I think you mean "as it has NOT been 6 years yet". Solicitors are bound by law to keep files for NINE years, as that's the statute of limitations on professional negligence. Possibly but such a case would be VERY expensive to run and would require a Solicitor to lodge an appeal. Personally I wouldn't bother (unless you win the lottery and have unlimited funds to run such a case). It starts with such small victories. Let's hope IT & IT's son are on a losing streak now! And IT will have no chance, because that was settled. Whilst you may have a claim that you were under undue influence, IT would not have such a claim. Also had you referred to IT's behaviour in other matters in the court, the District Judge would have been obligated to strike those statements out and it would have guaranteed IT the right to appeal solely on that basis. I would recommend against this till this is all over. Sorry to hear. Hope she gets better soon. See Estoppel - Wikipedia, the free encyclopedia Basically IT's son was trying to state that your payment prevented you from claiming it back. The reasons that was struck out were twofold: 1) It was never raised in a defence in this claim. A defence cannot be raised for the first time in the hearing. 2) It was clear that you were intimidated into paying it in the first place. In my opinion the claim of estoppel might have been the only defence that would mean anything in this claim. Whilst I believe you would have still succeeded in your claim, the defence of estoppel would have been the only possibly remotely valid part of a defence in this claim; and if an appeal is lodged is likely to be the basis of it. Me too. Unfortunately I have to agree here. As usual it's the waiting game! Very well explained, but to clarify: The Defendant would be relying on 'estoppel by convention' - see: Estoppel by Convention | London Litigation & disputes law firm describes estoppel by convention - however frettful38 would be able to argue intimidation, and lack of agreement (i.e. lack of estoppel) due to the disputes raised almost immediately after payment. Can be very complicated, but in practical terms is simple. Estoppel in such a case can be very hard to fight though. I have used estoppel with success on a few occasions. It's a very hard to fight argument though. So true! Amen! Amen! That's slightly different from what Mr. Lex was pointing to but would be an easier estoppel to claim.

twofoot, If you read the posts you will notice that even when permission to appeal is refused, a request can still be lodged with the higher court. The way all permissions to appeal work is that a request is made with the judge hearing the case. That judge will only grant leave to appeal if he/she feels there are issues of public importance or it may requre a higher court to delve deeper into complex issues. Even if permission to appeal is refused - detailing the grounds, the request is lodged with the higher court, and then a higher judge goes through it and either hears it & then makes a decision on if to hear an appeal or not; rejects it outright; or accepts that there may be grounds for appeal and schedules an appeal hearing. The exact routes to appeal a small claims verdict I am unsure of though.

You must be a real bored sod:p

Excellent! Now we wait! Let us know when you get the court order, and when you either get a cheque or a Notice of Appeal (or whatever it's called) from IT. If you get a cheque, photocopy it, and then deposit it into your account. Only 6 working days later (whether it clears before or not) is this finally over, as only that stage can it not be taken back out of your account. An Appeal can be lodged within 28 days I believe. Maybe somebody else has time to check into the rules of Appeal from small claims decisions (part one of requesting from the presiding district judge is dispensed with) and could post it up here?

Not in itself a definition of unreasonable behaviour unfortunately. A long delay was your fault unfortunately. HOW MUCH??? Ta! After 37 pages! About bloody time too!

About bloody time too! How much exactly? I sincerely hope it's over though! Sorry for being the pessimist, but this isn't over till the money's cleared in frettful38's account. True! Requested. Sorry to put a dampener on celebrations, but not over yet! Yup! I'm sure IT's face turned into kurva:p We mean EVERY gory detail frettful38! You haven't even written the amount! Was interest given? Total amount is? Whilst right to appeal has been refused that doesn't mean much. They can still lodge an appeal which can take a while to deal with. It's not over till you have the cleared funds! So keep the folder and everything, don't go out to spend all the money just yet! Have a small booze as today was a good result, bringing you a few steps closer to justice; but till funds are clear in your account, it ain't over! Doubt it! IT's fiery anger would have probably killed you - literally! I'd have loved to be there to fight the costs for you! Technically unlawful & unreasonable are not one and the same. Judicially that isn't a contradiction, though I think I would've got some costs against IT had I been there. One way of putting it I ain't popping the corkscrew yet, but WELL DONE frettful38! Before I get onto other things tonight, what's the amount IT was ordered to pay you?

I've said I will when I can.

I am really much too busy to go through this again at the moment!

Thanx DB! I'll be online but will only be assisting with urgent issues that arise on threads I am currently helping with!

How could I? Did you read my posts? If you did you know what you have to do - start a new thread regarding the loss of earnings linking to this thread. But I'm not going to be able to help till June at the earliest. It's Passover in 2 weeks and I'm going on holiday - for the first time in almost 4 years 3 weeks after Passover till the end of May. And I have craploads of work and studying to do before then.

Great.

Good.

You've thanked me enough for now ! Let's wait till this saga is over! Amen! Any "payment" must be approved by the CAG mods and be Kosher (in both senses of the word). Anything would be muchas gracias but is unnecessary. I did not do this with the intent of any payment of any form. BLOODY GOOD LUCK!!!!!!!!!!!

Make sure to keep copies of the cover letters inside your folder too. In such a case post up here, AND PM me with the subject "URGENT: OFFER MADE BY IT" and I will do my absolute utmost to come here to look at it. Post a direct link to the relevant post in the thread, because I may be accessing the net on my mobile which is considerably slower. But please, ONLY PM me if an URGENT matter has arisen, and post the details on the thread NOT in the PM. Just a summary should be in the PM with a DIRECT link to the post (or at minimum page) with the URGENT issue that has arisen. Also keep copies of Special Delivery receipts.

LOL:-D LOL;) Ok frettful38, here goes the prep for the hearing. But before I do: I'm EXTREMELY busy at the moment! Please gather your thoughts together TODAY and post ANY questions you have TONIGHT before 7pm, and I'll do my utmost to respond tonight - same goes for anybody else who has questions or advice that might assist frettful38 - as beyond then I seriously doubt I'll be able to respond before the hearing. I know the hearing isn't till a week tomorrow, but I won't be available for most of the next week, so please do your utmost to raise ANY queries TONIGHT! In the morning of the day of the hearing, relax! Do whatever it takes; booze, food, anything! Just don't go ****ed ! If IT or IT's son approaches you in court, refuse to speak to them but POLITELY! If the clerk says that the hearing has been adjourned for whatever reason, POLITELY insist that you go before a Judge to object. If necessary, POLITELY speak to the court manager, customer services manager or senior listings clerk (otherwise called head of district judge's listings section or head of dj listings section). You might want to call in around 11:30am on the day to make sure the hearing is going ahead. Speak to DJ Listings when checking this. BE FIRM, BUT POLITE AT ALL TIMES!!!!!! REVIEW THE WHOLE FILE, AND HAVE ALL PAPERS IN ORDER BEFORE YOU GO!!!!!!!!! There is nothing more I can add to this lengthy thread of 35 pages bar to say: BLOODY GOOD LUCK, WE'RE ALL ROOTING FOR YOU!!!!!!!! If I could be there I would, but my schedule unfortunately doesn't permit. Now back to studying! Ugh!

Can't be! It was due to the OP's incompetence that this costs order was made, it can't be claimed back now! Doesn't work that way!

Soz, but I won't "rest assured" till this nightmare is over!

Just make sure YOU FOLLOW MY INSTRUCTIONS TO THE LETTER!!!!!!!!!

Almost forgot. Attach a copy of the letter sent to IT & IT's son re: settlement to the back of the bundle. Please advise when dealt with and dispatched.

Ok. Cover letters now. Fill in the details and replace the '...' with the correct details as well as your name at the end of each letter. Print on your own letterhead, TWO copies of each. Sign all copies. One of each goes into your folder. One for the court goes with one bundle of the Schedule of Costs, as does one copy for IT. Envelope and address them both and send SPECIAL Delivery TODAY. 1) Court: The Court Manager, Aylesbury County Court, court address... 10th March 2010 Dear Sirs, Re: Claim No.: .... Claimant: .... Defendant: .... Hearing: 18th March 2010 at 14:00hrs I write further to the aforementioned matter in which I am the Claimant. Please find enclosed my Schedule of Costs for the aforementioned hearing. Please ensure that it is placed on the court file sufficient time prior to the hearing. I can confirm that the same has been sent to the Defendant by Special Delivery today. Sincerely, Mrs. Fretting Always - Claimant 2) IT: IT, IT's address, Border of hell (LOL!) 10th March 2010 Dear Sir, WITHOUT PREJUDICE, SAVE AS TO COSTS Re: Claim No.: .... Claimant: .... Defendant: .... Hearing: 18th March 2010 at 14:00hrs I write further to the aforementioned matter in which I am the Claimant. Please find enclosed my Schedule of Costs for the aforementioned hearing. I reiterate that you are welcome to settle this matter right the way up to the hearing, in writing , otherwise I will also seek costs pursuant to CPR 27.14(2)(g). I reserve the right to show this letter to the court when seeking costs. Sincerely, Mrs. Fretting Always - Claimant

Hi frettful38, I have uploaded the proposed Schedule of Costs for your hearing on 18th March 2010 at 2pm. Save it on your computer and do the following. 1) Top right of Page 1. Replace the '...' with the Claim Number. 2) Replace the '...' centred above Claimant and below Between with your full name in CAPITALS. 3) Replace the '...' centred above Defendant and below -And- with IT's full name in CAPITALS. 4) Replace the '...' before '- Claimant' on the last line in the second page with your full name (not in capitals, but as you would normally write it, for example: Miss. Fretting Always) Save it. Print 3 copies. Sign each copy. One copy goes into your folder. Next post will deal with cover letters. scheduleofcostsnewhearing.rtf

frettful38, You misread my posts above - which are now sorted. The date I was unsure about was the previous hearing, not the 18th March one which I know of. But surprise has confirmed the previous hearing for me and pointed me to the page where I double checked it, so that's sorted. I don't think it would be possible for everybody who has been on this thread to seek costs; there is no legal obligation for people to be on the thread; but was a nice idea. Will be back shortly with the Schedule of Costs. Great idea - frettful38, want to sell tickets to the hearing? So would I! 34 pages!!!!!!!!

frettful38, All's ready. I will upload it and go through it with you when you are ready. The sooner the better please. I want you to send it off with a short cover letter to IT & the court tomorrow (10th March 2010) by SPECIAL Delivery so that it arrives exactly 1 week before the scheduled hearing. Let me know when you're available, legalpickle

Hi Boy, you must be bored if you had the patience to rid through this movie script! I trust you, but I have a feeling I am older inside; I think I had the insides of a 60yr old placed into a 29yr old's body I second that. Thanks and seconded! At least you're prepared for it to not happen. Pickled cucumber I hope Lol I am not an ex-military commander, nope. I was in the IDF but only for basic training in artillery. And my training is VERY different from military training! Trust me! Thanks kurvaface! Amen! Exactly! frettful38, you better stick to your guns on this one. If they adjourn ask for costs, including travel costs and your time, and if the District Judge insists on an adjournment, insist - respectfully - on the District Judge making it the last adjournment, and refusing any further adjournments for the Defendant considering this would be the 3rd. No need. If there's any attempt at adjournment all you state is the following: Sir (or Madam, if it's a female District Judge), This matter has been in the court system for more than a year. The hearing on 29th September 2009 was vacated at the last minute - but the matter could have been disposed of then. Again on 4th December 2009 the hearing was vacated, despite the matter being on the small claims track and the Defendant not being obliged to attend. I admit that some of the problems were unfortunately my fault, but these have been rectified in August 2009, thus the Defendant has had substantial time to prepare as many documents as necessary to defend this claim, which they clearly cannot do. Further delaying this hearing would be contrary to the overriding objective and unfair on myself. I would therefore respectfully request of the court to ensure that this hearing is the last hearing in this matter and seek Judgment against the Defendant. Ta. Yup, you're right.

Thanks surprise, but are you sure? For some reason I have it as 29th December which doesn't make sense. If you have a few mins to find the post those hearing documents were in (I saved over them by accident) and advise me of the page number, it would be muchas gracias!