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

[Undercover-Elsa]

Hi DD

Happy New Year honey, not been around much lately as not been too well but up and at 'em again in the New Year!

Hope you had a lovely Christmas, look forward to more laughs, friendship and kicking beeeatch ass in 2010

Your friend,

Elsa xxxx

[The GodMother]

seconded elsas comments

[Desperate Daniella]

Thank you everyone, and like you all looking forward to more laughs and friendship and kicking **** this year.

 

So sorry you have been unwell Elsa and hope you are now truly on the mend.

 

DDxx

[The GodMother]

hows the case going now DD?

[Desperate Daniella]

Hi GM,

 

Sorry, I missed your post.

 

Got all the stuff to the barrister and I'm having my conference with him on Friday. Please God, don't let it snow.

 

DDxx

[pedross]

Good for you.

 

Best of luck you will get there in the end.

[angel_1]

hiya daniela

 

happy new year and to all too

 

sorry not been around lately just back now on a course for 3 days but firing ahead at the weekend to catch up with you all

 

good luck and will say a little prayer for you keep positive

 

hugs angel x:)

[Desperate Daniella]

Hi pedross and angel,

 

Thank you.

 

Happy New Year to you both, and hope that all is calm for you both at the moment?

 

DDxx

[Desperate Daniella]

Hi all,

 

Got my (Amended) Defence and Counterclaim from the barrister this morning and I think he's done a great job, concentrating a lot on the IOUs and how the money was used, and so on. She provided the money, as she had agreed, when specific (of my) business bills came in, so she should be claiming from my business, not me. I took time away from my business to concentrate on what I believed was half my business with her.

 

Also, the misrepresentation on getting me to work for her having lied about the company set up and shareholdings, and the estoppel, and the Quantum Meruit, although we'll actually be moving on from that to Restitution. It's not over yet, but I'll be filing it all with the Court next week.

 

Thank you all so much for your help here. My Defence was very muddled and did need sorting out, but the really wonderful thing that happened here on this thread was that you all kept me going, providing the info above, and giving me the confidence to go for the strike out. I have learned so much about Company Law, QMeruit, Estoppel, etc., all thanks to you.

 

When I started this thread I got very little response and was in despair, and then you all came in and helped me so much. When I was down you cheered me up and made me laugh. When I was absolutely hysterical you calmed me down.

 

My friends helping to pay for the barrister was an amazing thing to happen at the last minute and thank God I was able to tell the judge I could go ahead, finally, with a counterclaim, and she agreed to that just 10 days before the trial date. I am sure her solicitor thought the strike out wouldn't be allowed, and I am sure he was not expecting a counterclaim, as she would have been depending on my not being able to afford proper representation.

 

We'll see what her response is. I hope she's having a lousy weekend, knowing that the counterclaim will come in on Monday.

 

I know that this particular case isn't the norm for the forum, but really you all helped me so much. You're wonderful.

 

I'll keep you posted, but thank you, thank you, thank you ....

 

DDxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

[cymruambyth]

Great news, I'm glad the new year is starting better than the old one was ending!

This site is great because it is self help, the help doesn't have to be legal advice, it's often about having people to bounce ideas off or just to step away and view things without emotion.

Good luck.

[the_shadow]

Great news, I'm glad the new year is starting better than the old one was ending!

This site is great because it is self help, the help doesn't have to be legal advice, it's often about having people to bounce ideas off or just to step away and view things without emotion.

Good luck.

 

Seconded.

 

Well done DD for coming so far.

 

S.

[Desperate Daniella]

Thank you.

 

She has to reply by mid February. I'll keep you posted.

 

DDxx

[pedross]

This is good news. I think the moral of the story applies to all of us. If you give up you never know what the end result would have been. It all works out in the end and you just have to make sure you stay in it until then.

 

Pedross

[The GodMother]

Just dropping in to say well done and keep up the good work.

[Undercover-Elsa]

Ditto!

Proud of you gal

 

Elsa xx

[Desperate Daniella]

Hi all,

 

Thank you. We'll see what February brings.

 

DDxx

[lexis200]

Hey DD

 

Been off for a long while but so pleased to see you have managed to get hold of a decent barrister!!

 

Let's hope your 'friend' slinks off like the cowardly bully she clearly is once she sees you have legal help.

 

Lexis xx

[Desperate Daniella]

Hi Lexis,

 

Thank you.

 

Hope all is well with you?

 

I hope she'll slink off too, but her position is that all the work I did for "her" company isn't relevant, as you know.

 

I hand delivered the Defence and Counterclaim to her solicitor, so we'll see what they say next. The problem is that the solicitor will know she's got loads of money so may encourage her to go forward, or she may decide that as she's spent so much money already she'll continue. Now it's a counterclaim though all my work will have to be considered, and I will be able to get hold of the bank statements for "her" company. She will absolutely not want to disclose those because if as I suspect she has done little, if anything, since I left, it just goes to show that I was the person doing almost all the work.

 

If any of you have young children you may be familiar with a book called "Farmer Duck". I think that just about sums up how she behaved towards me, and I hope she ends up like the farmer.

 

DDxx

[The GodMother]

DD can u give me a link to that book as i am unaware of it even with a 19 mth old and a 6 year old.

[lexis200]

Here you go GM:)

 

Farmer Duck: Amazon.co.uk: Martin Waddell, Helen Oxenbury: Books

 

ps- check out the author's name...made me chuckle:D

[The GodMother]

lol thats a good name .

[The GodMother]

Hello PRBrown u seem to be loitering here is there anything we can help u with?

[Desperate Daniella]

You beat me to it, Lexis.

[angeljs]

Please excuse my butting in. I came to these forums for advice for myself, but caught this thread and have spent the last few hours reading every post!

 

May I say, DD, that your efforts have inspired me to get off my butt and do some legwork for myself instead of letting things get on top of me.

 

I really admire the way you have handled this situation and I wish you all the best, for both you and your daughter.

 

Well done!

 

(angeljs backs quietly out of the room)

[Desperate Daniella]

Hi angeljs,

 

Thank you, and welcome to CAG and this thread.

 

It's not over yet, and it's been a perfect nightmare, and as you can see it's not really a real 'consumer' issue. However, I would not have got through the last few months without the fantastic input from everyone here and the research that people have done for me, particularly Elsa who has come up with the most amazing stuff all the way through.

 

If I can help you at all please let me know. Have you got a thread on anything yet?

 

DDxx