Help Needed for Court Case. Claimant ignoring Directions and Witness Statement needed by Friday

[Desperate Daniella]

Know exactly how you feel, Lexis.

 

I didn't live extravagently before, but I am by nature very sociable so spent a lot of time having friends with children over for lunch or tea, or visiting them.

 

Now, I make excuses to avoid almost everyone. I can't afford the petrol to go anywhere - the number of times I have driven to school wondering if I'll get back because the tank is always on empty - and in any case I have nothing to talk about. Only two of my friends and my immediate family know what an awful financial mess I am in, and my family don't know about the Court case.

 

I've got a couple of jobs I need to do to earn money, but they involve a lot of driving and I'm worried sick about how I will be able to do them because of the cost of the petrol.

 

Worst of all, my daughter is becoming very aware of the fact that we don't have the lifestyle that her friends have. The other day she said, "I wish we lived in a house which is always warm." Makes me weep just thinking about it. My boiler is on its last legs, so switches itself off all the time and I have to re-ignite it by hand. Consequently we wake up every morning in a freezing cold house, and she sits almost on top of a fan heater while she has her breakfast.

 

Can't see any improvement coming in without money, and I don't have the money for petrol, advertising, and everything else I need, so because I haven't got any money I'm being prevented from making any money,

 

Sorry, my rant too. I hate January. My sister killed herself if January 2005 so it's the very worse month of the year for us. Can't stop crying this morning.

[lexis200]

I'm so sorry DD, that's horrendous to have to cope with.

 

I know it's desperate, but I fully believe in Karma (I'm not remotely spiritual and am utterly atheist, but what goes around comes around is definitely something I believe in!) and quite frankly you just seem far too nice for this situation not to improve. It might not be immediate, but things will pick up. I suspect we're all crossing fingers that it picks up by way of your ex-friend having to compensate you for all the sh*te she's put you through.

 

I thought we were going to be stuffed forever, on benefits and with no hope of improvements but then out of the blue OH was offered a job which, although it hasn't actually meant we are really much better off money-wise has meant we have managed to come off benefits. This followed a year of my poor OH having to cope with losing his parents. His mum died in October '07 after 2 years of battling cervical cancer, then 6 months after she passed away his dad was diagnosed with advanced mesothelioma (asbestos related lung cancer) and given 12 months to live. He died in November '08. We were due some good luck and it came along. I'm sure it will for you too...

 

On a lighter note our house is also always freezing, but that's coz my OH is really cheap with stuff like that:) Before we had money problems (he was on over 80k a year - and yet the heating was still never on:rolleyes:) I noticed one of the under-cupboard lights in the kitchen was out and on top of the microwave. I took one look and thought OH had taken it out to save a few pennies on lighting (he's not cheap in any other respect, but utilities were his bugbear). A week or so later OH noticed it was out and asked why I hadn't put it back - turned out it had just fallen down, but I was so used to him being odd with stuff like that I assumed he'd done it:)

 

I know just what you meant with the petrol. I've coasted into the station on more than one occasion (the kids are dying for it to not make it so that they can push a car!!). Of course it's not helped by the fact I get lost everywhere so use more petrol that is necessary - I really have no sense of direction at all (proper girl like that). Now when we get lost and I have to do the old twirl round a roundabout etc the boys stick their hands in the air and go 'woooohhhhh' like they're on a ride:D They even did it when I was in Brighton with them the other month, only we were walking down the road rather than in the car... I got a few weird looks for that one.

 

I hope you can keep your chin up. Remember with your daughter that when she's older things like not having the heating will seem reasonable cos she'll then be paying her own bills. Things like that just fade in time to an amusing anecdote ('you think you had it bad - can you believe my mum used to make me sit with a fan heater at brekkie because she wouldn't put the heating on!! ') We still take the mickey out of my lovely dad cos we thought he kept a tight rein on the heating - the same thing will happen with your daughter as she won't associate it with not having money.

 

We have the heating on for an hour in the morning and an hour in the evening because we can't afford more. The kids think it's completely normal to sit under blankets all the time. On occasion it's been cold enough that you can see your breath - they think that's really cool. You can bet when they're older we will be the butt of many jokes, but they won't know it's because we couldn't afford it because kids are intrinsically self-centred and just don't notice stuff like that.

 

Plus, do remember that having you is far more important than having things. I know it's a cliche but it is true. My boys don't have every new thing on the market, but they are good boys and I frequently receive compliments about their manners. They are not going to grow up thinking they missed out because they haven't had the latest lego set or whatever - well no more than I have grown up twisted and odd because my mum and dad never bought me a Mr Frosty anyway. Seriously that's scarred me for life.

 

Keep plugging away, you'll get to the light at the end of the tunnel soon enough xx

[Desperate Daniella]

Thank you so much for that, Lexis.

 

When I am being logical I know there are so many of us in this horrible situation, and before I found CAG I used to know that but wondered where I found people like me...and then I did.

 

I'm very sorry that you lost your OH's mother and father so sadly and in such a short time. On top of everything else....

 

I do try not to feel sorry for myself. If I ever do I go on to the new posts and see if I can help someone else because that takes my mind of my own situation.

 

I have a stinking, streaming cold, and I'm feeling bloody awful, which is probably adding to the January downer.

 

xxxxxxxx

[The GodMother]

What really gets me about it is...when Gordon Brown so generously bailed the b****s out with all OUR cash, did it not occur to him to write into the contract "on acceptance of 6 squillion of taxpayers money, you undertake to withhold bonuses until such a time as that money has been repaid...otherwise, Mr Banker...NO DEAL"

Noel Edmunds would have done a better bleddy job

 

Yep must Get noel to help out next time.

[Desperate Daniella]

Noel Edmonds is a highly successful, money-making entrepreneur. Of course he would do better than this bleddy Government. He is unsentimental and would cut waste and, I'm sure, protect the interests of the main population of our country, who are being ripped off.

 

Sorry for being so miserable yesterday. Had an attack of the Mean Reds, but unlike Holly, I do know what I'm afraid of and there's too much of it!!!!!!!

[The GodMother]

DD we all have bad days trust me on that.

[pedross]

Noel Edmonds is a highly successful, money-making entrepreneur.

 

Correct Daniella, an interesting point.

 

He is now and he was before but what happened to him in between when he was off our screens and getting nowhere.

 

He was up but then he was down. But he did not stay down and that is the secret. The power of positive thinking. In Noel's case it could be 'The Cosmic Ordering Service'. According to the book it is recognised as the book that turned TV presenter Noel Edmonds' life around.

 

I have said this before to you, you must believe. Nothing else is real, only what you believe is real. I told you everything would be alright and it was. Now move forwards. If you believe it will happen, it will happen and you will win.

 

Pedross

[Desperate Daniella]

Hi Pedross,

 

Yes, you were right, but I do get my really down days. Years ago I met someone who worked out my biorhythms and I was so cynical but did a 'blind' test and there was something in it. I have only just been reminded of that by your post and will do an internet search on it now.

 

I have put in so many Cosmic Orders, as suggested by Noel, you wouldn't believe!

 

Actually, when Noel was off our screens he was enjoying being a country gentleman and involved with horses.

 

I am now going to believe that I am going to win a huge amount on the lottery tomorrow. (And specify: There's no point in saying "I want to win the lottery" because you will - and it will be a tenner.)

 

So obviously tomorrow night I'll be inviting you all for dinner at the Ritz, and making a very large donation to CAG. (And that will be a genuine invitation.)

 

DDxx

[Desperate Daniella]

Hi GM,

 

Yes, we do. And ain't life a bitch?!!!!

 

DDxxx

[Desperate Daniella]

Hi all,

 

Just a little update.

 

Got her witness statement most of which says she "doesn't admit ....", so didn't bother to post about this, although it did say she had "dozens" of contacts who would use our business.

 

This week I got her standard disclosure list and requested documents from it. From her "dozens" of contacts she is producing one letter to one of them about the business.

 

Then there is one letter from a client instructing us. Of course it went to her - the registered address was her home.

 

I have over 140 emails about our business, 60 of which are pitch letters to potential clients.

 

She is saying that a scribble I put on a knock up of the brochure was my design for the logo - not true because there is something in the logo which comes from a photo which I can provide.

 

She is saying she did invoice the company I mentioned the £500 for my report, but they didn't pay.

 

I asked under CPR 31.6 for accounts - she has presented a list she has typed herself with dates which make no sense, and I have said to her solicitor again today that we will not accept this as evidence.

 

I asked for bank statements for the company and her solicitor says they are not relevant. They would of course show the dates she received the payments the clients said they sent.

 

She's also saying I only worked with two clients - I have already told them I can provide proof that I worked for three.

 

Can't remember if I said that my barrister said that it was absolutely clear that the money she advanced was used for my company - she knew that all along. A couple of the payments she made directly to companies I used using her debit/credit cards. This will prove she knew the money was going to my company which she knew I was taking time away from for "our" new business. My company bank statements also show that every time she advanced a payment I paid a company bill the very next day.

 

She doesn't want to supply the bank or credit card statements because they'll prove she is a liar. The CPR says you cannot refuse to provide documents because it could harm your case.

 

I have asked her solicitor (by email this afternoon) straight out if she is refusing to provide these documents and said that I need to know one way or another as I will be speaking to my barrister tomorrow. If they refuse, and he agrees, I'll apply to the Court to make her produce them.

 

I'm hoping she's getting nervous now.

 

DDxx

[pedross]

WOW, you are certainly fired up,

 

You can discredit the first statement.

 

She admits the £500 invoice it does not matter if they paid or not. They might have paid if you had been asked to help collect the debt, because you were influential in obtaining the business.

 

She has failed to keep adequate accounts.

 

She refuses to provide reliable evidence in the form of bank statements.

 

You worked for 50% more clients in the short time that you were involved than she has declared in evidence. One client cannot be De Minimus if it represents 50%.

 

Finally, the bit I am uncertain about, if I understood it correctly, she made some payments directly to your suppliers. She did not give you the money she paid a debt on your behalf. You gave her an IOU against money you did not directly receive. What would have happened if there was a dispute regarding the goods or services supplied, who was entitled to a refund you or her. Perhaps your Barrister has an opinion on the legality of third party payments.

 

You are doing well.

 

Pedross

[Undercover-Elsa]

Good point, Pedross

[Desperate Daniella]

Hi Pedross and Elsa,

 

They were advertising bills. My company should advertise regularly. The paper trail of my bank statements shows that almost all money she advanced was on particular days for particular bills, but she paid two of them directly to the publishing company. She is trying to say she had no knowledge of how I spent the money, but this is absolute garbage.

 

Apart from the verbal agreement, I can prove all the work I did, the paper trail of statements, and so on. She is being evasive because she is a liar. Another barrister friend of mine who doesn't deal in this stuff says that most judges rule on the basis of the percentage of what can be proved, and I can prove a lot.

 

I'll let you know later if I hear back from her solicitor.

 

DDxx

[bazaar]

DD It may not be her thats being evasive,her solicitor is obviously trying to cover up the cracks in her case and make her look more reasonable than you.

Insist on bank statements being presented, then at court when they refuse ask why they feel they are irrelevant.

You could always tot up some figures and present them for payment, but without a suitable document, IE bank statements to show outgoings etc. its all hearsay evidence.

Has she applied to court to present hearsay evidence?? Me thinks not

[Desperate Daniella]

Hi Bazaar,

 

What she has provided as "Accounts" are not Accounts. They are a list of invoices she says she sent. She also sent copies of bills she has paid.

 

I can't believe her solicitor is listing these in Standard Disclosure as "Accounts". They are not certified accounts, and surely her solicitor can't believe I'm going to accept her word about anything.

 

I have a jolly weekend ahead preparing about 300 pages of evidence for them. Let's see how they feel when they wade through all that!

 

DDxx

[The GodMother]

the judge said all the info was relivant in regards to the business from memory so i would assume that bank statements and cc bills are relivant docs.

 

DD please correct me if l am wrong in what the judge said.

[angel_1]

Hi Pedross,

 

 

So obviously tomorrow night I'll be inviting you all for dinner at the Ritz, and making a very large donation to CAG. (And that will be a genuine invitation.)

 

DDxx

 

hey dd, have caught up with your thread here blimey what a whirlwind, waves hello to the usual crowd too:D

 

invite out, hey dont forget little ole me, family been ill past couple of weeks, dd still recovering so only past few days been on here to catch up with all

 

keep your pecker up and yes i cant believe it, ive actually got noels book, must get that out again and read it again maybe this time my cosmic requests will be more positive

 

anyway take care all catch up soon and elsa whats happening to the new thread dont forget me lol

 

laters guys angel x:cool:

 

 

By the way on your case ive just thought, maybe a bit of a long shot of sorts, but surely her company and the accounts that she legally needs to keep, could you ask your barrister if it could fall under the umbrella of money laundering issues, since she cannot or will not verify trading accounts i wonder if this could be deemed to be inappropiate accounting, i wonder who could investigate that avenue, i may be totally out of my mind suggesting this angle but hey maybe another nail in the coffin so to speak

 

keep positive

Edited March 5, 2010 by angel_1

[pedross]

Good try Angel,

 

But money laundering is a bit of a long shot and would not be worth pursuing. Your point regarding the accounting issue is relevant in my opinion because her negligence in providing adequate accounting records for the court shows her disregard for the proceedings.

 

This gives DD the opportunity to prove that her details of the true events are based on actual provable facts rather than the story of the events that her opponent would have the court believe.

 

I think the best new point for the Barristers opinion is my theory on the IOU (I would think my idea was good ) which I posted several pages back and I still believe that the IOU's are not a strong legal point for the claimant.

 

Pedross

[Rymitch]

I have sat and read every post on this thread and I can't believe what shes putting you through all because shes a spoilt brat(and got all prissy because the clients would rather talk/deal with you the expert than her the no nothing figurehead) and thinks because she has money everybody is to take her word as fact(am rich your poor so that mean am right and your not) claim her for every penny you can and when you win and it ends up in the court round up of the local paper if they post it on their web site its public new she cant try any claim you have embarrassed or humiliated her post the link up as a final fitting tribute to her narcissistic self-worth.

[Desperate Daniella]

Hi everyone, and Hello Rymitch,

 

Didn't actually realize I had new posts - I must have missed the alert.

 

Rymitch, you are right. She thought she would win because despite having lied in her statements before she instructed her solicitor once she had got him on board and I couldn't afford to pay the fees for the the counterclaim, let alone a barrister, she thought it was game over and she would win, simply because she could afford representation.

 

I don't know what I would have done without all the support and good advice I got here.

 

Spent three whole days copying off all the stuff I have done - over 200 pages, compared to her 20 pages of evidence about what she has done. I have been very stressed because I am so angry. Anyway, I delivered the boxfull to her solicitor on Monday, so now he has proof of all the work I did. He must by now know she is lying. I have an itemised mobile phone bill and it's very clear that I was running around all over the place working for all the clients. They are trying to imply I did this work without her knowledge - I have emails and phone records of my calls to her too.

 

He is still refusing to disclose the bank statements/credit card statements and keeps waffling on that they aren't relevant, and doesn't understand why I want them or am entitled to them. I have explained that three times, and asked him twice now if he is refusing to disclose them. The first time of asking he ignored the question, and the second letter went off by email yesterday morning and so far no reply. So much of her WS is that "it is not admitted" that she paid this or that. I've told him she can easily check by looking at her own statements!!!!!

 

Apart from this Court case the effects on my life and that of my daughter have been disastrous. I needed the company to succeed, and that's why I was working my butt off for it. She has loads of money so it didn't matter to her one way or another. She just couldn't stand it that I was really enjoying myself and on an up.

 

We've heard of fairweather friends, well she is what I call a "foulweather friend". When you are down and have problems they love it because they feel superior and condescending, but when things get better in your life they absolutely hate it and get jealous because you are getting stronger. She herself had many problems and I was always there for her and pleased when things got better for her, but she just hated it when things looked as though they were getting better for me so she shaf*ed me, for want of a better word. Sad, isn't it.

 

Will update when there is news.

 

DDxx

[The GodMother]

DD did the judge not say the bank and cc records were relivant?

[Desperate Daniella]

I can't remember exactly what she said. I said they wouldn't disclose documents and her solicitor said that was because I hadn't put in a counterclaim, and as there was now a counterclaim I thought they'd produce them, but they won't.

 

There is nothing in the Order, so I'll have to apply for one. I mean, I'm hardly going to take her word when her "accounts" are just a list on a bit of paper of when she says she got payments and there is nothing to identify what they refer to.

 

DD

[Rymitch]

After sleeping on it I think it might not be to good an idea to post it up if it reaches the paper as that could compromise your anonymity.

[The GodMother]

DD i have checked you post about the ater court return and it does not say but i would get your barrister to do a application for the bank statement and CC bilss as they will clearly show she is lying.

[Desperate Daniella]

Oh GM, you are a sweetie. I haven't had a chance to look at my own thread because I am up to my ears in getting ready for my daughter's party tomorrow. I have asked her solicitor outright (twice) if he is refusing to disclose the documents- the first time he said they are not relevant - well, he would, wouldn't he? (as Mandy Rice Davies would say), and he hasn't replied to the second letter. I'm going to be too busy tomorrow, but if there is no reply by tomorrow night I'm going to email him over the weekend saying that I'm making an application.

 

Rymitch, I wouldn't want it in the paper and would ask for reporting restrictions if there happened to be a reporter around. I've never actually seen one and I've been popping in and out for the last few months. I wouldn't want my daughter to be the centre of attention at school over this.

 

Thanks everyone for your continuing support on this. It means a lot to me.

 

DDxxx