Background - My mother is a life tenant of a Interest in Possession Trust. In January 2011 she issued County Court Proceedings against the Trustee for income due of £28,771 for the accounting period April 2009 - April 2010. She had written to them several times to which they had replied, Yes, we owe you the money, we will pay when we choose. They admitted the debt and on the 31st January 2011 Judgement was entered plus interest and costs which they eventually paid but only after being threatened with Liquidation proceedings.
My mother has just received the accounts for April 2010 - April 2011 and they have listed the £28,771 as a debt from the 2009 - 2010 accounts and added numerous addition but unproven charges so that she has only received a payment of 1.11% yes, one point one percent of the income. Now what they are doing in trying to keep her out of her money is clear and an action to remove them would no doubt succeed but, getting the money and obtaining another judgement against them would no doubt help.
Questions have been asked to which they will, no doubt, not reply. How could we make a claim for a specified sum if we have no idea what that sum would be. Could we make a claim for an unliquidated amount plus interest, damages and costs and how might we word it.
I have no doubt we will win and any judge will instantly see that 1.11% after being sued is totally wrong but I need to know how and what to do please.
Obviously, once we win, removing them on the evidence of two Judgments and clear prejudiced by them towards my mother would be simple and a Chancery Action could otherwise be very expensive and long running.