Is this a mistake or Fraud? ***WON***

[DonkeyB]

OK frettful, then it's behind you now. I'm going to edit out all refs in my previous posts, if you know what I mean, out of what little respect is due. Others may choose to do the same.

[frettful38]

No probs DB it's understandable as things are one minute up and next minute down. Thanks

[babybear39]

Sorry to hear your news fretful *hugs*

 

Have a relaxing weekened and try not to think of IT!

[legalpickle]

Good afternoon I'm back. I got to court at 1.55p.m. No sign of IT. There was a lady there who came up to me and asked if I was Mrs xxxx, she said that IT could not attend the hearing as IT's wife passed away yesterday.

 

She asked me if it was alright if we adjourned, well I didn't seem to have a choice and had to agree. We went before the judge and agreed for an adjournment. The lady told the judge that IT would need at least 40 days to grieve according to his custom and religion, and the judge said that the 1st available date after 40 days a hearing would be fixed.

 

I was very shocked, and still am as the funeral is today. So all I can do is wait now. To be honest my first thought was is this a wind up, but when we went before the judge and this lady told everything of how IT's wife died I quickly changed my mind.

I suspected that something would happen, and am guessing that this woman was there anyway and would've found another excuse for IT.

 

Whilst - since the other posts - I don't doubt (though I did have my doubts when I first read this post this evening) that IT's wife did die, I would not be surprised if IT had arranged for this person to be there anyway to try and procrastinate matters, and IT's wife's death provided the perfect excuse.

 

If I was in your shoes, I would've asked her who she was, and why she can't answer for IT. I would've then said to the District Judge something like "Madam, with all due respect to the Defendant's tragic circumstances this matter has been going on for far too long. As this matter is a small claims case, and in accordance with CPR 27.9 the Defendant is not legally obliged to be here, may I respectfully propose that Madam deal with this matter here and now, rather than further delay proceedings. I am prepared to wait 40 days for the Defendant to pay up, but further procrastinating this hearing would mean quite a bit longer than that for the monies to come to me. The Defendant has sent a representative, so there is no valid reason that I can see for her to deal with this matter on behalf of the Defendant here and now."

 

But you're not me, and didn't think of that, so we wait... AGAIN!!!!!!!!!

 

I feel a bit bad now for joking around this morning when I said I wonder what rabbit IT will pull out of the hat next. Never did I guess this was going to happen. Well we have all been anxious for this to come to a sensible end and now things are at a stand still for another 40 days.

Why feel bad? Considering the amount of rabbits IT has pulled out of the hat, I felt exactly the same way!

 

I don't want to sound insensitive or uncaring but I really do feel like screaming right now. One more thing is that why do we have to wait 40 days for another date? One or two days, a week max but 40 days that don't seem right. Before anyone tells me not to panic I am not but just very annoyed as to why after all the hard work that has been done IT gets to decide when we can and when we can't have a hearing.

I agree up to a degree. Different religions have different mourning periods. In Judaism for 7 days after the burial there is a shiva, during which hardly anything is done by the mourners. But then there is a further 23 days (which includes the first 7 days) called the shloshim during which nothing to do with the deceased assets should attended to, and is a form of mourning period but there is no reason for one not to attend a trial. Then there's a further 11 months of another period of mourning, when there is definitely no reason for one not to attend a trial.

 

So, my guess is IT has deliberately tried to obtain as long a time as possible. I doubt that the full 40 day mourning period is as strict as the first few days.

 

IT did not turn up at the last one, fair enough today is a valid excuse but nevertheless I really don't want to be sitting on my backside for another 40 days just to get back what I rightfully deserve.

I agree, but unfortunately you have no choice.

 

Sorry peeps, I am a bit wound up as I was looking forward to coming back with some good news. LP hope you can see if there is anything we can do, or do we have to wait 40 days. It's not about religion here, why should things have to wait till 40 days, where in the law does it say that. Sorry again peeps I am not too happy.

Religious customs must be respected, and that is part of the Law, but I do agree that 40 days is excessive.

 

As DB has said further on, over the Sabbath I am not online. I was extremely busy tonight, so had to deal with a few things till I could post.

 

Not at all, the judge which was the same one we had at the last hearing, was very sympathetic, and by the way for everyone's information this judge has assigned herself to be present at all my hearings regarding this case.

Excellent, though that is VERY rare in small claims. It hopefully means she has seen through IT's frivolous attempts at twisting this matter unfairly against you.

 

In fact she hardly ever gives me a second look when I am there. So that means IT should not do any business and not open his offices for 40 days either,

Though no doubt IT would come up with some reasons why IT can do that and not attend the hearing!

 

Blimey frettful, it does all happen to you!

 

Nothing you can do for now. You have, I guess, at least six or seven weeks' wait. You've done the hard work, and it's the weekend, so think of yourself and your family for now and try and get back to normal for a while.

I second that!

 

Hi DB it was someone sent by the Defendant.

See above.

 

Well I want to find out if this is true or not and until I am certain I would not put anything past IT for anything. How would you suggest I find out this information DB?

Can't say I blame you!!!!!

 

Thanks DB I will just wait and see what LP advises.

As DB states below, from Friday nightfall (bloody early in rainy mancyland!) till Saturday nightfall (actually a bit later) I am offline.

 

You won't hear from LP till the Sabbath is over.

Yup.

 

Maybe you should change your religion so you have a whole day away from computers and all things tecchie!

You'd go bonkers! I don't like it myself!

 

If this was a sudden death then surely there would be a Post mortem so how has he buried her so quick?

Even if this were a sudden death, not necessarily. Some religions don't permit a post-mortem except in extreme circumstances (and even one "religion" I can think of doesn't allow a post-mortem ever!).

 

Thanks guys I have made a few phone calls and this news is true. IT's wife did pass away yesterday. So I will have try and have a relaxing weekend. Thank you everyone for your support and help.

Dunno whether this being truthful news is better or worse than I wished on IT!!!!!

 

Apparantley she had been ill for quite some time. If I get any more news on her death over the weekend I will post up.

Don't bother - unless IT is being arrested for her murder!

 

OK frettful, then it's behind you now. I'm going to edit out all refs in my previous posts, if you know what I mean, out of what little respect is due. Others may choose to do the same.

I respect you DB for that - though I'd love to know what you had written!

 

Unfortunately (well I consider this to be fortunate, but others will probably disagree!) I can't find the heart within me (though my doctors do confirm that contrary to public opinion, I do have a heart!) to change my text above under the circumstances!

 

No probs DB it's understandable as things are one minute up and next minute down. Thanks

I haven't noticed an up here!

 

Sorry to hear your news fretful *hugs*

Aren't we all!

 

Have a relaxing weekened and try not to think of IT!

Yeah, at least you don't have to spend all of tomorrow bleeding studying!!!!!!!

[DonkeyB]

Hi LP. I edited a lot of my posts to remove advice and references to the demise of, er, Mrs IT (for want of a better phrase). Thought it reasonable and vaguely courteous, and to balance frettful's expectations (hi frettful), but I sincerely hope it didn't skew any of the 'meanings' around the other posts which may have been in response to my (deleted) posts. Hope this makes sense!

[frettful38]

Thanks DB for being thoughtful. LP I love the way you broke down each post and replied accordingly. To be honest no matter how prepared I was before the hearing I never in my wildest dreams thought that this would happen.

I arrived to the hearing 5 minutes before because the car park was full and I went with my brother and he had to park right at the top of the car park. So by the time we got down and walked 70 miles an hour we just made it.

When I got to the court there was no sign of IT and I did get happy for a minute and thought maybe he has given up and I would get judgment in my favour, but alas it was not so.

 

I have heard from a few people who know IT's wife and they have confirmed IT's wife did pass away so I have no choice but to wait. Let's see if IT open IT's office tomorrow, I bet IT will be alright to carry on business as usual but not to attend trial. Oh I am so mad and peeeed off with all of this.

 

The worst thing I was worried about attending the hearing was that I thought IT would keep bringing the 2005 case up and keep referring it to this current case. But I had everything all in order and knew what to say and would have made sure the judge knew that the 2005 case had no relevance or bearing to the current case.

 

IT had been married for 45 years, the representative at the hearing for IT was telling the judge. It is sad for anyone to lose their other half. I am not an unsympathetic person, all I want is this all to come to an end. I hope that is not too much to ask.

[legalpickle]

Thanks DB for being thoughtful.

Yeah, especially as I don't know how to be thoughtful!!!!!!!!!! Lol!!!!

LP I love the way you broke down each post and replied accordingly.

Lol! I try my best!

To be honest no matter how prepared I was before the hearing I never in my wildest dreams thought that this would happen.

Well at least you were prepared. A few months ago I had my doubts that would ever be the case. Yeah, I thought IT would pull some rabbit out of the hat, but not this one!

I arrived to the hearing 5 minutes before because the car park was full and I went with my brother and he had to park right at the top of the car park. So by the time we got down and walked 70 miles an hour we just made it.

Never a smart move. I aim to be 15-20 minutes before each hearing I go to. Worst case scenario I play a game on my mobile - rare occurrence in my busy life!

When I got to the court there was no sign of IT and I did get happy for a minute and thought maybe he has given up and I would get judgment in my favour, but alas it was not so.

Dream on!

I have heard from a few people who know IT's wife and they have confirmed IT's wife did pass away so I have no choice but to wait. Let's see if IT open IT's office tomorrow, I bet IT will be alright to carry on business as usual but not to attend trial. Oh I am so mad and peeeed off with all of this.

Can't say I blame you!

The worst thing I was worried about attending the hearing was that I thought IT would keep bringing the 2005 case up and keep referring it to this current case. But I had everything all in order and knew what to say and would have made sure the judge knew that the 2005 case had no relevance or bearing to the current case.

Don't worry!!! Just be prepared, continuously!

IT had been married for 45 years, the representative at the hearing for IT was telling the judge. It is sad for anyone to lose their other half. I am not an unsympathetic person, all I want is this all to come to an end. I hope that is not too much to ask.

I think you're overly sympathetic, but that's me - and I'm unsympathetic to things like IT!!!!

 

Nope, not too much to ask, and I sure as hell want it too!!!!!!!!!!

 

Anyway's I'm going to disappear for a while. Got craploads of studying to do as I have to submit this assignment by next Tuesday, and my Seudat Hoda'ah is a week today. Then besides for that I'm doing my first Pidyon Haben [see: ]Error in the morning of the same day, being as I'm a Kohein [Jewish priest]. That's all besides for my work which is VERY busy at the moment. And I have to start working on my company accounts next week - procrastinated long enough! - or Companies House will be demanding fines off me!

 

So till you receive the court order scheduling the new hearing, I'm disappearing. When you do, please post it up here. 40 days works out to be the day before my burpday, so hopefully the result will be a nice big burpday present to me - this thread being over would be enough!!!!!

[frettful38]

No probs LP, I will post up as soon as I get the order. Thanks for everything. Hope all goes well for you too.

[kurvaface]

wow...this is interesting. Good luck with this FF.

 

Subbing KV

[legalpickle]

wow...this is interesting. Good luck with this FF.

 

Subbing KV

In order to subscribe to a thread you don't have to post, you can go to Thread Tools at the top right of any page on the thread and subscribe from there.

[kurvaface]

Good luck with this FF.

 

Thanks...Legalpickle

 

 

I'll post as I please;)

[legalpickle]

Thanks...Legalpickle

No problemo.

 

I'll post as I please;)

Feel free! (I hope you know the meaning of "kurva" in Slovene, Slovak, Serbo-Croatian, Hungarian, Czech & Albanian !!!!!!)

[kurvaface]

Lets just say some people are better looking than others:p

[legalpickle]

Lets just say some people are better looking than others:p

:pLOL! Yeah, high-priced ones

[babybear39]

I always announce my prescence on a thread out of courtesy and for the OP to know i have an interest in it.

[kurvaface]

I always announce my prescence on a thread out of courtesy and for the OP to know i have an interest in it.

 

Exactly.

 

Now I wander what babybear is in "swahili" or "clingon":roll: and by the way, did you know that your name has a number in it that is connected to steps in a very famous book?

[babybear39]

Yes, but it was purely accidental as the number only relates to my age at the time of joining CAG not anything clever like the 39 steps

[frettful38]

Court date for next hearing has arrived. It is set for the 18th March 2010 at 2.00PM.

It also reads below which I don't understand, so hope LP you can explain please,

 

A hearing fee of £300 is payable by 29th December 2009 by the claimant unless you make an application for a fee concession. Failure to pay the fee will result in the hearing being removed from the list.

The hearing fee will be refunded in full if the court receives notice in writing at least 7 days before the hearing date, that the case is settled or discontinued.

 

£300? This only gets better, to apply for a fee concession the court will want to see evidence that I am in receipt of benefits (letter) and the letter must not be over a month.

[frettful38]

Looks like the court have given IT 97 days to grieve. That is almost double the amount of time IT's rep asked at the court.

This is really taking the xxxxxxxxxx now.

Isn't there anything I can do to bring the date forward?

[the_shadow]

Looks like the court have given IT 97 days to grieve. That is almost double the amount of time IT's rep asked at the court.

This is really taking the xxxxxxxxxx now.

Isn't there anything I can do to bring the date forward?

 

It should be the next free slot after the period the judge stated was allowable for IT so I dont think there is anything you can do about it.

 

IT has to pay up for the hearing prior to the end of the year for the hearing to take place.

 

S.

[frettful38]

Thanks shadow but the fee is payable by the claimant and I am the claimant

[the_shadow]

Thanks shadow but the fee is payable by the claimant and I am the claimant

 

Eeek, sorry threads mixed up, forgot you were taking him to court

 

bit of an unwanted xmas present I'm sure.

 

S.

[DonkeyB]

Surely you'd paid before the last hearing (which was postponed)?

[frettful38]

Surely you'd paid before the last hearing (which was postponed)?

 

I am not sure what this fee is for to be honest. I was ordered to pay costs to IT which I did, so I am not sure what this fee of £300 is for. It is not my fault the hearing was post poned so why should I need to pay costs,

[DonkeyB]

When the case first went to court, you would have had to pay a fee (sent in with your AQ, I think - I'm sure LP will put me right). I can't imagine it went to court without you paying! However, I don't think you need to pay additional fees for adjournments etc.

 

Best to call the court and ask them what it's about.