Help Needed for Court Case. Claimant ignoring Directions and Witness Statement needed by Friday

[The GodMother]

She has not been on since beging of august.

[Undercover-Elsa]

Tried to PM her but the inbox is full.

C'mon DD we're worried about you!

 

Hugs,

Elsa xx

[The GodMother]

Maybe a mod could email her.

[Undercover-Elsa]

I'll mention it it CitizenB

xx

[lexis200]

Any news on DD anyone??

[Desperate Daniella]

Hi all,

 

Thank you all so much for your concern. I'm so sorry to have worried you. And, really, I'm just so moved that you have cared. I love you too! And I feel really guilty. I didn't realize how long I'd been away. I thought it was about three weeks.

 

I've just been dealing with so much stuff over the past few weeks so haven't been on, and only just realized that the email alerts from CAG have been going into junk. As Elsa will know, I am not that computer literate and I tried to reset my security settings as I was getting so much spam and consigned a lot of people into junk, including some cross clients. I think I have sorted it now.

 

We had a family wedding with all sorts of last minute dramas which took up most of August and the first part of September (really I could write a book on that alone - I'd already told Lexis a bit about the bridegroom!!!), and then it's been back to school, and trying to juggle all sorts of other stuff (lack of money) too. My life hasn't been my own at all. Now my daughter's back at school it's finally a bit calmer.

 

Before I update this thread, must tell you that this morning I received someone else's statements from Moorcroft. Unfortunately I cannot get hold of the person in question as they are either ex-Directory or not on a landline, so will have to write. Obviously I want to see if they were sent mine, as theirs arrived in a handwritten envelope. If they did I know I can complain to the ICO, but does anyone know if they actually do get fined or punished in some way? That would be good!

 

My case is still dragging on. I'm about to make another offer, but I haven't even had a chance to deal with this.

 

After the eighth time of asking I finally got the details of Client 4. As I expected it is the man that she told me several times had not instructed us, and she also added a Clause in the agreement which meant that she would be paid regardless of whether she achieved anything or not. It's clearly an unfair contract term, but Mr S was a vulnerable individual who clearly didn't take legal advice before he signed it. Despite the fact that she sat on her fat backside and did buggerall he still paid her almost £5,000, and she knew as soon as he agreed this, the day before she threw me out, that this money would be coming in. What a B**ch!

 

As I think I mentioned before, when this money came to light, her solicitor said it had nothing to do with me because it was an 'ex gratia' payment. This is clearly a lie too. The money became due under the Clause she had put in the agreement.

 

They wanted to go to mediation without disclosing the Client 4 info, as you know, but frankly I can't see the point, so I'm going to repeat my offer and see what they come back with. This revelation shows her up for a grasping, lazy cheat, taking money for nothing from a vulnerable person, so I don't think that any normal person would like this all to come out in front of a judge, but as we all know she is mad.

 

I think this new page layout is weird.

 

Big hugs to all.

 

Lots of love,

 

DDxxxxxxxxx

[lexis200]

So pleased to see you're ok DD and that it's nothing too drastic that's kept you away! I've had times when I think I've been off for a week and then realised the entire school holidays have gone by:D

 

Hope the wedding was good despite the drama (and was the cake nice?), and thank goodness you've finally got an answer from them regarding the client - good to see that you're still fighting on.

 

Take care

 

Lexis xxx

[Undercover-Elsa]

Ditto to Lexis..

 

There's been so many ooings and dooings on here lately quite a few peeps have disappeared so I'm glad you're ok and ain't one of them, DD.

Site might look different but hey...new smileys!!!

 

[Desperate Daniella]

Hi Lexis, Hi Elsa,

 

Thank you both.

 

I just don't know where the time went. Combination of the school holidays and the wedding. I really didn't realize I'd been gone for six weeks. Love the new smilies too.

 

The cake wasn't half as good as the one you would have done, Lexis, but I've already told you what happened there in the pm.

 

Forgot to say above that when she finally sent the info she only sent the second page of the 'agreement' which was okay because it's shown what she did, but of course I wanted to see what else she'd done so said I required the first page, which then was sent as a sideways-on email attachment, which didn't look right - how many of these bank agreements have we all looked at?

 

I finally got a hard copy of the alleged front page - but it isn't, because the font size is different. Yet another attempt at avoidance and subterfuge to be pointed out to the the court - if we go there.

 

xx

[DonkeyB]

Glad you're being so forensic, DD. Don't be afraid to ask them very simple, damning questions like 'please explain why the second page is in a different font to the first'. Let them know you will not be hoodwinked. A judge may not be so observant or may simply not be bothered.

 

In my case, I know when my opponent is lying... I get a letter from his solicitor!

[Desperate Daniella]

Hi DB,

 

Oh dear! I haven't asked her solicitor to explain - I've just told him it clearly isn't the front page!!!!!! And told him to send the real one.

 

The to**er actually said about three letters ago that they were only supplying the info because my constant demands for it and the resulting correspondence has long ceased to be cost-effective. Why didn't the to**er send it at the first time of asking then, rather than arguing about it for over six months?

 

DDxx

[Undercover-Elsa]

LOL if they'd supplied it when asked it would have saved half a rain forest!

 

Hey White Charger! Good to see you too..thought you'd fallen off a turret!

[Desperate Daniella]

Hi everyone,

 

Can't believe it is so long since I last updated this thread, and I've been quiet on the forum because I have been firefighting on so many fronts, and dealing with so much bloody rubbish which I won't go into here.

 

This situation has still not been resolved. I will give a full update at the end of it, but we didn't go to Court in November. Her solicitor called me and suggested we adjourn and try to make a settlement, and I reluctantly agreed. She is now demanding £20,000 and wanted a Tomlin Order to say she could have a charge on my home. I went right through the whole file and she makes one statement (which is the truth) and then obviously she's forgotten that she made it because she makes so many other statements which contradict it. In fact the number of contradictions, misleading statements, and untrue statements she makes is absolutely incredible. I've just pointed out to her lawyer that a Statement of Truth is just that, and she will have to explain under cross-examination how she can say two totally different and opposite statements are true. Honestly, even he must know she is lying.

 

So, nothing of interest to report yet.

 

Hope you are all okay and coping with all your situations too.

 

Love,

 

DDxx

[cymruambyth]

Hi DD

Nice to see you back around, I had noticed a couple of posts recently. I am sorry to hear that this is still ongoing, I wonder how much her solicitirs are charging .......... either she is over-riding their advice or they see her as a cash cow!!!

[DonkeyB]

She is demanding money from you? On what grounds?

 

While her demands might seem silly and random, make sure you contest and refute every allegation and demand with evidence, as you appear to be doing.

 

Then watch her squirm even more.

[Desperate Daniella]

Hi Cymruambyth,

 

I'm going through all my subscribed threads to see what is happening with everyone else. Apart from anything else I had major problems with my internet access, email, etc., but everything is finally up and running.

 

How are you?

 

In answer to your question, she ran up thousands in costs by refusing to provide documents which I was clearly entitled to as they related to the time when I was a Director of the company. This was because they proved beyond doubt that she was lying to me at the time. They finally provided them when her solicitor said it was not economically sensible to continue the correspondence about them, but they could have provided them at the first time of asking. The same thing happened over providing the bank statements because these proved she had not told the truth in her first Witness Statement. Now of course she has these exorbitant costs and expects me to pay for them.

 

The funniest thing was that when we exchanged Witness Statements in November hers stated that she had removed me because the clients hadn't liked me and had preferred working with her. Unfortunately with my own Witness Statement I provided Witness Statements from the clients in question saying that I had done all the work, and she had done bugger all!!!!!! Obviously she wouldn't have been expecting that! But, despite this, and countless copy letters, emails, etc., proving exactly what I did, she is still saying I should be paid nothing for all my work. The problem is that she has loads of money. A normal person wouldn't keep paying out thousands of pounds because they couldn't afford to.

 

The judge said at the Hearing in 2009 that she strongly recommended this matter be settled through mediation, and I have always offered to negotiate. After all, I have a counterclaim against her too which they completely ignore. She and her solicitor though are determined that it is a winner takes all situation and they keep saying they will win their case. I reckon we can discredit 75% or more of the statements she has made because she contradicts so many of them herself, and the statement I mentioned in the post above is an absolute whammy. Counsel will be able to lead her through all the statements relating to the issue and then say, "but here you say ...." and it's totally unanswerable. The problem with lying is that you have to be very, very clever to remember what you have said, and that's why so many of her statements are contradictory. Add to this all the little inaccuracies she has thrown in to exaggerate her claim and which are totally able to be discredited too, and I do think the judge will prefer my version of events.

 

Anyway, I've pointed all of this out to her solicitor, obviously without revealing what the whammy is but telling him I am sure he must be aware of it, so we'll wait and see what happens next. If it goes to Court she'll have to shell out a lot more money, but who knows? I get the impression from speaking to her solicitor that he doesn't think it's a good idea either. But she's very rich ......

 

Love,

DDxx

[Desperate Daniella]

Hi DonkeyB,

 

The grounds are wishful thinking!

 

The solicitor keeps sending letters telling me how I can pay off the "debt of £20,000". I don't have a debt. She has made a claim. I have made a counterclaim.

 

What is happening with your case?

 

DDx

[DonkeyB]

It’s still going on. Plenty of fibs abounding. I still have my recording of the admissions however.... and they still aren’t aware (and don’t need to be yet).

[Desperate Daniella]

The other problem is that they completely ignore the evidence. She actually let me drive all over the place doing work for a client on the day after she had removed me as a Director because she hadn't told me what she had done (obviously), and we have proved that from emails. They have had the Witness Statements from the clients saying how much I did. They just ignore the lot.

[Desperate Daniella]

Well, the recording is your whammy, isn't it? You're obviously doing the same as I am. Give them enough rope and they'll (hopefully) hang themselves.

[DonkeyB]

The other problem is that they completely ignore the evidence. She actually let me drive all over the place doing work for a client on the day after she had removed me as a Director because she hadn't told me what she had done (obviously), and we have proved that from emails. They have had the Witness Statements from the clients saying how much I did. They just ignore the lot.

 

Sure we’ve done this, but I think it’s an offence to remove a director in such circumstances. One director cannot remove another unilaterally, especially not without informing them.

[Undercover-Elsa]

Well I never..DD as I live and breath!

How the hell ARE you honey?

 

Nice to see some of the old crowd together again!

Waves to DonkeyB...have they pinned your tail back on yet Db?

 

Elsa x

[Desperate Daniella]

It is, DonkeyB, but she and her lawyer just ignored that too!

[Desperate Daniella]

Hi Elsa,

 

How are you?

 

I just got hit by so much last year, on top of this case, and it was almost total meltdown. You can think you can rely on people, but you can't. My accountant screwed up my business bigtime. Total bloody nightmare, and I just wasn't around because I was running around in a state of shock. So that's why I wasn't on the forum. I was just overloaded. Slight improvement although I'm not out of the woods yet.

 

Are you well|? How are your cases going? I'm going through my threads bit by bit but I know I lost some alerts with all the computer problems.

 

Love,

 

DDxx

[DonkeyB]

Have you considered issuing a notice to admit facts?