talk to each other, let alone co-ordinate a wide ranging conspiracy between different departments and levels of councils, national government organisations, the judiciary and private individuals!

[Gregg]

When everybody is fraudulent, it is possibly time to consider the simpler alternative that you might actually be wrong.

In my experience it was difficult enough to get people in the same bloody council department to talk to each other, let alone co-ordinate a wide ranging conspiracy between different departments and levels of councils, national government organisations, the judiciary and private individuals!

You just gotta admire us Illuminati. We're good.

[Siegfried Shrink]

In my experience it was difficult enough to get people in the same bloody council department to talk to each other, let alone co-ordinate a wide ranging conspiracy between different departments and levels of councils, national government organisations, the judiciary and private individuals!

This has always struck me as the basic flaw in all conspiracy theories, the practicalities of organising it. For a start, there needs to be a strong and reasonable basis for secrecy. The code breakers at Bletchley Park were so solid it was decades after the war when they began to talk, but the reason for secrecy was obvious and a shared commitment was easy to establish.
Any other conspiracy I can think of, and all the popular ones certainly take an awful lot for granted, inevitably to the point of absurdity and beyond.
Imagine the Hampstead school parents night when the head proposed setting up a Satanic paedophile club for all the children and parents, with added ritual abuse and baby sacrafice. There would have to be at least a few that were not so keen on the idea and possibly some active opposition that would need dealing with.
Just approaching the parents one by one might present some difficuties, some folk may have very busy schedules already, and many may prefer taking little Fiona to the Pony Club rather than dancing around festooned in skulls, no matter how eco-friendly their preparation.
In the flat earth cause, who has the job of telling the satellite dish ariel installer not to bother with lining the thing up right, just add this magic black box to the aerial because there are no space things at all.

[ArthurWankspittle]

When everybody is fraudulent, it is possibly time to consider the simpler alternative that you might actually be wrong.

Please explain this to Heather Touchy-Giraffe and Anna Von Ritz Crackers.

[ArthurWankspittle]

whoops I forgot about the "fraudulent council" who were conspiring to get poor Wrecka sacked. Presumably that's Derbyshire County Council - ie not High Peak Borough Council who the "fraudulent" conservation officer works for, btw.

I'm so glad the Chief Constable of Derbyshire isn't fraudulent. Bet he's a Jesuit Jew Mason though.

[He Who Knows]

Arthurwankspittle wrote: I'm so glad the Chief Constable of Derbyshire isn't fraudulent. Bet he's a Jesuit Jew Mason though.

He might not be fraudulent but he's defo in cahoots. Everyone is.
Those lawyers from "down south" need to get up to Glossop fast. Despite Peter McDowell not knowing how he's gonna fund his private prosecutions.
After all, his GoFundMe has only raised £90 so far.