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

[Desperate Daniella]

Thank you, Elsa.

 

I'll try that, although I have been speaking to a barristers chambers as you know. They just didn't have anyone available for the 17th which is why I'm very happy we are not on then.

 

I've looked at what direct access barristers can do and they can draft documents so I might see if anyone is offering half an hour free legal advice, and then go for the direct access anyway.

 

The problem with solicitors is that they vary so much. I had a very good one years ago but they retired and moved away, and in a way I have been spoilt. They were very, very clever and although basically a one man band came up against the top firms and won. Unless you hear of someone like that on recommendation it's hard to know where to go.

 

I chose my barristers chambers because I saw one of their guys in action some years ago and he was fabulous, and chambers tend to be 'good' chambers or not.

 

Can you think of any reason why I shouldn't do direct access?

 

I appreciate that they can't use their headed letterheading, but they can advise on drafting. Also, that way I get to choose the barrister I want instead of someone the solicitor might choose. I want someone quick and clever, not someone who is just going through the motions because they know they'll get paid anyway. If I employ the barrister direct I'm a real person to him, not just someone he meets on the morning of the trial.

 

DDxx

[lexis200]

Hi DD:)

 

I've not been on for a few days so missed all the build up, but I just wanted to congratulate you on holding your own so well when confronted with her solicitor!

 

I know the outcome was not exactly what you were aiming for but I do agree with Elsa that once this all sinks in she will be a hell of a lot less gung-ho about keeping this going. Also, her sol may have been advising her that going against you as a LIP gave them a very good chance despite her spouting a load of bollo**s about your role and the loans, but now that he's going to be up against someone who can fight your corner for you and will know exactly what to ask, I do wonder how eager he will be to push her to continue?...

 

Keep it up, you're getting there bit by bit.

 

Lexis xx

[summerbreeze]

Thank you, Bazaar.

 

They clearly were expecting this to be easy and I'm so glad I'm allowed to counterclaim. I was worried that the judge might not allow it as the trial was so imminent so I'm very relieved.

 

Talking of lawyers, I once heard a friend say her lawyer "seemed very nice". I told her that this was not a good sign, and needless to say she lost her case.

 

There is a firm in the North - Leeds I think - who are soooo nasty that even other lawyers run for cover. Unfortunately they don't work in London. I called them on behalf of a friend and although they couldn't take the case as it was in the South they assured me they are very, very nasty indeed. In other words, just perfect.

 

Hi DD

been following your thread. Well done so far

Would you PM me the name of the ' nasty Leeds lawyers ' as I might need them ..... unless they are the ones chasing me

 

Thank you

[Desperate Daniella]

Thank you, Lexis and Summerbreeze,

 

Well I thought later that his email first thing this morning was sour grapes because he didn't get his own way yesterday, and she posted the invoice back on Saturday presumably thinking I'd get it before court yesterday and it'd unnerve me.

 

She clearly doesn't think that all the hundreds of hours of work I did count for anything. The judge was very firm about mediation this time. The behaviour towards me was absolutely appalling and if she were honest with herself she'd know that. She didn't get her money back because she threw me out of the company - fact. Unfortunately she is very bitter, so whether she'll continue or not is anyone's guess, but I can't believe she'd want to open herself up to a cross-examination. I'm flat broke because of what she did, and I only wish I could go for damages too because she's been so bloody wicked.

 

Summerbreeze, I'll pm you. I don't know how nasty they are now, but a barrister who was up against them several years said that were absolutely dreadful - kept throwing all sorts of rubbish at her until she gave up as it was just so exhausting!!

 

DDxx

[bazaar]

DD the e-mail and her letter are and have been calculated to harrass you, thats part of the game.

As far as the e-mail is concerned, print it off in case you need it, In future, just class them as spam. If they are not requesting a return or read notification back, then they are irrelevant. Remeber the golden rule, prove you sent the letter.

As Shadow said earlier. she's obviously run your bill past her solicitor. That was his response. So now the judge has pretty much told you all to mediate, or else.

Dont rise to their baiting, just keep it as evidence of the harrassment they have been engaged in.

Mediate away and show that you are behaving in the correct manner.

Oh and another thing, she sent her demands to you personally, so whats the difference in you sending her your demands personally in the absence of the company she couldnt run?

[Desperate Daniella]

You are absolutely right, Bazaar.

 

Well, I don't think there'll be any mediation until I issue the counterclaim. If I were her solicitor, bearing in mind what the judge said, I'd probably start trying to start a discussion now, but obviously they are not going to do that.

 

Obviously I haven't done my reply to her WS saying why she wouldn't do ADR - as it arrived so late, but I'll do it before the 17th. Will put the draft up here.

 

Now, the issue of her/her company and me/my company - as you say, what's the difference? Some of the IOUs were for my business, not me personally, so in fact her POC is wrong. However, I think that could work quite well. She is going to say that I should have sent the invoice to the company (which I bet doesn't have any money because I'm sure, and know to a certain extent, she's done bu**er all) and they will say it doesn't matter whether the loans were to me or my company and that they should be treated as the same entity, and that means I can say the same applies to her. After all, we started work six months or more before the actual company was registered at Companies House, and that is where Section 51 of the Companies Act comes in (thank you, Elsa) as it says I can rely on her at that time.

 

As you know, they have been refusing disclosure of the accounts and bank statements on the basis that I could only have them if I made a counterclaim - and now I'm doing that. If she has done nothing with the company it illustrates yet again how she threw me out to spite me, not because she was capable of running it on her own.

 

I was absolutely astonished her solicitor didn't say anything when I was telling the judge the whole thing was down to spite, but he didn't. Not a word.

 

DDxx

[Desperate Daniella]

Hi all,

 

I was trawling the internet for a solicitor I'd heard of who also does litigation and came across one I knew over 20 years ago who was my then boss's solicitor. Anyway I rang him up and I'm going to see him and the litigation partner some time next week.

 

I told him the whole story at great length and his comments were:

 

"So this is basically about ego."

 

and

 

"So she wasn't getting the glory."

 

Sums the whole thing up really and he got it in 15 minutes on the phone, so I hope the judge got an inkling too. Can't believe her own solicitor can't see it either - but then of course she's probably lied to him as well.

 

DDxx

[cymruambyth]

Her own solicitor is being paid to have the correct thoughts:rolleyes:

[Desperate Daniella]

This is true. But the judge did look directly at him when she said she was strongly recommending mediation, and he has to tell her that.

 

I have to say also that if I had been her, regardless of whether my solicitor was going, I'd have been there too on Monday. But if I'd been her I would have had a genuine claim, not one I was making up.

[cymruambyth]

I have to say also that if I had been her, regardless of whether my solicitor was going, I'd have been there too on Monday. But if I'd been her I would have had a genuine claim, not one I was making up.

 

Yes but you need to remember, she is paying someone to scare you and so that she does not have to deal with you. This could have started as a 'fit of pique' and she she didn't think you would/could stand up to her. She probably doesn't want to face you.

Luckily she didn' t realise that you have a secret life as a CAGGER and a massive support network :grin:

Keep fighting

[lexis200]

Yes but you need to remember, she is paying someone to scare you and so that she does not have to deal with you. This could have started as a 'fit of pique' and she she didn't think you would/could stand up to her. She probably doesn't want to face you.or an irritated judge who will be rather pi**ed off with her for wasting the courts time!

Luckily she didn' t realise that you have a secret life as a CAGGER and a massive support network :grin:

Keep fighting

 

[Desperate Daniella]

[Desperate Daniella]

Just another thought:

 

As you know, her solicitor denied receiving my letter asking for the documents she listed in her SD (probably because it contained a third request for the accounts/bank statements).

 

His first action since Monday was to send me a letter about charging interest. How long do you think I have to give him before I drop a note to the court saying he hasn't sent them? I can now request the bank/statements under the counterclaim, but the first SD documents are still outstanding. The original order said inspection within seven days of getting the list, but of course the court have let him ignore all the dates all the way through.

 

DD

[The GodMother]

DD i love your sols take on this.

 

Personally i would give them till next monday close of business then politely remind them you want the docs.

 

I say that as it is 7 whole days from the date of the order on monday.

[Desperate Daniella]

Hi GM,

 

Yes, he sums her up in two sentences.

 

Actually I was thinking of not chasing him up at all - I'd much rather report him to the Court for still not supplying the documents. I gave him a copy of the letter he said he didn't receive in front of the judge, so he can't say he didn't get it this time!

 

DD

[The GodMother]

Ok then

[caro]

Actually I was thinking of not chasing him up at all - I'd much rather report him to the Court for still not supplying the documents. I gave him a copy of the letter he said he didn't receive in front of the judge, so he can't say he didn't get it this time!

 

DD

 

Spot on DD. There's absolutely no requirement to send reminders.

[The GodMother]

the only reason l said send a reminder was to show the courts ur acting correctly.

[Desperate Daniella]

Thanks Caro and GM,

 

I have acted correctly all the way through, but when he denied getting the letter about disclosing documents apart from calling him a liar there was nothing I could do and the judge either believed him or had to give him the benefit of the doubt.

 

I'm hoping he forgets to send them. If he does I don't know whether to go for another strike out on the basis that the judge actually saw me give him a copy of the letter and if he doesn't now send the documents that would, I think, back up my statement to her that he had just ignored the letter because of the CPR request.

 

Anyway, we'll see what the next few days bring. I've got to do my witness statement about why I would have been happy to do ADR, especially after he tried to imply I'd agreed with him that it was a waste of time. Thank heavens I wrote to the court at the time.

 

xx

[Desperate Daniella]

Morning everyone,

 

I got the Order for the new date of the trial for claim and my Counterclaim yesterday.

 

The judge has said that there are no further fees - so she has let me off the £200 for the counterclaim. I had explained that I hadn't been able to do it before because of lack of funds, so this is very very kind of her.

 

She's also told me to re-do my defence because I said that since I did it I had discovered a lot more information and I had been doing everything on my own.

 

I did my reply to her ADR statement saying why she wouldn't do it, which has obviously miffed her solicitor because I said he tried to get me to agree with him that ADR was a waste of time which he is denying. He did!!!!!

 

Also, I reiterated all the way through that I was willing to consider mediation and negotiation at any time, because the judge had specifically stated that the case was suitable for mediation, and if she refused it now and then decided she wanted it later she should be liable for all costs from now on because costs for both sides could be avoided if she did. He wrote back to say that they won't consider it until they get the counterclaim. They could of course have negotiated on the basis of the invoice I sent which she sent straight back.

 

I have done some research with other companies about what they would charge for what I did and my figures are totally realistic.

 

Thank you everyone who has been with me on this thread and helped me. I would never have gone for the strike out without your help and although I didn't get that I am able to counterclaim and I was very worried that I might not be allowed to do that as it was so close to the trial, so it was well worth going before the judge.

 

I hope you all have a happy and peaceful Christmas and that for just a few days we can put the litigation, banks, dcas, the lot of them on the back burner.

 

Thanks to all of you I did not lose my case on the 17th December, just eight days before Christmas, and I can't thank you all enough for that.

 

Lots of love, and Happy Christmas,

 

DDxxxxxxxxxxxxxxxxxxxxxxxx

[the_shadow]

DD, all of us on here just make suggestions, its you that actually is in that court room, not us. Give yourself a great big pat on the back and have a nice drinky poo or two over xmas/new year

 

Sounds like you've had a good and most importantly fair judge so far.

 

All the best.

 

S.

[slick132]

Hi DD,

 

I hope you get the result you want as this prgresses.

 

Well done for taking it this far. As you say, a good judge can be a real blessing.

 

Enjoy the Christmas break and come back fighting fit.

[cymruambyth]

Hi DD I'm glad you are feeling more relaxed and confident. Good luck with the rest of your battle and have a lovely Christmas.

[Desperate Daniella]

Hi everyone,

 

Thank you for your good wishes. I hope you all had a good Christmas too.

 

Happy New Year, and may it be better for all of us in 2010.

 

DDxx

[slick132]

Hi Daniella,

 

Happy New Year to you too, and to anyone else reading this.

 

Here's to a good one.