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

[legalpickle]

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

[legalpickle]

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

[legalpickle]

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.

[frettful38]

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.

 

Thank you LP I will do this right now and send off SD. Soon as I have done so I will report back, later on this evening and thanks so much for everything.

[legalpickle]

Thank you LP I will do this right now and send off SD. Soon as I have done so I will report back, later on this evening and thanks so much for everything.

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

[frettful38]

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

 

 

I will as always rest assured LP I will

[legalpickle]

I will as always rest assured LP I will

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

[frettful38]

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

 

 

That's you me and a thousand other caggers too

[The GodMother]

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.

 

 

Yep i was bored but it was good as i was laughing at the way IT and IT jnr was trying to minuplate FF.

 

FF i understand how u feel i have been ill for a few days but this thread helped a bit as it cheerd me up and i managed to clear my chest a bit.

[kurvaface]

Update!

 

I have just come from the hearing which was this afternoon. Some good news and some not so good,

 

I had an order to pay costs against the defendant in the sum of £385.00. The judge said basically because I had messed up my case and kept amending the p.o.c the defendant had to do unnecessary work. I was ordered to pay these costs within 14 days.

 

That's the bad news.

 

The judge asked the defendant for an explanation as to what the sum of 6191.80 was for. He replied that this matter had already been dealt with in 2005 and kept referring to the original proceedings in 1999.

The judge said that is not the answer to her question. Then the judge asked me how do I know that I overpaid the defendant and I showed her the evidence. She then asked the defendant again, and he said that it was his solicitors who calculated this sum.

I then told the judge that it was the defendant who expressed this sum to his solicitors and only then would he have removed his caution from my house.

The judge has given the defendant until the 23rd Sept 09 to explain what the overpayment of £3,433.20 was for, and if there is a reasonable explanation then my case will be struck out.

 

The defendant told the judge that if he discovers an overpayment has been made then he would return this money before the next hearing.

 

Although I am quite relieved it's over today but still have more to come, what I would like to say the comments of the judge were that if I did not hand the final amended particulars of claim today the judge was ready to strike out my claim on the basis of all the botch ups I made.

 

Only and only because of legalpickles advice my case was not struck out today. If I did not hand it in to the clerk to give to the judge before the hearing I would have been very very disappointed.

 

Thank you so much LP, you really saved my case. I need to know that am I entitled to claim interest on top of the overpayment?

I would imagine that the defendant will write to me and say, oh yes I am sorry and yes he has been overpaid and here is your money back, but I need to know if I can claim interest or not?

 

I know and he knows exactly what he has done, he has got a few weeks to explain why he claimed 6191.80 and if he can't then I will most likely get the overpayment back.

Such a bummer that I was ordered to pay costs. Do I need to anything now or just wait?

 

 

LP you really saved me from sinking today, and anyone who is reading this do not know how grateful I am for his help and advice.

 

LP where are you?

 

 

Is this 385 quid included in the costs?

[legalpickle]

Is this 385 quid included in the costs?

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!

[frettful38]

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!

 

When tempted to fight fire with fire, remember that the Fire Department usually uses water.

[kurvaface]

I actually ducked then...expecting a very scathing swipe from LP;)

[legalpickle]

When tempted to fight fire with fire, remember that the Fire Department usually uses water.

LOL:-D

 

I actually ducked then...expecting a very scathing swipe from LP;)

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!

[frettful38]

LP I think you have done more than enough, in fact beyond enough in helping me with my battle against IT and IT junior. I have posted off the schedule of costs as advised special delivery.

I have kept a copy for myself in my folder, one sent to the court and one sent to IT. I cannot think of any further questions that I need to ask, save that if I do get a response from IT before the hearing next week, what am I suppose to do. The only thing I can think of is that he may write an confirm that he is willing to make me a offer a few days before the hearing. I understand you will be busy, so my only question would be what should I do if IT writes and makes me an offer days before the hearing?

[legalpickle]

LP I think you have done more than enough, in fact beyond enough in helping me with my battle against IT and IT junior. I have posted off the schedule of costs as advised special delivery.

I have kept a copy for myself in my folder, one sent to the court and one sent to IT. I cannot think of any further questions that I need to ask, save that if I do get a response from IT before the hearing next week, what am I suppose to do. The only thing I can think of is that he may write an confirm that he is willing to make me a offer a few days before the hearing. I understand you will be busy, so my only question would be what should I do if IT writes and makes me an offer days before the hearing?

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.

[frettful38]

Will do LP, I have kept all copies of special delivery receipts safely. I will only contact you if it is important by pm and send you a link as you have advised. Apart from that wish me luck, and thank you from the bottom of my heart. I sincerely am very grateful for everything you have done.

 

Hopefully things will come to an end next Thusrday and I will have something to celebrate and then I will take you out for a slap up meal and drink:D

[legalpickle]

Will do LP, I have kept all copies of special delivery receipts safely. I will only contact you if it is important by pm and send you a link as you have advised. Apart from that wish me luck, and thank you from the bottom of my heart. I sincerely am very grateful for everything you have done.

You've thanked me enough for now ! Let's wait till this saga is over!

 

Hopefully things will come to an end next Thusrday and I will have something to celebrate and then I will take you out for a slap up meal and drink:D

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!!!!!!!!!!!

[frettful38]

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!!!!!!!!!!!

 

OK LP I get your point, thanks and take care.

[The GodMother]

can FF get the cost of special delivery letters back or would that only be the cost of standard postage.

[kurvaface]

Are you all set now FF?

[frettful38]

Are you all set now FF?

 

Don't think I will ever be set kurva, but I am set as best as I can which hopefully will see me through. Thanks for asking.

[Dot1]

Very good thread with a lots to learn from. It took me a few hours to go through but its a good team work. FF you have put up a good fight and well done. GOOD LUCK, we are with you.

LP keep up the good work. We need more members you. Well done.

 

Dot

[frettful38]

Very good thread with a lots to learn from. It took me a few hours to go through but its a good team work. FF you have put up a good fight and well done. GOOD LUCK, we are with you.

LP keep up the good work. We need more members you. Well done.

 

Dot

 

 

Thank you Dot1 for the words of support, much appreciated, and yes LP has done an excellent job in helping and I agree we need more members like him but doubt they would match his standards;)

[The GodMother]

FF. In case i forget due to other things good luck for thursday.