Is this a mistake or Fraud? ***WON***

[surprise]

With people like IT they have probably been used to having their own way and not use to someone standing up to them, they think bullying is acceptable. All it needs is one strong person to stand up to them and quite often when they see their bullying isn't working they start back tracking. Time will tell! This is why I think ignoring these morons is always the best policy.

[legalpickle]

THE RESULTS ARE IN!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

LETTER FROM COURT IS HERE.

 

I have been very busy and received yesterday but did not have time to post up. This is what it says:

 

 

Before District Judge xxxx

 

Upon considering the file

 

IT IS ORDERED THAT

 

1. Case be allocated to the small claims track

 

2. Parties must send to the court and each other by 4pm 25th November 2009

 

a) Copies of all documents on which they intend to rely even if they previously have been sent to the court

b) statement of all witness's including parties

 

3. Case listed on Friday 4th December 09 at 14.00p.m for two hours at xxxx county court

 

 

:eek: Bloody Hell listed for 2 hours, will I make I make it?

Don't worry!

 

Firstly, they always list for longer than it takes, because where both parties show up the case is more contentions. And IT will probably object to everything, which will drag the hearing out.

 

Secondly, as many small claims cases end up being settled last minute, or one party showing up, or neither party showing up, or it being an Application by Consent or Tomlin Order - they overbook. So on the day where both parties show up - which will no doubt be the case in your claim - such cases go in last. BUT you MUST be ON TIME, i.e. be in the court at 1:50pm!

 

Thirdly, not to worry at all. We'll prepare something. It'll be a piece of cake. Instructions are at the end of this post - after responding to all the other posts.

 

I am sure with all the support on here yes you will - the question is will IT?

IT will NOT, but frettfull WILL!

 

At least with a small claims track his letter about the costs is worth more as toilet paper as IT will also know costs are limited in small claims cases and I believe not granted very often.

"his" should be IT'S!!!

 

CPR 27.14[2][g] - costs in small claims track are granted where a party has been unreasonable. Considering IT has definitely been unreasonable they will - hopefully - be granted in favour of frettful38. But the £2k bit is not even worth toilet paper because if £350 was previously granted, only a few months ago, it would be impossible to get to £2k by now in small claims track! And the District Judge accepted that frettful38 has a case, so the odds of frettful38 losing with no evidence being submitted by IT, are next to nil.

 

Thanks surprise and andie for the support, just waiting to see what LP thinks and advises

 

Can everyone see how much of a stubborn jackass he is being even after I showed him and the court clear cut evidence in black and white. He is not admitting anything or even trying to be reasonable, he can't even prove me wrong.

 

He thinks he's got the whole court in his hands, and he does honestly believe that he will win because that is how he operates. He does this kind of thing for a living.

 

IT!!! IT!!! IT!!! IT!!! IT!!! IT'S!!! IT'S!!! IT!!! IT!!! IT!!! IT!!!

 

Stop ranting, and if you're going to rant, at least use IT'S or IT, otherwise you're insulting ALL humans!!!

 

Don't worry fretful, it'll probably only take a fraction of the time allocated and we're all behind you with moral support and LP is behind you with a whip

Seconded!

 

With people like IT they have probably been used to having their own way and not use to someone standing up to them, they think bullying is acceptable. All it needs is one strong person to stand up to them and quite often when they see their bullying isn't working they start back tracking. Time will tell! This is why I think ignoring these morons is always the best policy.

Seconded!

 

Ok, frettful38: This is what you should do now.

 

1. Copy all the following 4 times:

a) Amended PoC.

b) Other documents you took to last hearing.

c) Letters to IT & from IT, including the latest letters from IT and the proof of payment for the lasts costs order.

d) Court orders from the result of the last hearing to date (including this one).

e) Documents we prepared for the hearing that was scheduled but never went ahead in the end.

 

Put them in date order, in 4 piles. List them in date order (most recent at end) like such:

 

1. Amended PoC [1 page]

 

and so on and so forth.

 

Post the list up here as an attachment.

 

I am MAD busy at the moment so won't be able to deal with this till a week from Sunday (which is 22nd November), but you should only send it all Special Delivery on 24th November, so that leaves more than enough time to deal with it.

 

Stop worrying!

 

In the meanwhile, if IT sends you ANYTHING, post it up here IMMEDIATELY.

[frettful38]

Thanks LP so much. When you say letters that to IT could you explain which ones exactly please. I mean I have been writing to IT for many years but was always threatened by court in return.

Do you mean all the letters that I wrote to IT that are relevant to this case. As I issued summons in Apr/May, don't know exact date but will find out.

 

So all the letters I wrote to IT regarding an explanation about the sum of £6,191.60?

[legalpickle]

Thanks LP so much. When you say letters that to IT could you explain which ones exactly please. I mean I have been writing to IT for many years but was always threatened by court in return.

Do you mean all the letters that I wrote to IT that are relevant to this case. As I issued summons in Apr/May, don't know exact date but will find out.

 

So all the letters I wrote to IT regarding an explanation about the sum of £6,191.60?

I actually meant all letters to and from IT since the Amended PoC was accepted.

 

But all PERTINENT letters would be good too - that means those letters asking for an explanation, and the responses from IT.

 

(You didn't issue a "summons", that actually means something else - relating to judgment, but you issued a court claim.)

 

You don't need anything relating to this action prior to the Amended PoC that was accepted being accepted - except evidence you may have previously relied upon - in this batch of documents, because you don't intend to rely on it, but you should still keep it in the file you take to the hearing.

 

The Sabbath comes in at 4pm today (goes out at 5:07pm), so I won't be able to respond to any more messages today.

[frettful38]

I actually meant all letters to and from IT since the Amended PoC was accepted.

 

But all PERTINENT letters would be good too - that means those letters asking for an explanation, and the responses from IT.

 

(You didn't issue a "summons", that actually means something else - relating to judgment, but you issued a court claim.)

 

You don't need anything relating to this action prior to the Amended PoC that was accepted being accepted - except evidence you may have previously relied upon - in this batch of documents, because you don't intend to rely on it, but you should still keep it in the file you take to the hearing.

 

The Sabbath comes in at 4pm today (goes out at 5:07pm), so I won't be able to respond to any more messages today.

 

 

I hope I have done this correct. I have copies of letters that I wrote to IT'S solicitors dated 17th, 24th, 27th January 05, 4th February 05 inquiring what the sum of £6,191.80 was for. Never once did I receive a satisfactory response from IT or IT'S solicitors. I have those copies too.

 

Also copies of letters to IT dated 23rd February 09 requesting IT return the overpayment received. I have several letters from IT and IT'S then acting solicitor requesting specifically the sum of £2,758.60 in order that IT remove charge from my property. If I have done this correct LP and you proof it then I can go ahead and make four copies. I have all the papers and documents ready in date order.

Edited December 2, 2009 by frettful38

[legalpickle]

I hope I have done this correct. I have copies of letters that I wrote to IT'S solicitors dated 17th, 24th, 27th January 05, 4th February 05 inquiring what the sum of £6,191.80 was for. Never once did I receive a satisfactory response from IT or IT'S solicitors. I have those copies too.

 

Also copies of letters to IT dated 23rd February 09 requesting IT return the overpayment received. I have several letters from IT and IT'S then acting solicitor requesting specifically the sum of £2,758.60 in order that IT remove charge from my property. If I have done this correct LP and you proof it then I can go ahead and make four copies. I have all the papers and documents ready in date order.

1. Are you sure number 1 is 7 pages? Please advise what each page is.

 

2. Are you sure number 2 is 10 pages? Please advise what each page is.

 

Note: If the documents attached to number 1 are listed further on, you don't need to include them as attached to number 1, just list them as they are further on. The same goes for everything else.

 

3. Number 4: Please post these documents - minus any confidential details - up here.

 

4. The file you attached does not include a breakdown of all evidence. Whilst this may be in number 1, I asked for a breakdown of ALL documents that are relevant.

 

Please redo this ASAP, correcting your spelling mistake in number 5.

 

I'm baking this afternoon and have to complete quite a few things today, but should be able to deal with this by tomorrow night. Once you've posted the corrected list of documents please keep checking back in case I need you to answer any questions.

 

Everything will need to be sent on Tuesday by Special Delivery.

[frettful38]

1. Are you sure number 1 is 7 pages? Please advise what each page is.

 

2. Are you sure number 2 is 10 pages? Please advise what each page is.

 

Note: If the documents attached to number 1 are listed further on, you don't need to include them as attached to number 1, just list them as they are further on. The same goes for everything else.

 

3. Number 4: Please post these documents - minus any confidential details - up here.

 

4. The file you attached does not include a breakdown of all evidence. Whilst this may be in number 1, I asked for a breakdown of ALL documents that are relevant.

 

Please redo this ASAP, correcting your spelling mistake in number 5.

 

I'm baking this afternoon and have to complete quite a few things today, but should be able to deal with this by tomorrow night. Once you've posted the corrected list of documents please keep checking back in case I need you to answer any questions.

 

Everything will need to be sent on Tuesday by Special Delivery.

 

 

Number 1 is 7 pages as I have put everything in order but will change this to 1 page and put documents attached further on

 

The documents in number 1 are as follows

 

a) Final Costs Certificate order to pay £2758.60 (1 page)

b) Letter from Defendant's solicitor dated 7th January 05 requesting payment of £6,191.80 to remove caution from property (1 page)

c) Letter from Defendant's solicitor dated 14th January 05 requesting payment of £6,191.80 to remove caution (1 page)

d) Mortgage financial statement showing £6,191.80 paid to Defendant's solicitors from the provisions of remortgage ( 1 page)

e) Letter from my mortgage solicitors dated 10th Feb 09 confirming they sent a cheque for £6,191.80 to Defendant's solicitors on 17th January 05 ( 1 page)

f) Letter from Defendant's solicitors dated 17th February 09 confirming they sent Defendant a cheque for £6,191.80 on the 19th January 05 (1 page)

 

I will do the same for number 2 and not add 10 pages but write documents attached further on

 

I have attached the document you requested in number 4 minus the details

[legalpickle]

Number 1 is 7 pages as I have put everything in order but will change this to 1 page and put documents attached further on

 

The documents in number 1 are as follows

 

a) Final Costs Certificate order to pay £2758.60 (1 page)

b) Letter from Defendant's solicitor dated 7th January 05 requesting payment of £6,191.80 to remove caution from property (1 page)

c) Letter from Defendant's solicitor dated 14th January 05 requesting payment of £6,191.80 to remove caution (1 page)

d) Mortgage financial statement showing £6,191.80 paid to Defendant's solicitors from the provisions of remortgage ( 1 page)

e) Letter from my mortgage solicitors dated 10th Feb 09 confirming they sent a cheque for £6,191.80 to Defendant's solicitors on 17th January 05 ( 1 page)

f) Letter from Defendant's solicitors dated 17th February 09 confirming they sent Defendant a cheque for £6,191.80 on the 19th January 05 (1 page)

 

I will do the same for number 2 and not add 10 pages but write documents attached further on

 

I have attached the document you requested in number 4 minus the details

Please attach the document as a Word document, as when you attach it as an image I can't see it - even when I save it on my computer.

 

The Amended PoC should be one page + cover letter - two pages. And the court order I believe is one page - correct me if I'm wrong.

[frettful38]

Please attach the document as a Word document, as when you attach it as an image I can't see it - even when I save it on my computer.

 

The Amended PoC should be one page + cover letter - two pages. And the court order I believe is one page - correct me if I'm wrong.

 

 

I am trying to attach it, damn it I can't do it properly but will keep trying

[frettful38]

Please attach the document as a Word document, as when you attach it as an image I can't see it - even when I save it on my computer.

 

The Amended PoC should be one page + cover letter - two pages. And the court order I believe is one page - correct me if I'm wrong.

 

The Amended POC is 1 page + cover letter. Court order is also 1 page, sorry I am trying to get image on screen but having a bit of problem with the new scanner

[legalpickle]

The Amended POC is 1 page + cover letter. Court order is also 1 page, sorry I am trying to get image on screen but having a bit of problem with the new scanner

If it's a Brother then use Paperport which allows you to export it as a PDF.

 

If you get it in an image, save the image and insert it as a picture in Word, then attach the Word document, because when you attach the image here, it reformats it, so it's too small for me to read.

 

I'm starting baking in a few minutes, so won't be able to come on till this evening.

[frettful38]

If it's a Brother then use Paperport which allows you to export it as a PDF.

 

If you get it in an image, save the image and insert it as a picture in Word, then attach the Word document, because when you attach the image here, it reformats it, so it's too small for me to read.

 

I'm starting baking in a few minutes, so won't be able to come on till this evening.

 

 

Thanks LP, my printer is HP Photosmart C4600 all in one series. I am still trying to work it out. I have written out what the order says below if it is of any help.

 

 

General Form of Judgment or Order

 

 

Before District Judge xxx sitting at xxxxxxxxxxxx

 

Upon considering the court file

 

IT IS ORDERED THAT

 

 

1. The balance of the defendants application to strike out the claim is dismissed.

 

2. The hearing listed for the 23rd Sept 09 is vacated.

 

3. The Defendant must file a defence to the amended particulars of claim dated 13th August 09 by 4pm 6th October 2009

 

Dated 22 September 2009

 

 

 

 

I will post up later in the evening the rest of the information you have requested LP. Just shooting off to Boots to get cough medicine as I have got a very bad flu aswel. Thanks and see you soon

[surprise]

Fretful try going into My Computer - click on your printer - it should then come up with initiate new scan and should come up with different programmes click on to Word and you should be able to scan and save in word format. I have the Photosmart 4400.

[legalpickle]

Fretful try going into My Computer - click on your printer - it should then come up with initiate new scan and should come up with different programmes click on to Word and you should be able to scan and save in word format. I have the Photosmart 4400.

Thanx surprise! I hate HP with a passion, so had you not come along would have made some snide remark!

 

Cranberry Cake made.

Honey Apple Cake in oven.

Choco-Coconut Fudgy Cake - cousin taken to her oven.

At 7:20 she's coming back and we're trying them all.

[surprise]

LP - I don't believe you would make any snide remark!

 

I bet your kitchen smells lovely with the baking, hope you've got a dishwasher being manual or otherwise?

[legalpickle]

LP - I don't believe you would make any snide remark!

 

I bet your kitchen smells lovely with the baking, hope you've got a dishwasher being manual or otherwise?

Yup! Love it, but my cousin's getting the benefits of the chocolate cake smells - which rules!

 

Nope. No dishwasher - not enough room for that!

 

I do the cakes in trays and am then freezing them. I prefer to do them fresh, but I'll be so busy that week I won't have time to do it, so got no choice.

 

4 Honey Apple Cakes

3 Choco-Coconut Fudgy Cakes

3 Cranberry Cakes

 

And I've still got to do the Potato Kugel (Pie) tonight!!!

[frettful38]

Right tried to get the hang of this new scanner but not getting anywhere at present but will keep trying. In the meantime I will have to go the long way round and go through photobucket, hopefully this will be a bit better.

 

This is the court order.

Edited December 4, 2009 by frettful38

[legalpickle]

frettful38: I'm waiting for the full breakdown of documents. Please deal with ASAP.

[frettful38]

OK LP I am just doing it now

[frettful38]

frettful38: I'm waiting for the full breakdown of documents. Please deal with ASAP.

 

 

I sincerely hope I have done this correct now LP,

Edited December 2, 2009 by frettful38

[frettful38]

Hi LP do I need to add anything to the above or is it OK?

[frettful38]

LP is there anything more I need to do as I have everything all in a pile and just waiting for you please?

[surprise]

Sit tight - Probably stuffed from yesterday!

[frettful38]

Sit tight - Probably stuffed from yesterday!

 

Lucky LP, hope he had fun god he deserves it after all the work he puts in. I was thinking maybe I have not done what LP asked for correctly, but I am sure he will let me know as soon as he reads what I done.

 

Time is getting near and I know that everyone who has been reading my thread are anxious to see the end result, but our star is missing and we cannot go forward without him. So LP we are all waiting for hope to see you soon:)

 

I would have thought the response that LP had prepared for me on the 16th October 09 would have summed everything up all in one.

Edited November 23, 2009 by frettful38

[legalpickle]

I sincerely hope I have done this correct now LP,

Hi LP do I need to add anything to the above or is it OK?

LP is there anything more I need to do as I have everything all in a pile and just waiting for you please?

Not far off.

 

1. 1a) & 1c) are not dated. All should be dated or marked as undated.

2. Please put them all in date order, and re-list in date order.

 

Sit tight - Probably stuffed from yesterday!

I wish, more like zonked! Only had a piece of each type, the rest is for the feast in less than 3 weeks!

 

Lucky LP, hope he had fun god he deserves it after all the work he puts in. I was thinking maybe I have not done what LP asked for correctly, but I am sure he will let me know as soon as he reads what I done.

Correct to latter part. Responses above. Fun is only when I get cheques from large companies who screwed me and got sued. None in the past few days. And yesterday was hardly lucky! More like tiring as hell!

 

Time is getting near and I know that everyone who has been reading my thread are anxious to see the end result, but our star is missing and we cannot go forward without him. So LP we are all waiting for hope to see you soon:)

Don't worry!

 

I would have thought the response that LP had prepared for me on the 16th October 09 would have summed everything up all in one.

Not far off, but needs changing a bit.

 

Should be able to complete it all late tonight or tomorrow straight after I get back from GP. Will aim for tonight after 10:30pm if you can post the completed list of attachments by 10:15pm please.