cunzy2504
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|TR were not keen on going to appeal once permission was granted to appel, we wanted to make sure that they did not pull any stunts so requested an order be made to be put in front of the HHJ, of course as you are probably aware we had to get the Consent Order approved. They held Judgement! TR did not want to pursue the claim further and we sought to get all bases covered so there could be no tricks later or incurr further costs.
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Hi guys, hope you are all well. As promised an update and a conclusion to this thread. I will give the main points but also try and keep it brief. CLAIM DISCONTINUED......yes you are reading it right, HFO and Turnball Rubberfeet! discontinued claim by way of consent order! After losing out in the DJ lotttery, legal advice was sought ( I am sure you all know who). Permission to appeal was applied for. Thanks to the poor service and organsiation ( included misplaced documents) of the Cout Office got chance to apply to appeal. Had to wait for transcription of both hearings(which took and age to get due to cirumstances mentioned ealier in this sentence. Apparently according to the Spiv TR did not have a copy or did note take any notes on the judgement. Bollocks! Merrell typed them on a lovely White notebook! On finally gaining the transcripts it was obvious that there were serious flaws in the determination of the judgement and the DJ has obvious mis directed himself on a couple of points. certainly on S78 and on the Default Notice. But mainly S78. A Barristrer was sought to draft a Skelton Argument for appeal, a senior barrister (QC), one of the best available was approached to take up the case. The curious enquiries came from TR as a stay was in place until the case was heard in the appeal court. A HHJ gave permission for the right to appeal to be orally heard with the appeal to take place directly after if agreeable. Meanwhile TR had been in constant contact with my legal advisors and negotiations were entered into. In conclusion TR requested a consent order be made up drop the claim......they pay all costs including Counsel costs leaving me to pay my lown legal costs. HHJ reviewed tghe Consent Order and approved it...............HFO or TR do not get a penny out of me. Done, dusted, judgement gone and TR out of pocket, oh dear! so sad. Any questions I will try and answer, thanks for all your help, especially PT for all the legal help. If anyone is interested in seeing the Skelly prepared for appeal, pleased let me know and I will send one across to you. (its good) Regards, Cunzy
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