Litigation & Fraud

[legalpickle]

To all you lovely people who have given me such good advice, dangermouse thanks for your comments I know I must sound like a kid with a tantrum at tesco's and believe I wish that I could throw one in front of everyone if I thought it would help.

LP' s advice is very very good, I admit something that is hard to swallow but I needed to come down to reality to see what the dangers lied ahead for me, and its because of not pre-planning properly ahead that I have allowed this mess to spiral out of control.

I have so much evidence of proof that any stranger would say my case is 100% truthful, the only problem I had was that I could never find anyone to put my case together properly and as with the assistance of my father managed to literally bury ourselves alive. The task of having to dig ourselves out of this grave is very very difficult, so I am going to think of some other angle with help how to tackle this matter.

Whilst you may have evidence that fraud, negligence or abuse of process & incompetence was committed, your chances of gaining personal justice are next to nil. I would therefore close this chapter in your life with some lessons for the future;

a) To seek professional advice at the very start.

b) To draw up in writing a clear breakdown of what happened so far before seeking the advice.

c) Not to be influenced by those who do not know anything about the legal process.

 

Now to discontinuing the proceedings.

 

Go to Her Majesty's Courts Service - Home, click on 'Forms and Guidance' on the left hand side. Type in 'N279' in the first box and then 'Find form'.

1. In the top right box fill in the court name, in CAPITALS.

2. Below that fill in the claim number.

3. Below that put your name.

4. Below that put the Defendant's name and then a line below in the same box any reference if they have given one.

5. Tick the first box. [Click in the box].

6. In the date box fill in '5th January 2009'.

7. In the very bottom of the page where it says 'The court office at' fill in the name of the court and the address [for example: Manchester County Court, Manchester Civil Justice Centre, 1 Bridge Street West, Manchester, M60 9DJ].

 

Then print off 3 copies of the form and with a ruler put a line through;

1. The first bracket '(defendant)'.

2. The second bracket in the line where you have ticked the box '(counterclaim)'.

3. The second through till the last bracket after 'against the', so the brackets '(following defendants) (claimant) (following claimants)' will have a line through them.

4. The two lines for cases where the Judge's permission is needed.

5. Below the signature box, the second till the last brackets, so the brackets '(Defendant)('s Solicitor)(Litigation friend)' will have a line through them.

 

Then sign each of them. Keep one for your record.

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Then prepare a letter with the following text;

 

 

The Court Manager,

... County Court,

court address

 

 

5th January 2009

 

Dear Sirs,

 

I write as with regards to claim number [claim number] with a hearing scheduled for [date hearing scheduled for] at [time hearing scheduled for].

 

For personal reasons beyond my control, I am discontinuing this claim with immediate effect. I hereby attach a Notice of Discontinuance confirming this request.

 

I confirm that I have served a copy of this on the Defendant.

 

Sincerely,

 

 

....

 

 

CC: Defendant's name and address

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If you have paid a hearing fee and not requested fee exemption or remission then above the line 'I confirm that I have served a copy of this on the Defendant', write another paragraph with the following text;

 

As I have discontinued this claim more than 28 days prior to the hearing date, I would respectfully request that the Court Office refund to me the hearing fee of £...:... that I have paid.

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Then ideally take the letter and Notice of Discontinuance in to the Court office, and send a copy of the letter and one of the Notice's of Discontinuance by 1st class post to the Defendant.

 

Your proceedings are then discontinued.

[frettful38]

Thanks LP

[legalpickle]

Thanks LP

No problemo.

 

Better luck next time!

[Dangermouse]

Good luck Frettful

[frettful38]

THANKS GUYS,

Trying to deal with this case has been trying to raise the dead, I should put it down to experience trial n error.

I think legalpickle has done a very good job advising, and the others too,

[42man]

They can apply for a wasted costs order if you withdraw i'm afraid to say Fretful.....but the judge may not grant it....I have only heard of wasted costs orders on here where the sols have dropped cases where they can't provide the paperwork....it's not an area i'm knowledgable in though...

[frettful38]

I have been in contact with the defendant today and they have told me they are not charging me with any costs.