statutory demand dismissed how to challange

[Amethyst]

Re: statutory demand dismissed how to challange

With regards your counterclaim - the money was taken by the landlord from DEFRA, and not used to the purpose for which it was granted - I'm not sure you have a claim directly against the landlord for that money as it was claimed for by your partner and the landlord jointly. I'm not really sure how everything fits together - so what did the landlord do with the £123k granted ?

I think you are best taking separate action regarding that but it needs fully looking in to as to who should bring the claim and whose loss it actually was, legally.

[righty]

Re: statutory demand dismissed how to challange

Ame I understand that after the OP found out they reported that fact to DEFRA and he had to repay it hence their present problem

[steveeasy]

Re: statutory demand dismissed how to challange

Hi,
am really grateful for all the feedback. thank you so much.

The facts are. my partners business was ruined by another fraudulent grant.(investigated by Parliamentary ombudsman and upheld)
to counter this my partner spent three years running a business applying for funding to counteract it with the landlord. he was awarded 123,000.

he then due to the investigation told her he had given it back and did not want it. the truth was he kept it. when we found out defra made him give it back or use it for its intended use.

what makes it really sinister, our landlord was friends of the other business who had been identified as commiting fraud. their agent was investigated, he was also our landlords agent.
of course it has been covered up by defra its called corruption.

We are not going to pay 10,000 to appeal. ive ot a better cunning plan of which id like your views.

why don't I just makeissue a claim for damages /claim at my local court. pay the fee, serve it on the former landlord. then when the petition is served. fill in 6.9 five days before. present the counter claim again and show the lodged claim for how much to the judge. is this not only the honest best cost effective way to prove to a judge a counter claim exists.


incidently the police are now going to look at it after three years of refusing to . personally I think its almost a fraud rin ive uncovered.

thanks

stephen

[steveeasy]

Re: statutory demand dismissed how to challange

Ame I understand that after the OP found out they reported that fact to DEFRA and he had to repay it hence their present problem

Hi righty,
almost spot on. he did not like being found out. but he had already decided not to use it for what was the purpose of it as set out in a very detailed application. it was fraud. how a judge dismissed it sends a shiver right down my spine for a failing justice system.
Im now told he was a recorder judge.

thanks

steveeasy

[steveeasy]

Re: statutory demand dismissed how to challange

David and several goliaths im afraid.

we would not make a deal with a crook nor would he. ive just posted I could simply lodge our claim towards him for fraud/misrepresentation and pay the court fee. would that not be proof of counter claim. what do you think ?. surely my partner has a right to pursue him in a court for dameges. incidentally we have been told her claim would or could be significant. she was promised a fifteen year lease in the application at earnings of 48,000 per year. he signed it.

not that she would get it or could fund it. but its a valid counter claim. just needs a form filling and a court fee paying then surely it is lodged.

steveeasy

[steveeasy]

Re: statutory demand dismissed how to challange

I suggest the Judge did misunderstand the facts & ignored your very relevant evidence. Also as the matter was/is in dispute he should never have granted the order particularly as it appears you have a valid defence

Hi,
we provided letter from mp referring to landlord fraud, we provided evidence of award, defra asking for grant back, and a host of information. the judge had little time and just said it was in 2012 you have done little about it. so I think if I simply start a legal claim in court by submitting a claim with the court fee, this will prove a valid claim exists. the other option is to pay solicitors and barristers hue fees to argue legal points that simply do not to be done. is it not the case all a judge needs to identify is if a counter claim exists wth a valid issue not if it will be successful.

steveeasy

[steveeasy]

Re: statutory demand dismissed how to challange

[QUOTE=Amethyst;489204]With regards your counterclaim - the money was taken by the landlord from DEFRA, and not used to the purpose for which it was granted - I'm not sure you have a claim directly against the landlord for that money as it was claimed for by your partner and the landlord jointly. I'm not really sure how everything fits together - so what did the landlord do with the £123k granted ?

He took tte money and filled it for another time. my view he defrauded defra, well they would not address this, when you have read the parliamentary report that defra let of someone who was deamed and subject to criminal investigation. Im the anti christ to defra, how dare I uncover there maladministration and identify several farmers committing potential fraudulent acts.

Our counter claim is the award was to provide my partner with a new lease for 15 years and her time and effort in obtaining the award. he did nothing at all. just signed the forms. it was for her business, her ewmployees, and other clubs who had supported the application.

an analogy
a council owns a sports ground. a football club supports the application for funding and does three years work. v the council receive the funding and tell the football club they have given it back this would be bad it it was found out the council had a different use in the future. our case is exactly the same I think and probally an outrage.

the landlord and his solicitors feel they did nothing wrong at all. tunnel vision just because they think they can. I bet it has happened lots of times for similar applications. I know of three that have used disabled justification to obtain money and simply do not provide the service.

the parliamentary investigation was about a venue who offered rider for the severally disadvantaged, but had never offered anything other than wealthy para riders expensive lessons. what happened to equal oppurtunities. another for 700,000 to be used by a riding for disabled club, they have never been offered the facility. the office 400,000 they had riding for the disabled there in their application, never had a lesson there.

probally going on. but people should not lie or mislead to obtain huge public money. its fruadulant.

steveeasy

[righty]

Re: statutory demand dismissed how to challange

As there's a considerable amount of money at stake I strongly suggest you DO use a lawyer. If you don't it could cost you even more. Your counter claim needs to be water tight

[Amethyst]

Re: statutory demand dismissed how to challange

Tell you what reading that report, it struck me more that there were no checks done. It would have been extremely easy to find out that Greenwich had already been selected at the time of the application and the application was a pile of horse poo. It just strikes me as greed on behalf of the council, and the people making the applications knew exactly which buttons to press.

[steveeasy]

Re: statutory demand dismissed how to challange

Hi,
the ridiculous thing is we have absolutely no money. We went to a solicitors earlier this week, it cost over £500 for an initial 1 hour meeting, did not know this until it was over, still we were offered coffee. we went back today to hand over an initial £3000. it was quite funny, I sat in the posh room waiting, he kept me waiting just a little too long and I walked out before they got thier hands on the money.

I just cant see how anyone can fund or justify such huge fees. My aim is to stop the bankrupcy, so im goin to submit a claim form either tommorrow and pay the fee, then hopefully I can prove a valid claim exists against the other party. does anyone ever win in court.

steveeasy

[Amethyst]

Re: statutory demand dismissed how to challange

it cost over £500 for an initial 1 hour meeting, did not know this until it was over,

I'm pretty sure there's rules about that

we went back today to hand over an initial £3000

[Amethyst]

Re: statutory demand dismissed how to challange

I think we need to look at the agreement between your other half and the landlord with regards the arrears 2005 - 2007 vs the application process.

[righty]

Re: statutory demand dismissed how to challange

Hi,
the ridiculous thing is we have absolutely no money. We went to a solicitors earlier this week, it cost over £500 for an initial 1 hour meeting, did not know this until it was over, still we were offered coffee. we went back today to hand over an initial £3000. it was quite funny, I sat in the posh room waiting, he kept me waiting just a little too long and I walked out before they got thier hands on the money.

I just cant see how anyone can fund or justify such huge fees. My aim is to stop the bankrupcy, so im goin to submit a claim form either tommorrow and pay the fee, then hopefully I can prove a valid claim exists against the other party. does anyone ever win in court.

steveeasy

If he didn't explain this to you were not at that time a client of his so shouldn't have been charged anything at that point.Suggest you complain to the senior partner (assuming there is one)

[righty]

Re: statutory demand dismissed how to challange

Ah! the fees the fees:tinysmile_cry_t: The fees are to cover the firms costs such as paying the staff, the light, the heating, the expensive law books they have to have, their donation to the compensation fund, the annual fees for their Practicing Certificate and their ongoing training AND last but not least the fact that they have spent years at considerable expense acquiring the knowledge to be able to advise people like you

[steveeasy]

Re: statutory demand dismissed how to challange

Hi,
I missed your post. Im glad you picked up on that. when I saw the publicity statement I knew it was fruad and maladministration. you may Have picked up on the fact ten people who had a combined 150 years in appraising applications as well as an olympic coordinator and they did not even think to discuss it with her.
I dont think people have any idea what is going on behind closed doors quite frankly. I know i may seam a little mad, but i am not, the ethos of the funding is care will be taken not to displace any other business not supported by public funding.

a small town in lincolnshire. 3-4 caravan parks within it fighting for business in the middle of a recession. yes defra go and give a venture capitalist farmer 500,000 to build the biggest caravan park right next door to a small caravan park. the lady who had run the park all her life could not believe what had happened. think they were closing down.

I have been simply stopped from exposing it all. MPs ministers covering it up. now you might appreciate why our former farmer landlord is trying to bankrupt my partner. ive finally got the police to agree to look at two awards. they phoned three days ago, he said over the phone ive got an ax to grind. by the way the report could not have more wrong our business offered more activities than any other business in lincolnshire including equestrian centre f but was deamed not to be a competitor just because it did not have bells and whistles.

If I had the knowledge id bring a case against them, all the ground work is in the report.

steveeasy
ps publish the report if you wish