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

[frettful38]

Thanks LP, and sorry.

[legalpickle]

I'm working on it now.

[legalpickle]

frettful38: Please keep checking back here today, as I may need your assistance - the matter is after all for you.

 

Please can you remind me of the original date of payment to the Defendant's Solicitor's of the £6191...?

 

In the meanwhile: Make 2 additional copies of: the letter to the Defendant that went with the cheque of £385 costs, the cheque, the special delivery receipt & your bank statement showing the cheque clearing WITH THE CHEQUE NUMBER/RELEVANT TRANSACTION CIRCLED.

 

Also, make sure you have everything you took to the hearing on 13th August 2009 laid out neatly in a folder.

 

I'm going out to get some postal orders for another matter now, should be back by 11:15, when I'll get back onto this if you've posted.

[frettful38]

Right,

 

On the 17th February 09 I received a letter from the Defendant's solicitor which read:

 

"We refer to your letter of the 13th February 09 and confirm that we received your cheque for the £6,191.80 on the 19th January 2005. A cheque for this amount was forwarded to Mr ##### (Defendant).

 

I do not know the exact date so assume the Defendant would have received the £6191.80 around 22nd'ish January 05.

 

 

I have in front of me three copies, one including for myself. In each copy there is:

 

a) Letter to the Defendant which reads

 

I write further to the hearing on 14th August 2009 before District Judge xxxxxxxxxxx in Aylesbury County Court.

 

In accordance with the order at the aforementioned hearing, I hereby enclose a cheque for the sum of £385 in full and final settlement of this order.

 

I look forward to your correspondence regarding the £3,433.20 that I contend was overpaid in your favour before 23rd September 2009, as District Judge xxxxxxxx ordered.

 

If you have no valid defence to this claim, i.e. to the approved Amended Particulars of Claim, then you owe me the sum of £3,433.20 plus £1,259.85 in statutory interest which totals £4,693.05 as of today, which continues to incur statutory interest at 76p daily.

 

Should you refuse to pay me this sum the proceedings will continue and will proceed to hearing where I will ask the District Judge to award that sum, plus the running interest & costs (pursuant to CPR 27.14[2][g]). In the alternative, you can pay me the £3,433.20 immediately and the interest clock will stop ticking, however there will be a hearing, where I will seek costs (pursuant to CPR 27.14[2][g]) to decide on my interest claim.

 

 

b) Copy of cheque in the sum of £385

c) Copy of special delivery receipt

d) Copy of Royal Mail Electronic Proof of Delivery with signature

e) Copy of bank statement showing that cheque of £385 is cashed and cleared.

[legalpickle]

Again, you haven't answered my question! Please, frettful38, I don't have all day to work on this for you, so PLEASE, read my posts and ONLY respond to what I have asked.

 

I said what you should prepare, I didn't ask for you to confirm it all in detail and give me more to read, when I am so busy!

 

To clarify - When did the funds leave your account to the Defendant's Solicitor's in 2005?

[frettful38]

Funds left account 5th January 2005

[legalpickle]

Good. Almost there. Keep checking in, should be ready shortly, assuming nothing else crops up!

[legalpickle]

I don't know if this is of any relevance LP but when this sum of £6,191.80 was paid out from the provisions of my remortgage I wrote to the Defendants solicitors in Jan 05. Their response was that "This money was calculated and information was sent to your solicitors". At that time I assumed that it was for my judgment and because I was so worried about losing my house I felt too afraid to dig any deeper.

 

My mortgage redemption statement shows that £6,191.80 as a third redemption. I wrote to my mortgage solicitors this year in Feb and asked them why this was and they said it was for a loan which I had with the Defendant's solicitors. That is why I could not make sense of this all and started to investigate it further. I wrote to my mortgage solicitors and requested my file back. They said that in order to release my file they needed the Trustee in Bankruptcy's authority because of my husband's bankruptcy at that time. My OH wrote to the TIB and he said that his authority was not required because he discharged himself from my husband's bankruptcy in Dec 05.

 

I wrote to my mortgage solicitors and sent them the TIB's reply and requested again they release my file. They did not respond to my letters or my letter before action. I then complained to the law society who took on my case. The law society have said that my mortgage solicitors have not released any information to them and the 28 days deadline is up, and they have assigned a caseworker to investigate further. I believe there is something that my mortgage solicitors do not want me to see in that file that's why they are not releasing it to me. I wanted to know how they calculated the sum of £6,191.80 before I issued proceedings against the Defendant.

 

I am happy that the law society are investigating my file, as my mortgage solicitors obviously are not co-operating with them properly either.

I was just going through all the posts on this thread and saw this.

 

1. It would not be the Law Society investigating, but the Legal Complaints Service. There is a BIG difference between the two.

 

2. Whilst you may be right that there's something in the file they don't want you to see, always assuming conspiracy is bad for you. It may be simply that they're incompetent twits.

 

3. This IS irrelevant to the current topic, so please don't post anymore on it, till we've finished with this topic, so as not to confuse things even more.

[legalpickle]

How long does it take you to travel each way to Aylesbury County Court?

[frettful38]

half an hour, or 40mins depending on traffic

[legalpickle]

half an hour, or 40mins depending on traffic

You're getting the hang of it now!

 

I've attached my proposed Schedule of Costs for you.

 

Yes, I have left out the time you spent with the Solicitor and the numerous Particulars of Claim you drafted, as well as postage. The reason is because most of that time resulted in mistakes, and as such cannot be claimed for. Also, the postage that did not relate to those mistakes or the results of those mistakes would be minimal - less than a fiver - because you sent things first class or recorded, rather than Special Delivery, because I wasn't involved.

 

What to do next:

1. At the top of the document, put in your claim number instead of the '...'.

2. Replace the first '...' by Claimant with your full name.

3. Replace the second '...' by Defendant with the Defendant's full name.

4. At the end of the document, replace the last set of '...' with your full name.

5. Print 3 copies. Sign each one (in the Statement of Truth at the end) and attach it to the front of the evidence you've already printed out showing that the Defendant received and cashed your cheque for the costs.

6. Based on my prior cover letter for the court, before the last hearing, prepare a new SHORT cover letter, and post a draft here, minus any confidential information, which I will then proof for you.

 

Once that letter is approved by me, print 2 copies. Staple one of the letters to the front of one set of the documents, put the other in your file - not attached to one set of the documents, sign it.

 

The set that has the cover letter you give to the clerk tomorrow for the District Judge. The set not in your folder, with no cover letter, you give to the Defendant tomorrow. As I wrote previously, before the last hearing, do NOT discuss with the Defendant. Only give it to him, saying "for you", and leave it at that. Under NO circumstances do you discuss it with him!!!

Schedule of Costs.rtf

[frettful38]

Thanks LP, I will do that. I will get back to as soon as I have done this so you can proof it for me, but I have to go for now. Will you be back later today to check please. I may be a couple of hrs?

[legalpickle]

Thanks LP, I will do that. I will get back to as soon as I have done this so you can proof it for me, but I have to go for now. Will you be back later today to check please. I may be a couple of hrs?

Yes, but don't be too long. This is the most important thing for you right now!

[frettful38]

Claimants details

 

 

Defendants details

 

 

Court details

 

 

Date

 

 

Dear Sir/Madam,

 

Case Ref: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

I write further to this claim, for which we are before today.

 

 

I would respectfully ask the court to award me costs and enter judgment against the Defendant for ££4,733.83, as he has not filed or served any evidence to contradict my claim. The court gave the Defendant a deadline up to the 11th Sept 09. The Defendant has not responded at all.

 

I have attached a schedule of costs to this letter and evidence that I have paid the Defendant the costs in the sum of £385 which I was ordered to pay at the hearing on the 13th August 09. The Defendant has acknowledged receipt via special delivery and the cashed the sum of £385 on the 19th August 09.

 

 

 

yours sincerely

Edited September 22, 2009 by frettful38

[legalpickle]

Claimants details

 

 

Defendants details

 

 

Court details

 

 

Date

 

 

Dear Sir/Madam,

 

Case Ref: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

I write further to this claim, for which we are before today.

 

 

I would respectfully ask the court to award me costs and enter judgment against the Defendant for ££4,733.83, as he has not filed or served any evidence to contradict my claim. The court gave the Defendant a deadline up to the 11th Sept 09. The Defendant has not responded at all.

 

I have attached a schedule of costs to this letter and evidence that I have paid the Defendant the costs in the sum of £385 which I was ordered to pay at the hearing on the 13th August 09. The Defendant has acknowledged receipt via special delivery and the cashed the sum of £385 on the 19th August 09.

 

 

 

yours sincerely

Nope! Why put the Defendant's details at the top of the letter???

Why repeat what's in the document? Isn't that a waste?

 

I've done the cover letter below. Copy it onto your letterhead, fill in the info, and then follow the instructions in my previous post.

 

 

 

The Court Manager,

Aylesbury County Court,

Walton Street,

Aylesbury,

Buckinghamshire,

HP21 7QZ

 

Dear Sir/Madam,

 

23rd September 2009

 

Re: Claim No.: ....

Parties: YOU vs. DEFENDANT

 

I write further to the aforementioned claim for which we are here today, in which I am the Claimant.

 

In the hearing on 13th August 2009 the Defendant was told to file and serve any evidence and/or comments, should he have any such evidence, by 4pm on 11th September 2009 in defence of my amended Particulars of Claim.

 

The Defendant stated clearly to the District Judge that if he finds that there was an overpayment he would pay it to me direct before the hearing.

 

The Defendant has not filed and served any evidence or comments in defence of my Amended Particulars of Claim, and has not paid me anything in respect of this claim.

 

I have however complied with the court order, and paid the Defendant the summarily assessed costs for my mistakes. Attached to this letter is evidence that I have complied with the court order.

 

I therefore respectfully request that summary judgment is awarded in my favour for the overpaid amount, interest & costs without wasting further time of the court.

 

Attached to this letter is a Schedule of Costs, which I believe is extremely reasonable, together with details of the full amount I feel I am entitled to. I would appreciate if the Defendant is ordered to pay this full sum, which comes to £4,965.21 within 14 days, in accordance with CPR 40.11.

 

Sincerely,

 

 

 

... - Claimant

[frettful38]

You are a darling. Thank you very very much for all your help.

 

When/if everything goes as planned I would like to make a generous donation, to you or on your behalf to anywhere you like. Is that ok?

 

I will be back on here as soon as I get back from court tomorrow with the result.

 

Thank you thank you thank you and thank you again :)

[legalpickle]

You are a darling. Thank you very very much for all your help.

 

When/if everything goes as planned I would like to make a generous donation, to you or on your behalf to anywhere you like. Is that ok?

 

I will be back on here as soon as I get back from court tomorrow with the result.

 

Thank you thank you thank you and thank you again :)

I don't think I've been called a darling before!!! Lol!

 

I cannot ask for payment, under CAG rules, [otherwise I would never refuse money!] but donations to CAG are welcome.

 

I sincerely hope things go well tomorrow!

 

Good Luck!!!

[frettful38]

I will shoot myself in the foot if it bloody don't after all the work you put in:D.

Take care LP, have a great day and I will let you know as soon as I have the results

 

regards

 

frett

[frettful38]

I cannot believe what has happened to day. The longer this goes on the more things are coming out. Give me a few minutes I am just posting up, must warn in advance it long and eerie:mad:

[frettful38]

I arrived at court 9.30a.m and went to the usher. The usher could not find my my case listed. He had a good look around but no luck, then rang and inquired. Someone from admin came up and said that the Defendant sent a fax yesterday and could not attend.

The usher said that the Defendant was in court yesterday and he told the usher "see you tomorrow", the admin guy said I don't know about this and the usher insisted that the Defendant did say this. The admin guy then took me down to a room and gave me these two letters. Scanner don't work so bear with me please. This letter was faxed to the court on the 11th Sept 09 at 12.55 and it is dated 27th July 09. It reads:

 

 

Dear Madam (District Judge xxxxxxx),

 

 

Since the courts order of 13th August 2009 I have been in communication with xxxxxx (solicitors who acted for him in 05) with a view to obtaining their file to enable me to provide the further information that this matter requires.

Unfortunately, it would appear the file has either been mislaid or destroyed, this may prejudice our position with regard to defending the claim as we only have limited evidence of which we can rely.

 

Should the court believe that in light of the files being unavailable there would be no point in proceeding with the hearing on the 23rd September 09, I would be quite willing for the application to be dealt with as the court sees fit, without a hearing and to allow the case to proceed to trial.

 

However, should the court be minded to assist the parties by making a summary judgment on the claim at the hearing perhaps we could negate the need to put this matter to trial, as you have previously been made aware the parties continually been before the courts and I seek finality.

 

 

Yours faithfully (Defendant)

 

2nd letter which the court gave me today, it says General form of Judgment order but my address is not on there at all. The admin guy said that it was posted to me:rolleyes:, the order is dated 22nd Sept 09:rolleyes:. The order reads:

 

 

Before District Judge xxxxx sitting at Ayeslbury County Court

 

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 2009 by 4pm 6th October 2009

 

 

What the bloody hell is going on. The usher said that the judge had been away for a few days and had a lot of cases to catch up with. There is something fishy here, I thought that the court had already given the Defendant until the 11th Sept 09 to file a defence?

 

LP, hope you can make some sense of this please, or maybe it is OK. The admin guy said they would have rang me yesterday but did not have my number. They wanted to say that the hearing today was adjourned

[legalpickle]

STOP PANICKING!!!

 

All it means that the Defendant has an extension till 6th October to file a defence. Yes, he shouldn't have got it, but he did, so there's nothing you can do.

 

He won't get a further extension unless he has a good reason.

 

Now you just need to wait.

 

If you don't receive anything, then on 7th October in the morning you call the court to see if they have received anything. If not then the you send a fax to them, which we'll deal with, asking for Judgment in Default.

 

If yes, then you wait to receive a copy and further instructions. Most likely it will have an AQ, which we'll deal with when you get.

 

All that's happened now is that his Application to Strike Out has been dismissed and the case proceeds to trial, if he has a defence and judgment if he doesn't.

 

Seriously, stop being such a worrypot!!!!

[frettful38]

Thanks LP, I have waited all this time and a few more days won't kill me. If I receive anything in the meantime I will post up and thank you for dropping in nutty old me.

 

take care

[frettful38]

Just got home and checked mail. There is a letter from the court with the order. I just can't understand why the Defendant needs to check with the solicitors about the sum of £6,191.80. Wouldn't it not make sense that he check his own bank account and see if this sum went in to his account and cleared.

I know and he knows it did, and he is just being a stubborn jackass, and would rather cut off his nose to spite his face.

 

Ah well more waiting I guess.

[legalpickle]

It's called court proceedings. And unfortunately it's your own fault!

 

Had you filed a competent Particulars of Claim in July, or whenever you issued, you'd be at the stage of Judgment in Default or a final hearing any day now!

[frettful38]

Wise words LP, which I have taken and learned a very valuable lesson. I will be better prepared next time round but hopefully not soon;)