Marlin/Mortimer CCJ HFC Marbles Card - Set Aside Help **WON plus Costs**

[Spamalot]

Hi FG... you are a lifesaver..

 

I have prepared the above for submission to the court today and have emailed a copy to MC... I will also send it special delivery to them later today... I could fax it too but d'ya think that would be overkill?..

 

Thanks again for your help..

 

Spam.

[foolishgirl]

 

I have prepared the above for submission to the court today and have emailed a copy to MC... I will also send it special delivery to them later today... I could fax it too but d'ya think that would be overkill?..

 

 

Overkill - fax or email but if you really want to kill 'em send both.

I would prefer fax 'cos you can print a proof of successful transmission from your machine. And make sure you print it ;-) If you've already sent email, make sure you print a copy out with the date & time showing.

Edited February 22, 2010 by foolishgirl
addition

[Spamalot]

Mini Update...

 

MC received and signed for their 'hard copy' of my witness statement yesterday morning.. hopefully 3 days is long enough for them to read 2 sheets of paper, bearing in mind they all share a brain cell as well as a phone in the office at Marlin...

 

Next question... what do I need to take with me on Friday?

 

I have their witness statement and my reply... the exhibits from 'MC' I didn't 'exhibit' them myself as they were exactly the same items.. i.e default notice and application form...

 

Should I take any copies of letters received since the set aside application and the new default notice or would they be inadmissable due to not being exhibited?

 

Also do I need a schedule of costs or anything... sorry to appear dumb but as it's not a trial I'm a bit lost as to what I need to prepare..

 

Thanks..

Spam.

[foolishgirl]

Take EVERYTHING, spam!! If you don't you are almost sure to need the bit of paper you left at home.

 

I also usually take my laptop with all the acts, case laws, CPR etc so you can refer to anything that may come up that you are unsure of. (if you look at Clynite's recent post, he (& the gullible DJ:mad:) was thrown off by a wily barrister referring, seeming erroneously, to a CPR of which he didn't have a copy with him)

 

Try & index easily all the stuff you may need to refer to eg. with stickies sticking out the side & use highlighter on the clauses you may want to read out.

 

This post by BRW is excellent:

http://www.consumeractiongroup.co.uk/forum/show-post/post-2171582.html

 

IMO wouldn't worry too much about the costs issue at this stage. If you get your application granted, I think I would just roll into the case costs.

 

Good luck - may the god of good DJs shine on you...

Edited February 24, 2010 by foolishgirl
Addition

[texanbar]

Good luck Spammie

x:)x

[caro]

Good advice from foolishgirl spam. It doesn't matter if you take things you don't need, but if you don't take one thing you can guarantee that will be the one thing that you need.

 

This is as important as any other hearing if you want the opportunity to defend yourself.

 

Will be thinking of you and have everything crossed.

[humbleman]

good luck Spam

[Spamalot]

Okey Dokey.... result of todays hearing.. ... bit of a mixed bag really but on the whole I think it went in my favour and am pleased with the result..

 

The DJ rejected my application to have the NOD set aside as he said it wasn't an abuse of process and that was what he was looking for when making his decision. He agreed that Marlins claim was fatally flawed and that basically they would lose if the claim went ahead.

 

I have to say a big thank you at this stage for my Mckenzie Friend 'MTM' who successfully argued for an award of just under £500 costs in my favour and also that Marlin must bear their own ...

 

He also persuaded the DJ to insist that Marlin were not to bring any further action against me until they'd paid my costs in full....

 

So there we are... Marlin have the choice now to either play nice, pay up and forget about hounding me further in a case they can never hope to win, or throw good money after bad knowing that next time I will be fully prepared with my army of caggers supporting and advising me along the way..

 

Thanks again to everyone who has played a part in helping me through this ordeal but the hugest thanks of all go to Foolishgirl who has been there every step of the way for best part of almost a year!! And more recently MilkTrayMan (MTM) for his support in the court room when my knees were knocking and for insisting I took a full breakdown of my costs with me..

 

Spam...

Edited February 26, 2010 by Spamalot
spellinge

[Gallahad]

Hi Spam, sounds like a good result to me well done and bravo the CAG team:)

Edited February 26, 2010 by Gallahad

[vjohn82]

Great news. Well done spamalot

[robcag]

Hi Spam

 

I'm really pleased for you that you got a half-decent swipe at M/P/MC and at least got some costs awarded as pay-back.

 

You deserve at least that much after all your hard work and doggedness (is that the right word?).

 

Okey Dokey.... result of todays hearing.. ... bit of a mixed bag really but on the whole I think it went in my favour and am pleased with result..

 

The DJ rejected my application to have the NOD set aside as he said it wasn't an abuse of process and that was what he was looking for when making his decision. He agreed that Marlins claim was fatally flawed and that basically they would lose if the claim went ahead. Which I guess would be an abuse of process

 

I have to say a big thank you at this stage for my Mckenzie Friend 'MTM' who successfully argued for an award of just under £500 costs in my favour and also that Marlin must bear their own ...

 

He also persuaded the DJ to insist that Marlin were not to bring any further action against me until they'd paid my costs in full....

 

So there we are... Marlin have the choice now to either play nice, pay up and forget about hounding me further in a case thay can never hope to win, or throw good money after bad knowing that next time I will be fully prepared with my army of caggers supporting and advising me along the way.. and more costs to come your way if they are silly enough to try again

 

Thanks again to everyone who has played a part in helping me through this ordeal but the hugest thanks of all go to Foolishgirl who has been there every step of the way for best part of almost a year!! And more recently MilkTrayMan (MTM) for his support in the court room when my knees were knocking and for insisting I took a full breakdown of my costs with me..

 

Spam...

 

And congratulations to MTM in his successful supporting role!

 

Cheers

Rob

[foolishgirl]

Excellent result spam. And you hurt their pockets into the bargain - well done MTM!!

 

Hope you got yourselves a couple of glasses of champagne on it...

 

At least now you can rest easy knowing that Marlins really would have to be complete idiots if they ever started against you again; suspect your file is already in their trash. :)

[Jeff2000]

Hi Spam,

 

 

Well done!!!

 

I may need to pick your brains at some point in the future regarding Marlin/Phoenix et al!

 

But I'll cross that bridge if and when I come to it.

 

In the meantime, have a well earned relaxing weekend.

 

 

Best wishes, Jeff.

[Jan4a]

Well Done Spammie and everyone who helped you. Really pleased for you.

 

Great that MilkTrayMan came with you, nice to hear he's still fighting the fight .... and winning

[caro]

Well done Spam. Sounds like a decent result to me.

 

I don't need to tell you that MilkTrayMan has been a tremendous support to many people, so no surprise that he was there for you today.

 

Hope there are plentiful supplies of Newky Brown on ice.

[caro]

Well Done Spammie and everyone who helped you. Really pleased for you.

 

Great that MilkTrayMan came with you, nice to hear he's still fighting the fight .... and winning

 

Couldn't agree more Jan. I can't think of anyone who has been more dedicated in supporting the "liccle peeps" in their hour of need.

[Craftygirl42]

Well done Spam x

[determindator]

This is fabulous news Spam. I'm so glad for you and you found the Knight in shining armour MTM.

 

MTM was my MF and he ensured the costs were negligible, no costs awarded to the claimant.

 

Time for you to have a chill now and i've added my name to the Manchester meet so see you there.

 

Champers Hoorah!

 

X

[texanbar]

That's brilliant news. Well done Spammie and MTM.

 

x:)x

[AndyOrch]

Delighted Spam only just caught up on your thread;)

 

Regards

 

Andy

[ukaviator]

Well done Spam and MTM amongst others. .

 

Thread title changed and moved as requested.

[Spamalot]

Thanks UK..

[ja-de]

Well done Spammie, & MTM, you both deserve a drink for this result..

It's really nice to know that MTM is still there for all us peeps who need his help!!

[means2anend]

subbing

[patrickq1]

subbin an well done spam and mtm an fg for superb work

patrickq1