Setting aside salford a ccj - defence sent to wrong court

[keek]

 

Update 

Attended court today for the hearing. Claimant attended also. The judge said he couldn’t make a judgment based on the evidence the claimant had given,

he told her the evidence she submitted was inadmissible and that she hadn’t followed directions.

 

He’s ordered an expert report on the system and to attend another hearing in around 8 weeks.I’ve no problem with the order for an expert report

it will only prove the system does work ,but I can’t understand if her evidence is nonsense and can’t be used why it’s not been thrown out? 

 

[keek]

Hi Andy , 

yes she attended as ward councillor and moral support . 

 

The claimant did her self no favours today, The judge was unimpressed with the amount of paperwork she had served. She had to be told to stop using emotive language on a few occasions.  

It only lasted 20mins. 

 

He asked if I would compile a list of experts and then decide between ourselfs who we use and we split the cost. 

 

she wasn’t happy. She didn’t conduct herself very well at all. 

[keek]

Just out of curiosity could I have objected to having an expert report and had the claim dealt with there and then? 

 

Just feel a bit annoyed that I have to sort the expert and pay half for the privilege when the claimant hasn’t followed the directions which the judge made clear to her today.  

I was just hoping today would be the end of it either way

And thank you for the links , much appreciated it really is , would have been in a right mess if not for your help. 

[keek]

Hi Andy , 

Yes I told him I was qualified I think that’s why he asked me to compile the list of NSI certified cctv installers for us to choose from. She said she wasn’t happy about this but the judge told her it would be the only way to progress the claim and she agreed. 

 

I didn’t think about it at the time  but she took the DVR to court yesterday so she has pulled it all out , now I’m thinking it’s not going to be inspected as it was when I left it .

 

The way she conducted herself yesterday was shocking so....

Yes it’s going to be a nightmare to get her to agree on anything. 

 

Also so did a little research on the councillor , found a newspaper article from 2016 about her using council resources for her personal gain and had to pay monies back to the council purse.  

 

 

[keek]

No there was no guarantee or warranty given on the installation but the equipment had a standard 12 month warranty which has now expired. 

I only though about it properly last night although she didn’t show the judge the DVR she definitely had it in court yesterday. 

 

 

 

[keek]

I’m sure the judge knew she had brought the dvr box with her , she did say she had brought it and it was on the desk , that’s why I never said anything in the hearing it’s only when I got home and thought about it more.

I’m kicking my self now! 

 

 

I’ll see what the directions say and go from there but if I do ignore them and the claim is struck out would that be it?

Would I still be able to claim my cost back?

 

Ive got a feeling she’s not going to comply with these directions anyway as she hasn’t with any of the others. 

 

[keek]

Hi 

Received the directions today regarding the expert report . 

 

Not sure about the best way forward .

I’ve no issue with the installation and cameras being checked everything was done as it should have been. And the expert should back this up , My only worry is the dvr. I know she had it in court. She could easily break it if she wanted. 

 

If I fail to comply what would be the worst case scenario? 

I don’t want her to get away with it she’s malicious and a liar! 

 

 

 

[keek]

Morning BazzaS, 

I was just going off the advice in a previous comment #61. 

 

Thanks for your reply , much appreciated .

 

I am going to sort a list of experts today and forward them on to the claimant for her to decide which expert she wants to use.

What do I do if she doesn’t want to cooperate? 

 

Do I need to send the list of experts to court also ? 

 

 

 

 

[keek]

Hi 

yes I sent her a list of the experts and asked if she could send me her instructions for the expert. 

 

I received a letter from her today stating she didn’t need to send me any instructions or choose an expert from the list I sent . She said she has phoned the court and is waiting for further instructions. 

[keek]

Thanks for the advice. 

 

I knew she would make it difficult instructing the expert . 

She says asking her to choose the expert and send me instructions is not what was ordered by the judge or in the directions.

She says I should send her a list , she then sends me a list and then we agree if we don’t she will phone court. 

 

She said she phoned court on the 18th November. 

 

I will get another letter out to her tomorrow. 

Thanks again for the advice 

[keek]

She’s brought this false claim and she has no idea what she is doing it’s been a mess throughout .  

 

At the last hearing she told the judge didn’t trust me getting an independent expert and was told off . She was also warned she must not interact with the expert when they are inspecting the equipment or the claim maybe thrown out , she won't be able to help herself if we get that far . 

 

I will reply to her letter and see what she comes back with. 

Thanks 

[keek]

Morning 

just to update I posted a letter through to the claimant this morning as advised and she has replied in A text message . This is the reply ....

 

 

Good morning ,  as I explained to you last week. I have been in touch with the court, I have also phoned them, Monday just gone. The clerk went over your previous letter with me. I have been instructed, to call, the court back this Friday. I have not been able to write to you again, due to me having a very bad flu virus. And unable to go out. I will call the court back now, please will you refrain from pushing letters through my letterbox, I am asking you to keep off my property. Please send any letters, the correct way, as I do with you via post, I will inform the court that I have requested this off you.  Thank you.

 

[keek]

Just to update 

the claimant had sent me a screenshot of 3 cctv experts in a whatsapp message. No other content.

 

 

[keek]

She’s not picked any from the list I sent but Yes i know of them and I’ve looked them up and they are qualified. 

[keek]

Thanks for your reply 

I’m happy to pick one from the list she sent she’s just being awkward. 

 

Just to clarify do I need to send her any instructions for the expert to check over or just amend the ones she sends to me if needs be? 

[keek]

Hi 

I've uploaded another letter received today from the claimant . 

2019-11-28_155310.pdf

[keek]

If I send it by post would it not be too late ? by the time the instructions are checked and sent back we will be past Wednesday, it’s stupid I’m passing so I just post any letters though. I don’t hang about , she really is petty . 

 

I will write her another letter tonight . Thanks for the replies 

[keek]

Yes that’s about it , other than she’s put the wrong date it should be 5th Dec not Nov. 

Edited November 28, 2019 by keek

[keek]

I’ll post it in the morning, Not into upsetting old ladies , really don’t know what her problem is or why she would start all this off anyway .... mind boggles! 

[keek]

Just to update.

I’ve not received any more letters or the instructions requested from the claimant. 

 

As an expert has not been jointly instructed what is likely to happen now? 

The judge did say he would find it difficult to make a judgement in the case without the expert report. 

 

I understand she now has to phone the court tomorrow by 4pm for further directions , should I also call or just wait to receive them by post? 

Many thanks 

[keek]

Thanks for your reply 

She might have instructed an expert and not told me as I did agree to one in the letter . 

 

If she doesn’t make an application for further directions will it be thrown out or will the claim still be heard on the 1st May? 

 

Suppose it’s just a waiting game now. 

 

 

[keek]

Hi 

Received a note today from the claimant. It reads ,

 

I am sorry that at the moment I cannot reply as I phoned the court on 2nd Dec and I have been instructed to call back later today Friday 6th Dec for further instructions. I will be in touch soon. 

[keek]

Hi 

Received another scrawled letter this morning , 

 

just to to inform you that I am still waiting for further instructions from the court. 

 

Please would you you provide me with a copy of my letter, where you have stated In your letter to me , dated 29th November 2019 , 

that my recent letter states I do not wish for you to instruct an expert or make an independent report on our behalf? 

 

You also state that in my letter I also do not want your input in the Instructions letter to the expert. 

Please forward a copy of my letter stating this to you. 

 

Please forward where the judge states that I had to forward a written draft letter to you, with the instructions for the expert? Also where it states I needed to send you a copy for you to check to see if it’s appropriate. 

 

Please would you send me the copy of my letter, sent to yourself, where you state , I have written all the above instructions to yourself . 

 

Guessing she’s not kept a copy of the letters she has sent me. Oh dear! 

 

 

[keek]

Hi 

thanks for your time.

Yes I agreed an expert with her and asked her to send me the letter she intended to send them but she refuses and says she doesn’t need to do that . I’ve asked her twice to do this .

 

She just keeps telling me she has phoned court for further Instructions. 

 

Yes I Installed the equipment there is no problem with the system I fitted the images were clear. 

 

She asked me to do more work for her a month after the installation so if it wasn’t fit for purpose why would she ask me to do more work. 

There was never a contract it was a favour for a family friend. 

Edited December 14, 2019 by keek

[keek]

Yes I was paid “mates rates” for the job. 

No we can’t agree on that either , 

 

All she asked for was a silent running system with 4 cameras and that she could make faces out. No other requirements. 

 

I told her her previous cameras (what she had taken down) where mounted too high and I would put them lower at the reccomended height about 1.2 lower from the previous ones to gain good facial images . When I put the 1st one up she saw the holes the previous cameras had left and told me to put them higher. I told her the images would be compromised but she wouldn’t listen and told me to put them where her previous cameras had been .

The images are still clear and I have photos to show this. After a week her tv signal started breaking up and said it was the cctv. 

I went back 5 times and there was never any problems with the cctv just her tv signal when she closed her curtains , I told her it was her Ariel. 

she put in her claim is it does not work and is not fit for purpose.

She has also said she asked for IP cameras as the police have advised her to get them , she did ask but I told her they were well out of her budget. 

I think she has said this as she told me she took litigation out on another company for selling her Ip

and they installed analogue so she’s just added it in. 

 

Why would I do this when she told me she had already sued another company?  It’s all lies.