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  • anna200
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21 Aug 12 #351036 by anna200
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I have 2 separate issues arising which were contained within the same order . firstly I have submitted form d62 application judgement summons to deal with unpaid periodical payments as this seemed straight forward and the payments were contained in the order. Secondly, on a more complex issue outlined in the preamble to the order as an undertaking rather than an order I have submitted D11 notice of application for Directions to have this matter considered . as they were 2 specific and separate debts i''m looking to recover I wanted to keep them separate... but I am now concerned that this is perhaps not allowed as I had to confirm on the d62.."1..no order of commitment in this matter which remains unsatised" and .
2. "I further certify that no [writ or] warrant of execution has been issued to enforce the order.it "

can anyone answer the following
Is the D11 considered a writ ? also what is meant by no order of commitment in this matter which remains unsatisfied

is it ok to have 2 separate actions based on the same order but regarding separate issues

  • fairylandtime
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21 Aug 12 #351037 by fairylandtime
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Hi Anna

I really don''t know the answer but welcome. I have filed a d11 before and would think that both debts would & should be considered on the one order, for me it cost £90 wouldn''t this be twice if you field separately?

There are others on this site who are a lot more in the know re this, hope they will be along soon.

JJx

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22 Aug 12 #351058 by dukey
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You submit D11 D62 along with a copy of the order you will need an affidavit along with an evidential file in support, do you have a penal notice? have you enforced this so far?.

No one should attempt a judgement summons unless they know what they are doing and have followed the correct procedure.

  • anna200
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22 Aug 12 #351099 by anna200
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oh dear its fait accompli''. i only filed the documents yesterday and included a copy of the court order with both applications but no affadavit!! clearly i don''t know what i am doing ( just desperate to draw a close to it after 15 months of correspondence with his solictor) ultimateley i just wanted an impartial view on the situation''s and a prompt decison hence application for matters to be taken to court... i''m really loathe to see a solictor ( my past experience is that they just inflame the situation)as well as can ill afford, i''m part of the group in society who are more or less excluded from obtaining legal guidance, not on benefits so can''t get legal aid but just above that level so not any spare cash for other then basic living needs... whereas ex has solicitor, accountants and personal staff on hand...its just so unfair .. when you already have a court order it should be straight forward enough for lay people to enforce it ...it makes the original order pretty impotent if one has to subsequently provide expert legal argument when the order is breached... this process should be simple, but i guess its unlikely to be reformed as it would put alot of the fee makers out of a job...come the revolution!
why do you say no one should apply for judgement summons unless they know what they are doing??? sounds ominous

Many thanks for your response, i don''t think i have much choice but to hire a solictor ( i will have to sign up for medical experiments to fund it! he he )

  • QPRanger
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22 Aug 12 #351104 by QPRanger
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Hi Anna I have literally just posted in my thread ''Court Order: Brinkmanship?'' with pretty much the same issue.

The legal system is set up to allow solicitors and barristers to rake in the money: mine have run up nearly £10k and I''ve got nowhere and now I am forced to carry on myself as I just CANNOT afford to keep paying these people (I also have no confidence in them actually getting the right result for me anyhow now).

The judge bent over backwards to help my stbx at the last court hearing as she had no legal representation, even though she had had Legal Aid for the first 6 months but it was taken off her due to her not declaring income!!!

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22 Aug 12 #351111 by anna200
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hi
thanks for you response. Have you actually been to the hearing after filing tthe D11?. if so what was the process you had to follow.

I have made 2 applications and paid for each . main reason for doing this was to have them considered independently and also to keep each claim under 5k so could be heard in small claims track to keep fees down. .. i''ve probably got it wrong??but i have a real aversion to family lawyers. i just wanted to bring the matter to a rapid conclusion, the x is an abusive bully and generally obtuse person and I just don''t want to give him headspace anymore...wrestle with pigs and you get dirty and the pigs enjoy it ...so true

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22 Aug 12 #351114 by QPRanger
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Hi
No I have merely filed a D11 and paid £45 for judge''s Directions on her numerous breaches of the Court Order: nearly 5 weeks later and I''m still waiting for a response of any kind.

I totally agree with what you said earlier: a Court Order in black and white should be easy for Joe Public to enforce if you can provide clear evidence that it has been broken but it appears not huh? Last time I chased the court they said they were behind with all their work and my case was not urgent. Thanks then!

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