ptr120
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Post by ptr120 on May 11, 2022 19:33:30 GMT
If nothing has changed, tomorrow is the date of the 1/2 day court hearing, although I haven't seem which court it'll be in. Does anyone know or will be attending (paging Mousey )
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Mousey
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Post by Mousey on May 11, 2022 19:44:33 GMT
If nothing has changed, tomorrow is the date of the 1/2 day court hearing, although I haven't seem which court it'll be in. Does anyone know or will be attending (paging Mousey ) 2pm at the Rolls Building
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ptr120
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Post by ptr120 on May 12, 2022 12:53:58 GMT
Thanks Mousey I did ask the court for an online link, but it seems this is an in-person case. Was there a mouse in the court?
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Mousey
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Post by Mousey on May 12, 2022 13:06:16 GMT
Thanks Mousey I did ask the court for an online link, but it seems this is an in-person case. Was there a mouse in the court? There's always a mouse in the court
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Mousey
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Post by Mousey on May 12, 2022 14:51:53 GMT
Sorry not being dealt with today. Judge minded to adjourn for a 1-day-hearing
ICC Judge Clive Jones tells borrower: "I’m sorry this is common sense for anyone with rational intelligence that you have to repay money you have received"
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ptr120
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Post by ptr120 on May 12, 2022 20:03:56 GMT
Many thanks Mousey . Any info on when the 1 day hearing might be and the reason(s) for the adjournment? Did you happen to spot the platform in the gallery?
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Mousey
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Post by Mousey on May 12, 2022 20:44:24 GMT
Many thanks Mousey . Any info on when the 1 day hearing might be and the reason(s) for the adjournment? Did you happen to spot the platform in the gallery? Everyone, please feel free to buy me a pint if you find this useful. I'll do a proper write-up of the final hearing. Borrower (Male): " I am a Litigant in Person and let me start for apologising for anything I haven’t done correctly. I haven’t had any help. I would like to go through my opening statement. That would shed some light on the applicants concerns. Impossible for anyone to make their mind up of what did or did not happen when only a quarter of the bank statements are available." Judge: " I'll stop you there. You can see the mortgage has been paid. Absolutely clear there are payments you weren’t allowed to take from the company as it’s personal expenditure...." It would appear the male respondent (husband of second respondent) accepts that monies were paid out from the company. He claims that he reimbursed the Dollar and Euro accounts of the company which offset the directors loan account. He contends that as the documents of those accounts cannot/have not been produced then the applicant can't meet the evidential burden. Judge disagreed by interrupting on the first point: " I can’t guarantee I’ll intervene all the way throughout as I’ll be here until here until goodness knows when... don’t blame the office holder [the liquidator], not because the Office holder could have done something they should or shouldn’t have done. The director has to give the office holder all the information that’s in their mind... The problem is that the liquidator’s case is fundamentally correct. You are failing to recognise that the onus is squarely on you. It’s your obligation to account [for where the money went]. You’re the fiduciary" Borrower said: " CC operated a US Doller and Euro account from 2010 onwards into which payments were made by me. I would like the opportunity to submit a new witness statement of more details and statements." Borrower said he had 20 or 30 boxes of paperwork in the loft and would search through. Judge gave the borrower 28 days to apply for permission to add a new witness statement, and indeed produce a draft WS. A pre-trial review of 30 minutes would take place to see the status of the litigation and then a trial date of 1-day could be set. Judge said " I would like this matter before the end of July. Realistically that looks pretty unlikely" and cited a first available date after 4th October. Dates to avoid will be submitted by both sides to the court by 4pm next Wednesday. Borrower explained his " 93 year old mum deserves visits she wasn’t entitled to during Covid" which meant some dates would be unavailable. Judge: " if it means you have cancel your visit to Denmark then so be it" The first and second respondents, understood to be husband and wife, appeared unrepresented. The applicants were represented by Jonathan Wright. Two people were present with him, I understand one was the liquidator, who was initially expected to give evidence from the witness box.
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registerme
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Post by registerme on May 13, 2022 1:17:44 GMT
Mousey the next time you're in London I'd be delighted to actually buy you a pint .
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TitoPuente
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Post by TitoPuente on May 18, 2022 14:08:11 GMT
This is appalling. Doesn’t the judge realise that this fairly simple case has been dragging since 2016? I guess he does not care. The justice system is broken.
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IFISAcava
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Post by IFISAcava on May 18, 2022 17:07:31 GMT
Mousey the next time you're in London I'd be delighted to actually buy you a pint . I think he prefers cheese although my personal experience is that peanut butter and chocolate also acceptable to most mice
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iren
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Post by iren on May 19, 2022 11:57:14 GMT
This is appalling. Doesn’t the judge realise that this fairly simple case has been dragging since 2016? I guess he does not care. The justice system is broken. Cannot believe the judge has allowed this. If there are other bank statements, they will have both payments in and payments out, and may only open up another can of worms, likely proving nothing in their own right. So what’s next, payments in from the principle, and payments out that are claimed to be made to the company’s bank account in Djibouti? Then a request for time to locate the statements for the Djibouti account? This is why the requirement is for all documents to be presented to the insolvency practitioner up front. Surely, even if the borrower was correct and had fulfilled his obligations, he would also be opening himself up to be sued for the IP’s costs incurred because he has not provided the full records up front, thus leading to unnecessary work and futile court actions? Complete joke of a legal system.
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littleoldlady
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Post by littleoldlady on May 19, 2022 15:02:24 GMT
Can kicked into October.
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ilmoro
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Post by ilmoro on May 19, 2022 15:04:45 GMT
Inflation in action as it appears you get more information for cheese than you do for money paid to an IP 😆
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Mousey
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Post by Mousey on Sept 22, 2022 21:15:38 GMT
Pre-trial review tomorrow at 10.00am via MS Teams. Time estimate: 30 minutes
I'm washing my whiskers so can't attend
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ptr120
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Post by ptr120 on Mar 14, 2023 10:38:53 GMT
This one is due in court again today - paging Mousey in case he has any insights into proceedings or outcomes Edit: If this was to be heard in the court I think it would be heard in, I can see no evidence of a court listing for today - in which case, perhaps our cheese loving friend has some insight as to why not.
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