Hi, Thanks for your question. If I have provided you with an answer, kindly click ACCEPT.
Have you sent any documents to the County Court?
Yes 50 pages of evidence including photos of cars going in and out of alleyway without any problem, videos, drawings, neighbour witness statements, copies of certificates of incorporation of the limited companies operating out from next door. Can you please focus on the issues I have raised and reply with some information, one way or the other. Thank you
Hello there. Do you need any further information?
Which issues on particular would you like me to concentrate. There is quite a lot of information there.
I might add, the claimants have not provided anything to the Court apart from their claim of "substantial interference".
I have to step away for a while. I will be back online in a couple of hours.
The part at the end... where I mentioned about possibly defrauding us on the enjoyment of the land, possibly defrauding their own insurance company and also taking the legal justice system for a ride. Yes the description was long but I thought it was clear enough to follow?
OK, if I am offline, please feel free to comment.
Dear Support Team,Please refer to the email below... note the very spare information provided i.e. just one question to me "Have you sent any documents to the County Court?" EOB.I think this chap should be given a ticking off for asking for money for not even following up on my query and even further stating originally that he was going off line for 2 hours and that he will come back (he never did even though I waited for more than 2 hours the whole night too!!!!!).Just my thoughts but worth following up.Mr Liaquat XXX.
Hi Claire, can I follow up quickly on the above query if that is OK and will be covered in the same question... if so, is it an offence for a claimant (a company director) to NOT disclose that fact on his court papers or even the name of his limited company. Seems a business suing ordinary Joe in the street is a bit one sided? Any thoughts?
His solicitor in a previous letter when I challenged this, stated "for the interest of clarity, we can confirm our client's property is a residential dwelling." So looking at the fact that he is running a commercial business, he is also a company director but didn't disclose that information in the FAMILY COURTS section, is that plain lying and something I can challenge in court?
Thanks. One final question then, in his witness statement he adamantly stated his car was "trapped" for 6 months in his back garden because of our wheelie bin and he wants "damages". We have a photo showing his car passing by the wheelie bin with about 2 feet of space between the two and plenty of clearance... we took the photo when he wasn't aware around 3.00 AM in the morning when he drove he car in clandestinely into the back. Would that wash with the judge?
Sorry to finish off, I think there is one law if you have insurance and one law if you don't! The reason I say this is because I spoke to a Simon Price from Lyons Davidson, I likewise explained the same situation about a wheelie bin, rubbish and so on causing an obstruction in my alleyway and making it difficult to get my car in and out of the alleyway. I even directly asked if I could get the litigation costs covered by a Conditional Funding Agreement but Mr Price seemed a little confused and told me the best way forward would be to take it up with my home legal expenses insurance and they would then decide if there was a case or not! He also said he wasn't sure what, if any, merit there would be in pursuing a case like this over a wheelie bin and suggested I should perhaps take the matter up with the Citizens Advice Bureau! I think if Mr Price was approached by my insurer with the appetite for success fees and so on, may be his answer would have been different? Something which I am experiencing with a £40,000 legal bill over a wheelie bin (Google £40,000 Battle of the wheelie bins). There must be something wrong with this country's legal system? Any thoughts most welcome.
Thanks for your valuable feedback. I will raise these issues with the judge when there is a costs hearing.
Just a quick query again since you mentioned legal expenses insurance can lead to odd cases.... The claimant stated his funding is under a CCFA (Collective Conditional Fee Agreement). Question: Is that the type of funding given to say trade union members, i.e. 'Collective' or block CFA funding? If so wouldn't that be more for personal injury, disease, clinical negligence and so on? How would he have qualified for a wheelie bin? Do you think he 'faked' something on the claim form, e.g. his fell over the wheelie bin and hurt his back? If this is the case, would he be in serious trouble when this goes to a costs hearing and my barrister demands to examine his CCFA agreement in minute detail?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).