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Proceedings issued, NTK invalid, Gladstones/Millennium refusing to respond

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  • Thanks CM. I agree some of this could be lifted into other defences and skeletons (like I pinched much of the illegality section and some of the consumer law stuff from another document on a Prakster thread which you'd sent me the link for).
    I am approaching the need for psychiatric intervention I have become so obsessed.
    Thanks for heads up on those regs, I'll look at that today.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • DollyDee_2
    DollyDee_2 Posts: 765 Forumite
    Ninth Anniversary 500 Posts Combo Breaker
    edited 9 March 2017 at 10:36AM
    I must confess I've only read about half of the Skeleton but I think in several instances the date the land was sold has been mis-typed?

    @ 9.3 you've stated the land was sold on 24.6.15, then @ 18.9.3 - 27.6 14. You've also stated the land was sold 4 months before the "incident" date so I think there's several 2014 dates which need changing. Or vice versa.

    And I know this is being really pedantic (sorreeee) but it should be supersede not supercede.
  • Loadsofchildren123
    Loadsofchildren123 Posts: 2,504 Forumite
    Sixth Anniversary Combo Breaker
    edited 9 March 2017 at 11:44AM
    Thanks Dolly!!! I do need to give it a final read through, which I was planning to do when I have the page references to insert. Next job is to make the bundle of documents. But I'll change those dates now. Parking Contract was Jan 2014, land sold June 2015 and parking incident was October 2015.
    Am I being American in saying supercede, or does that word have a completely different meaning????
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • DollyDee_2
    DollyDee_2 Posts: 765 Forumite
    Ninth Anniversary 500 Posts Combo Breaker
    I don't think supercede is an American version - it's just natural to assume it's a "c". Apparently it's the only word in the English language ending in "sede".

    Dolly
  • I think I love you Dolly for knowing this! It had underlined it in red on my spellcheck but in my enthusiasm I had ignored it!
    I've put a note on the bottom of the Skele to check dates - parking contract was 2014 not 15.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • DollyDee_2
    DollyDee_2 Posts: 765 Forumite
    Ninth Anniversary 500 Posts Combo Breaker
    Aw shucks;)
  • Loadsofchildren123
    Loadsofchildren123 Posts: 2,504 Forumite
    Sixth Anniversary Combo Breaker
    edited 10 March 2017 at 7:01PM
    I have played around with and perfected my costs application which is at the end of my Skeleton. I've beefed it up considerably and added case law about the failure to follow pre-action procedures set out in the Practice Direction - Pre-Action Conduct and Protocols. It seems to me that every Defendant should be running this argument because every PPC seems to ignore the Practice Direction.

    I've put in some useful case law - which is BINDING and not simply persuasive. Faced with case law DJs are more likely to punish Claimants who ignore their Practice Direction obligations.






    Coupon-Mad you might want to paste this link somewhere else for people to crib.


    https://www.dropbox.com/s/mc7xhbc2tsuz384/COSTS%20APPLICATION.docx?dl=0
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Loadsofchildren123
    Loadsofchildren123 Posts: 2,504 Forumite
    Sixth Anniversary Combo Breaker
    edited 23 March 2017 at 9:11PM
    Bit fed up. Sent the Skeleton in draft to Gladstones hoping they'd discontinue, but they haven't. And now they've sent an incompetently prepared bundle which misses out the Defendant's entire witness statement (it includes the exhibit only) and the entire Amended Defence! To say nothing of the Part 18 Request.

    These people are irritating me beyond belief.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Lamilad
    Lamilad Posts: 1,412 Forumite
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper
    Bit fed up. Sent the Skeleton in draft to Gladstones hoping they'd discontinue, but they haven't. And now they've sent an incompetently prepared bundle which misses out the Defendant's entire witness statement (it includes the exhibit only) and the entire Amended Defence! To say nothing of the Part 18 Request.

    These people are irritating me beyond belief.
    I doubt they've even read it. Or maybe teacher wasn't around to explain what all those big words mean.

    The bundle will have just come straight off the conveyer belt and into the post box.

    Do you really want them to discontinue after all the work you've put into this cast iron defence? You must, in part at least, be looking forward to booting them all over the court room, then giving them a wedgie, grabbing them by the belt and braces and launching them out of the door and face down into the mud.......

    ..... Sorry, i got a bit carried away with that mental image.
  • I'm a documents person, I hate standing up and talking in court. I'm worried that the court will say the amount of time I've put into this is out of proportion - but what else can I do? No point thinking this is just a couple of hundred quid so I won't pay much attention to it, a defence might as well be a good and thorough one in my view...
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
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