Being sued by Cowboy Builders - please help *** Claim Struck Out ***

[wonky100]

Unsurprisingly we haven't been provided with the documentation in the incomplete disclosure list. I guess they'll just say it's got lost in the post. This will be the 3rd letter that has got lost in the post and all recent correspondence has been by email (including the disclosure list) 'cause they won't send us letters anymore as they are using 3 logos on their letterhead which they aren't permitted to use.

 

So, off to the courts i go on Monday with an application for disclosure. Think I'm ok with this. Virtually done anyway from the other week. Will shout up if I need any help.

 

But I'm also want to make an security for costs application as per previous threads and any help in this regard would be really appreciated.

 

On a positive, may have an appointment lined up with the law school at Manchester University. Either way, they've given me some tel nos to ring for help and have also told me about the PSU at Manchester Court. They've also said that they'll look for a Barristers who provide pro bono advice and get back to me next week.

[gezwee]

Unsurprisingly we haven't been provided with the documentation in the incomplete disclosure list. I guess they'll just say it's got lost in the post. This will be the 3rd letter that has got lost in the post and all recent correspondence has been by email (including the disclosure list) 'cause they won't send us letters anymore as they are using 3 logos on their letterhead which they aren't permitted to use.

 

So, off to the courts i go on Monday with an application for disclosure. Think I'm ok with this. Virtually done anyway from the other week. Will shout up if I need any help.

 

Don't wanna say told ya so, lol....... no matter Wonky, just make sure you request stay within the appy or everything else will trundle along regardless

 

But I'm also want to make an security for costs application as per previous threads and any help in this regard would be really appreciated.

 

Still not come up with much in the way of burden of proof...... just an assumption but I suppose you could attach copy of companies house name changes, but you'd also need to include copy of original agreement...... it's not the sort of doc you could withhold if you're asking a dj to consider the claimants ability to bear a costs judgment.

On a positive, may have an appointment lined up with the law school at Manchester University. Either way, they've given me some tel nos to ring for help and have also told me about the PSU at Manchester Court. They've also said that they'll look for a Barristers who provide pro bono advice and get back to me next week.

 

Wonky

 

Not come up with much at the mo just the following reference to submitting application

 

Gez

 

Applicationfor security for costs

(rule25.12, also Companies Act 1985 s.726)

Parties should useform N244 and include in Part A the following:

“......for an order that:

1. the claimant give security for thedefendant’s costs in this claim to the

satisfaction of the defendant or the[Master][District Judge] and in the

manner ordered by the[Master][District Judge].

2. [all further proceedings be stayeduntil security is given].

3. [if security is not so given, therebe judgment for the defendant].”

Written evidence insupport of the application in respect of the conditions to be

satisfied as set outin rules 25.13 and 25.14 must either be set out in Part C or

referred to in Part Band served with the application notice.

A draft statement ofcosts based on costs form 1 should be filed with the

application notice.

[wonky100]

Thanks Gez

 

Let the next battle commence - Express Finance!!!

 

Left a message in the week. I just deleted it. 2 more messages were left yesterday. 1 the same as earlier in the week, please ring us re your debt and a tel no (but I've deleted these messages). The second says more specifically that your debt is due to be dealt with by our debt recovery team and to ring them on 01159081162 regards express. I've rang them - don't worry I haven't spoken to anyone! I just wanted to know for sure which company it was. It was an automated answering machine who thanked me for calling Express Finance.

 

We don't have any debt!

 

Since June of last year when the first lot of debt collectors starting knocking I've been paying Experien each month just to make sure everything is ok and it is. Will be getting a 30 day trial for hubby later just to be sure.

 

Can only assume that this is regarding the conservatory. What else could it be?

 

This is ridiculous and I promise this is one thing I am NOT going to stress over.

[gezwee]

Hi Wonky

 

Details below for EF..... can't imagine they would/could take this on tbh

 

Probably totally unrelated and someone, somewhere has entered your tel number in error.

 

May be worth having a chat with them to see what they can tell you...... 'if' it is related to this then you need to be stamping down hard on the other sides b*lls for trying it on

 

Gez

 

Licence Number:0523697

Licence Status:Current

 

Current Applicant / Licensee:

 

Business NameCompany Registration NumberExpress Finance Loans Limited4464710

 

 

Categories:

 

Consumer credit Consumer hire Credit brokerage Credit reference agency Debt adjusting/counselling Debt collecting

 

 

Right To Canvass Off Trade Premises:Yes

 

 

 

Trading Name(s) (Current):

 

Express Credit Express Finance

 

 

Issued Date: 04-Sep-2002

Expiry Date: 15-Jan-2013

 

 

 

Legal Formation:

 

Body Corporate (incorporated inside UK)

 

 

Current Individuals that run the organisation:

 

NamePositionIoannis John Adamopoulos Panayiota Adamopoulou

 

 

Historic Individuals that run the organisation:

 

NamePositionPanayiota AdamopoulosOFFICER

 

 

Nature of Business:

 

Credit Brokers

 

 

Current Address(es):

 

Address TypeAddressCorrespondenceUnit 8, Hedge End Business Centre, Botley Road, Hedge End, SOUTHAMPTON, SO30 2AU, United KingdomPrincipal Place Of BusinessUnit 8 Hedge End Business Centre, Botley Road, Hedge End, SOUTHAMPTON, SO30 2AURegistered Office3, Mallett Close, Hedge End, SOUTHAMPTON, SO30 2NH, United Kingdom

 

 

Historic Address(es):

 

Address TypeAddressPrincipal Place Of Business3, Mallett Close, Hedge End, Southampton, Hants, SO30 2NHPrincipal Place Of BusinessUnit 8 Hedge End Business Centre, Botley Road, Hedge End, SOUTHAMPTO, SO30 2AURegistered Office3, Mallett Close, Hedge End, Southampton, Hants, SO30 2NH

[wonky100]

Didn't want to ring them but have now and they've advised that they've been given an incorrect tel no, as you suspected. It was just extremely coincidental!

[gezwee]

Cool....... one less thing to think about then

[wonky100]

Just a thought. What would happen if I didn't make an application for disclosure? Don't worry, I'm going to, but was just wondering.

[gezwee]

Not a lot......... the effect of an order for disclosure is a basic 'put up or shut up' - if they don't disclose then neither party can rely on them

 

The application gives you the opportunity to have the case struck out if they fail to comply, hard to see how they can disclose docs within their particulars if they don't exist. The application should be a win/win for you - if they serve nothing, the case will be struck out, if they serve docs which show no bearing or cause for the claimant the dj will have serious questions to ask of their conduct.

 

Gez

[wonky100]

Another quick question! Who should be served my application? The claimant or Ikon or both? I'm thinking perhaps it should just be Ikon as the claimant's legal rep. Ta

[gezwee]

You file app. in court with the fee against the named party on the claim form, the court will serve the order. If Ikon are still instructed as counsel they'll be the recipient.

 

Gez

[wonky100]

Morning

 

Sorry to ask another question, but how much is it file the N244? Want to include in a summary of costs.

 

Thanks

[Ganymede]

Morning

 

Sorry to ask another question, but how much is it file the N244? Want to include in a summary of costs.

 

Thanks

 

 

£45 without a hearing, £80 with a hearing.

[wonky100]

Hello again

 

2 x applications made to the Court today and guess what? Documents turn up in the post today! However, they were only sent on 23 January 2012 as evidenced by the stamp on the envelope.

 

They have sent 6 photographs which show that the room in furnished. Well, we told them it was! They have taken the photographs, it would seem, from being in our rear garden and have therefore tresspassed. The reflection of whoever has taken the photographs can be seen in the photos!!!

 

They have sent a copy of the structural report. That criticises the structure.

 

They have sent a copy of email exchange with a website called Dooyoo which is meant to be a impartial website where you can post comments about tradesmen. It's asking Dooyoo to block my review (which they did do eventually) and if they do then they'll use them for their Christmas marketing campaign - so much for the website meant to allow impartial reviews, would seem they are open to bribes!

 

They haven't provided the contract and they haven't provided the chargeback transaction as listed in their disclosure list (plus we haven't got a copy of the mastercard transactions for the payments or the survey showing that the defects are minimal as per the particulars of their claim). I wonder why?!

 

Out of a matter of interest, does anyone know how long approx it'll be until we get an interim hearing?

 

Thanks again

[unclebulgaria67]

Don't know the exact answer, but from what I understand it can be a couple of months.

 

Just wanted to add a post to wish you the best of luck. Sounds like they have only provided partial information and some of that is not helpful to them.

[wonky100]

OMG am now home and have seen what they have sent to us.

 

They've confirmed to the Dooyoo website in writing that they've attended our home on numerous occasions to take photographs. Their email to the website organisers is full of lies, which I can prove. They've even advised in this exchange that the court manager has sent them a statement advising that the court hearing will be listed soon and "stating this. fact, (10 YEAR WARRANTY) ROOF". Not sure what all that's about but I can' imagine that the court manager will have corresponded with them other than to send them standard letters.

 

It's outrageous.

[gezwee]

Hello again

 

2 x applications made to the Court today and guess what? Documents turn up in the post today! However, they were only sent on 23 January 2012 as evidenced by the stamp on the envelope.

 

They have sent 6 photographs which show that the room in furnished. Well, we told them it was! They have taken the photographs, it would seem, from being in our rear garden and have therefore tresspassed. The reflection of whoever has taken the photographs can be seen in the photos!!!

 

They'll probably imply they were taken on completion whilst still on site

They have sent a copy of the structural report. That criticises the structure.

 

Good........ I mean good that it discloses the faults, not that it's a shed

They have sent a copy of email exchange with a website called Dooyoo which is meant to be a impartial website where you can post comments about tradesmen. It's asking Dooyoo to block my review (which they did do eventually) and if they do then they'll use them for their Christmas marketing campaign - so much for the website meant to allow impartial reviews, would seem they are open to bribes!

 

Was this in their disclosure list?

They haven't provided the contract and they haven't provided the chargeback transaction as listed in their disclosure list (plus we haven't got a copy of the mastercard transactions for the payments or the survey showing that the defects are minimal as per the particulars of their claim). I wonder why?!

 

Hmmmmmm....... I wonder, lol

Out of a matter of interest, does anyone know how long approx it'll be until we get an interim hearing?

 

Thanks again

 

Hi Wonky

 

You need to check with the court how quickly they can allocate..... they 'should' bring this forward to within a month of app date as it will impact heavily on the current orders. The court should recognise the urgency [assuming they check the case file].

 

Gez

[gezwee]

It's outrageous.

 

More like p***ing in the wind

[wonky100]

Hi Gez

 

They can't imply that the photos were taken whilst still on site as they've confirmed in their email to Dooyoo that some of them were taken as recently as the end November 2011! We had a new fence fitted end September 2011 and the new fence can be seen in one of the photos.

 

There was an email in the disclosure list but it only said email dated 16 November 2011 it didn't say who it was exchanged with. Anyhow I can prove everything they say in this email are LIES. Not sure what the relevance of this email is anyhow. They've also sent other email exchanges with Dooyoo. Not sure why, 'cause they won't be able to use it as it's not in their disclosure list.

 

I was told today at the court that we'd know when the hearing was by the end of the week, but they didn't tell me what timescale. They said if I'd put a 3 hour time slot needed then we'd be looking at June so we entered a 15 min time scale for each as hopefully this could be squeezed in.

 

Am going to ring the court about the alleged statement from the court manager and the continued harassment tomorrow.

[wonky100]

Oh, and they've copied the unlicensed debt collectors in on this email. So they're still on the scene for some reason to.

[wonky100]

Just been going through what has been sent and have noticed in the chain of emails exchanged with Dooyoo that Lakeland by the way not Conservatory 1 sent an email the 1st week of November 11, don't know the exact date as it's not shown for some reason which states:

 

"Thank you for your prompt attention to ths matter.

 

We have received a letter from XXXXXX (me) stating she has dropped her solicitor and will be defending her self in court action we have brought against her."

 

Wait for the punch line.......

 

"Our solicitors will be pleased to hear this news.."!!!!!

 

Cheeky blighters!

[gezwee]

I would suggest a tempered e-mail to Mr Kalyan inviting his client to answer some serious questions regarding both it's conduct and standing in the case.

 

Don't make it easy for them....... once you accept documents by discovery, and don't test them, the dj may believe you've acquiesced to their use.

 

Gez

[Ganymede]

Personally I think the photos and emails to dooyoo are red herrings and you should focus your attention on the other docs...

[gezwee]

Not unless it bolsters the defendants position that the claimant has no standing......... red herring, agreed that was probably the intent - but you should also consider that this is potentially damaging for the claimant.

 

If they were acknowledging correct party after filing and misleading the court it should be questioned.

 

Gez

[gezwee]

Wonky

 

Sent you a PM

 

Gez

[wonky100]

Hi Gez

 

Have done as advised. If you clear some of the stuff in your inbox I'll send you a PM later with an update!

 

PS Thanks for the morale support Uncle Bulgaria, much appreciated.