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toxicdebt

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  1. Yep. You can tether on GiffGaff tariffs (Goody Bags) that dont have unlimited internet allowance. So if your friend has the £5 or £7.50 Goody bag then its OK. But if they have a £10 or higher Goody Bag that includes unlimited internet access (data) they risk getting their sim cut off without warning.... SEE HERE
  2. This is called 'tethering'. Make sure you check that you are allowed to do it with your provider as some dont such as GiffGaff and will cut you off if you do it.
  3. Thanks. My confidence has returned by the way EDIT: I have the DN envelope in my possession. Its a UK mail one with just a barcode and a few numbers on it. It doesn't state whether its 1st or 2nd class. I can scan it up if needed. However I received it on the 11th not the 9th as they are assuming.
  4. Hi Andy, Wow! Thanks for the Boost in confidence (and you citizenB). I really thought i could have performed better. I've been beating myself up! Here are the 6 pages of the Skeleton Argument... (5 pages this post, 6th in a new post below)
  5. Hi citizenB, thanks for your reply. She didnt reserve the case so it will go into the lottery & ill get a different judge. It nearly went to a different court, until the chap said he didnt know where that was! They called an employee in with a diary to book it in. The judge did say something about "reserving the costs" from my strike out hearing, and then explained the costs awarded against me for today's hearing would be rolled over to the future hearing. I think the lack of confidence is down to the judge's patronisation toward me and longing looks of understanding toward the Shoesmith guy. However, now I know what to expect I wont let it deter me next time. Im treating this hearing as a rehearsal for the next. There is one point Id like some advice from Andy on over something they produced called a "Skeleton Argument on Behalf of the Claimant". In it one point regarding the DN asking for the full amount owed rather than the arrears. Basically he said it didn't matter that it asked for the whole sum & spouted some legal jargon. Worryingly the Judge nodded in agreement with him. Ive got a copy from him in the car. Ill scan the whole document up as soon as Ive had a cuppa. I also suspect that they will now find this thread, as he asked if I had a legal background and praised me on my Witness Statement preparation. I told him Id researched on the internet. In hindsight perhaps a bit silly of me to tell him that.
  6. Back from Court... Upshot is that my application to strike out was dismissed. Reason given was that the although the claimant had missed every singal court deadline as per the court directions, the biggest offence was their failure to serve witness Statement, which has already been delt with via the sanction of them being debarred from giving oral evidence at trial. I told the judge i had just one day to compose my WS and serve it by the time the claimant had supplied their standard disclosure list & sent the documents I had requested. She then asked if I had not been able to include anything in my WS due to this. I said there were two parts that i had included but were not in my Standard Disclosure list. This was obviously not enough for her to agree with the strike out. Total hearing length 30 minutes. Waiting time 2 hours! Their application for Summary Judgment was adjourned as the Judge said there was not time to hear it today and that the defendant must be allowed time to compile and serve any written evidence I wished to submit. - new SJ hearing 6th August. I have until the 19th July to serve any written evidence. The chap representing Shhosmiths (he wasn't from Shoesmiths) was quite pleasant. He told me that Arrow Global had made a complete balls up of this case and in panic pleaded with Shoesmiths to take the case back on at the last minute. He also told the judge this in a round about more legal way. The other interesting thing hew said to the Judge was that with "being debarred from giving oral evidence makes it very difficult for the claimant to achieve a result at trial" (or words to that effect). I also over heard the Shoesmiths chap talking about my case to another solicitor in the waiting room. This solicitor said during the conversation "You expect to get a Summary Judgement after waiting all this time ( 4 months) from the defendant serving his Witness Statement? Why have you not sent the SJ application sooner". The Shooy guy related the 'Arrow Global balls up' line to him! It was a deputy District judge I had, who was new to the job (according to the Usher) and seemed more nervous than me! She was pleasant if not a little patronising when speaking to me compared to when she spoke to the Claimant chap. So I live to fight another day. I need to prepare some written evidence in support of my defence of their SJ now. After today's hearing I am a little less confident than before. But I march on!
  7. Had a reply from the Court regarding the Claimants application for summary judgement. Seem they have succeeded in hijacking my strike out hearing this Friday... "The Hearing of the claimants application for trial be adjourned and other will take place at xx:xxAM on the etc etc" How are they going to go about this as they are debarred from giving oral evidence?
  8. So the Court could grant them their application points without any input from myself? Hadnt thought of that neither.
  9. Hmmm. Hadn't thought of that scenario. They didnt ask for an adjournment on their Application- just asked for it to be heard at the same time as my trial next week, but I guess the court could implement one anyway. Hopefully not! As for the CPR rules. I will push. Promise!
  10. Oh, Just had a thought. With regard to my strike out trial, do I have to prepare and submit a Witness Statement? Or do I just turn up and state my claim? The order from the court doesnt say anything - just the time of the trial. And thanks for your help and advice this evening Andy. Its much appreciated.
  11. 2. The defendants application (my strike out) dated xx June be dismissed - on the grounds they are are already debarred as a result of failing to supply a witness statement. 3. The defence is struck out - "Has no real prospects of defending the claim"
  12. 12 July - Next Friday. They want to hold it the same time as my strike out hearing - "to save costs"
  13. Date on the order for my strike out hearing from the court is 2nd July. EDIT: Not sure if you meant that or the order for the full trial hearing. That was dated the 6th June.
  14. Thanks Andy. Ill drop another N244 in on Monday morning asking for a set aside. EDIT: can I do this before the court actually grant their Application for SJ hearing? Or do I wait till I receive the courts decision?
  15. Just been reading up on Summary judgments and CPR 24.5(1)b States... If the respondent to an application for summary judgment wishes to rely on written evidence at the hearing, he must – (b) serve copies on every other party to the application, at least 7 days before the summary judgment hearing. I dont have time to do this as my trial is less than 7 days away already. Can I ask the court to set this aside or not allow it due to the above? I If so, how do i do it (which form etc)?
  16. Thanks Andy but there has been more developments. Ive received in today's post an Application Order from Shoo's for a Summary Judgment. They want it heard at next weeks hearing for my strike out. The details are this... 1. The trial listed xx August 2013 be adjourned generally 2. The defendants application (my strike out) dated xx June be dismissed 3. The defence is struck out 4. Summary judgement for the claimant in the sum of £11,026.11 5. The defendant do pay the costs etc. The have also FINALLY sent their witness statement which states a lot of lies which I can prove in court and their reasoning for dismissing my strike out is that they are already debarred from giving oral evidence at trial. (I can argue that one away easily I think). If (when) the Court grant their Application for a Summary Judgment to be heard at the same trial as my strike out, will they be allowed to speak seeing as they are debarred, or are they just debarred at the main trial? How do I defend an application for a Summary judgment?
  17. Ive had a reply to my Application Notice for a strike out pursuant to CPR 3.4(2)(c. Although I ticked the box that said I didnt need/want a hearing for this application the court has scheduled one for next week. Here is the courts reply... *gulp* Seeing as I didnt ask for a hearing when I submitted my application notice for a strike out does this mean that Arrow Global / Shoosmiths have requested one? Or does it mean that the court has decided on its own? Will Global Arrow / Shoesmiths be there? / Be invited? I know what I have to prove - thats the easy bit - they have not complied with a number (nearly all) of the courts directions etc, but do I have to submit any paperwork in advance etc. (Ive never been through this before). How do these things run? any heads up on procedure etc would be of great help to me. Toxic.
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