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Being sued by Cowboy Builders - please help *** Claim Struck Out ***


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Hi Wonky

I think we talked on the telephone a while ago regarding this company I thought it was all sorted but obviously not.

I've had a letter off Ikon legal this week regarding money they say I owe.

If there is anything I can do to help please contact me.

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Sorry, another question!

 

Had the notice of hearing which states

 

Documents sent to the Court must clearly state the date and time of the hearing. Non compliance may result in documents not being on the court file for the hearing.

 

Parties are reminded that all Bundles of documents must be removed at the end of the Hearing. This includes the Judge's Bundle unless the Judge requests it to be retained.

 

I'm guessing this is the same directions as would be on the full hearing notice and that I don't have anything else to send to the Court other than what I've already included in the applications? I'm also guessing that I don't need to prepare any bundles?

 

Would appreciate confirmation that I don't need to do anything further at this time.

 

Thanks again

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Its really just a reminder to mark everything correctly for the file.

 

If there's anything not already filed you later want to rely on; docs, disclosure lists, w/s etc then you should file before the hearing.... 7 days would be the usual although there's more than a few on here that have been 'mugged' on the day of the hearing. You should also serve on the other side as you don't want to be seen to ambush them at the app hearing.

 

Don't forget this is to consider the apps only, the dj won't be interested in holding a mini trial so just stick to the facts in support of your application/s.

 

Gez

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Thanks Gez

 

Got an appointment with the PSU (hopefully with a retired Judge, although no guarantee) to go through protocol and how to present myself before the Judge and how I should address him etc.

 

Do you think it may be worthwhile my sending copy emails chasing up the documents to the Court (cos I didn't include in the application!)?

 

As you say, it's not a mini trial, so I can't really see what else I can send.

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You can file whatever you like if it supports your application...... Wait until nearer the hearing date though in case anything else comes out of the woodwork later on. If you draft a w/s in support you can attach a mini bundle [don't overdo it or the judge might nod off :-) ]to refer to and file/serve the lot in one go.

 

Gez

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Lol........ you surprise me :-)

 

Attach, number and make reference to them in your w/s.

 

They may object as there was no mention of them at aq, but then again the duty to disclose persists throughout proceedings.

 

Gez

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Ha ha! Are you referring to my continuous questions or additional witnesses?! :-)

 

I don't know what else I can do to shut these guys down! I have complained to EVERYONE!

 

I have to believe that justice will prevail for us disgruntled customers.

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Hi Wonky

 

I assume preceeding orders were stayed in abeyance of application hearing? They should, but it would be prudent to check on the app notice. Don't want to get caught out missing a date if there's a slip anywhere on procedure.

 

Gez

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Hi Gez

 

Haven't got the application hearing order with me so can't be certain what it says, but I don't think it mentions that preceeding orders have been stayed. In any event, I've complied with all orders. Next order that I need to comply with is to serve a counter schedule of damages by 23 March 2012, which is after the application hearing date.

 

I spoke with the Court yesterday and they have confirmed that Ikon have made up the Court order that we exchanged PMs about. So I've sent copies of the correspondence I received in this regard to the Court and have asked that it be put on file so that it can be brought to the District Judge's attention at the application hearing on 20 March. I've also sent a copy to Ikon and have once again told them of our dissatisfaction with their misguided and dishonest conduct in this matter.

 

Have a meeting with the PSU today.

 

Thanks again for your help. Lets hope I don't need to post again until 20 March with an update.

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More help please!

 

Meeting today was very positive and we are going to back to the PSU at some stage in the next 6 weeks. Also, a representative from the PSU will be attending the hearing with us.

 

However, it has been suggested that I complete a chronology. Anyone any experience of these? Could anyone provide a link (is it ok to do this?) to how to do one?

 

Thanks

 

Thanks again

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Legal chronology is basically a time line of events using descriptions and photos (in your case).Do your line vertical to the left with the dates and times and lines coming off to each incident.

 

Regards

 

Andy

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Hi Wonky

 

Can't imagine there's a set format, not saying there isn't one, just never come across one.

 

Can only assume they refer to a diary of events typical for informal dispute resolution cases, ie:

 

Date/time/location/party name/event type [verbal,written etc]/outcome/

 

Its a sensible approach and should help with identifying key areas of dispute and locating key docs within bundle.

 

If I come across anything more suited I'll let you know

 

Gez

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Legal chronology is basically a time line of events using descriptions and photos (in your case).Do your line vertical to the left with the dates and times and lines coming off to each incident.

 

Regards

 

Andy

 

What he said too :-)

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What he said too :-)

 

 

:razz: All ok Gez any news?

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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