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    • Hi everyone, I have an update on my case that I’d like to share with you all.  so after submitting 371 pages in my bundle, a witness statement and skeleton argument for my court case due to take place in Manchester on June 21st I got an email from my litigator stating that hmrc have pulled out and the case is now closed!    this is the body of the letter….. This letter, which is copied to the Appellant, pursuant to Rule 17 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009, the Respondents gives notice to the Tribunal of their intention to not defend the above appeal.   The Respondents respectfully invite the Tribunal to allow the appeal and close its file. In lieu of the above the Respondents would respectfully ask the Tribunal to vacate the hearing scheduled for Friday 21 June 2024. We would accordingly invite the Tribunal to close its file. Obviously this is extremely good news which hasn’t sunk in that after 3 years of fighting it is over.    I do have a further fight on my hands in that the Group Action I had joined with Independent Tax that had been disbanded in November last year and I chose not to continue with them. They are trying to bill me over 5k for the work they did under that Group Action which is ludicrous bearing in mind the whole point in joining was that it would keep the cost to a minimum as it would be shared between us all. They had asked if I wanted to continue to have them represent me on an individual level which I declined, if I hadn’t, goodness knows what they would have been trying to charge me now. 
    • President Ruto says Kenyans pay less tax than citizens in some other African countries.View the full article
    • As PM Sunak really showed his true colours at the D Day Commemorations by doing what? Oh I am the British PM lets just leave early I have better things to do and as he is called out on disrespecting all those veterans that served our country for the freedoms we have today he gives a groveling apology to little to late. He knew about this event for a long time and also knew that this is probably the last D Day Commemoration due to the age of those Veterans who gave so much for there countries freedom. Even on the day of the D Day Commemoration he still could have changed his plans As PM and stayed but choose not to showing such DISRESPECT to those Veterans, those that lost there lives and Families for the Freedoms we have today Being a Veteran myself I have never known a PM to show such disrespect what the hell was he thinking SHAME ON YOU PM SUNAK  
    • Thanks. We'll try to help over the weekend. If the hearing is on 05/07 then it's 90% sure that the deadline for filing your WS is 21/06.
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Hi all, heres an update on where I am at the moment with MBNA.

I have sent them copies of what Optima have requested for disclosure,TWICE! and yesterday I got a General Form of Judgment or Order from the court telling me that I had to disclose copies of what I have already sent!

By the way Optima have not sent me any of the documents that I have requested for disclosure!

I have again today forwarded them emails with documents attached and pointed out that they have had them twice. I also asked them to withdraw the order at the court as I have already complied.

Witness statements have also been exchanged.

 

Looks like they are trying to blind side me!

 

Any advice anyone?

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CAG does not recommend or endorse any representation...this is against Forum rules Zentrix9.

 

Regards

 

Andy

We could do with some help from you.

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" I have sent them copies of what Optima have requested for disclosure,TWICE! and yesterday I got a General Form of Judgment or Order from the court telling me that I had to disclose copies of what I have already sent!

By the way Optima have not sent me any of the documents that I have requested for disclosure!"

 

Respond to the Order and state that you already have...twice...its the Claimant that has failed to comply with their N265 and request that the court compel them to disclose or impose sanction.If they have failed to comply with SD then their WS is irrelevant because their evidence has yet to be furnished.

This should be done by way of an application N244.

 

Regards

 

Andy

We could do with some help from you.

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One thing on the list they have asked for is documents relating to the ordering of materials for the conservatory. I have the contract for the frames but I was doing the basework myself. I have installed the footings but gone no further. I did not keep the reciepts for the work I did. Will this be a problem? I dont want the court to throw out my counterclaim based on this. I have informed them of this in my disclosure I selt them.

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Shouldn't be a problem.

We could do with some help from you.

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Ok I have filled in the N244 form. This is what I have put in the box 3. What order are you asking the court tomake and why?

 

"I have received an order from the Court (attached) that requires me to disclose copies of documents. I have already forwarded copies of the documents required to the Claimant on 2 seperate occasions (see attached emails). It is in fact the Claimant that has not forwarded the documents that I have requested for disclosure. The Claimant has failed to comply with their N265 and request that the court compel them to disclose or impose sanction. If they have failed to comply with SD then their WS is irrelevant because their evidence has yet to be furnished"

 

Is this ok?

 

No.4 asks if i have attached a draft of the order I am applying for I have selected the box NO

 

No.5 Selected box without a hearing

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Ok I have filled in the N244 form. This is what I have put in the box 3. What order are you asking the court tomake and why?

 

"I have received an order from the Court (attached) that requires me to disclose copies of documents. I have already forwarded copies of the documents required to the Claimant on 2 seperate occasions (see attached emails). It is in fact the Claimant that has not forwarded the documents that I have requested for disclosure. The Claimant has failed to comply with their N265 and request that the court compel them to disclose or impose sanction. As the Claimant has failed to comply with Standard Disclosure then it is accepted that the Witness Statement is irrelevant because their evidence has yet to be furnished"

 

Is this ok?

 

No.4 asks if i have attached a draft of the order I am applying for I have selected the box NO Tick yes see below

 

No.5 Selected box without a hearing

Ok

 

 

 

 

#### START OF ORDER ####

 

In the ......... county court

Claim No. ...

 

Before

 

District Judge ………

 

 

Dated ……… 20…

 

 

Claimant A

 

and

 

Defendant B

 

 

 

Draft/ORDER

 

 

UPON reciept of the Courts Order dated xxxxx

 

 

IT IS ORDERED THAT:

 

1. The Claimant be forced to comply with Standard Direction and disclose requested documents within 7 days or their claim be struck out

2. The Defendants Counter Claim to proceed.

3. The Claimant do pay the Claimant’s costs of this application

 

#### END OF ORDER ####

 

 

Regards

 

Andy

We could do with some help from you.

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  • 3 weeks later...

Just thought I would post an update.

 

I sent the judge a letter stating that Optima had recieved all the items they had asked for more than once and they are still saying I havent sent them. They were trying to get my counter claim struck out and judjment without going to trial. Also said they were causing me and my family undue stress.

 

I had a letter from the court today stating

 

It is ordered that my letter be treated as an application to set aside and be listed for hearing before the judge.

 

Does this look like my case is being favoured?

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Zentrix, I don't think andyorch is online at the moment. I am sure he will receive notice that you have posted and will look in on your thread in the morning :)

 

But yes, it does look as though there is some consideration being given as you would normally have to submit a set aside on a proper application form .

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" It is ordered that my letter be treated as an application to set aside and be listed for hearing before the judge."

 

Set a side what? you made application for them to disclose or be struck out?

 

Andy

We could do with some help from you.

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  • 4 weeks later...
" It is ordered that my letter be treated as an application to set aside and be listed for hearing before the judge."

 

Set a side what? you made application for them to disclose or be struck out?

 

Andy

 

 

So this means the application to set aside will be discussed and if unsuccesfull it will go to trial on another agreed date?

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So this means the application to set aside will be discussed and if unsuccesfull it will go to trial on another agreed date?

 

It appears so ZENTRIX

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Optima have sent me their witness statement but I still have to send them mine. Should I wait to see what the outcome is at the set aside or send it them. Am I right in thinking that it has to be sent no later that 1 week before the trial date, and as one hasnt been set yet it can wait?

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The norm is usually 7 days pre Zen.

 

Andy

We could do with some help from you.

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  • 3 weeks later...

Hi all, I attended court and my case is still going to trial. One of the items I was asked to submit was "planning permission documents" which was incorrectly described by me as I only had "planning application documents" so the judge said I had not produced the correct documents, I had not complied with a court order and told me I had to pay the other sides costs for that hearing.

 

 

I have been away for a week and have been waiting for a letter confirming what was said, I didnt take notes on the dates discussed as I thought it would all be comfirmed in a letter like it usually is. I just rang the court and said I was waiting for a confirmation letter and they said they are 10 days behind and that I would have to wait. The judge said I would have to pay within 7 days.

 

From when? when I get the letter, from the date of the hearing? I dont know. He said I could apply to pay in installments, how?

 

 

I dont have over £400 and I am pulling my hair out because I am scared the case might be kicked out and I have to pay over £12k.

 

 

Any suggestions, please :(

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It is usually from when you receive the order.

 

I will ask andyorch to look in and see what options you have.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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