In court Monday,par...
 

[Closed] In court Monday,parppp.

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The day has come, and I'm scared to death.
'people' have said I'll get torn to bits.
Though any solicitors I have spoken to said not to worry? and won't even work for me as they say it's clean cut, i.e an ex employee ordered two mobile phones (One for him and one for his girlfriend) in my company/personal name (i'm a sole trader)and as he didn't work for me at the time had no authority and couldn't represent me so no contract?
Any legal'ish bods care to comment.


 
Posted : 03/12/2010 8:13 pm
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[i]Any legal'ish bods care to comment. [/i]

I thought there was some sort of rule that said you weren't supposed to talk about forthcoming legal cases that you're involved in?

But then I'm not a legal bod...

Good luck BTW.


 
Posted : 03/12/2010 8:19 pm
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sub judicae


 
Posted : 03/12/2010 8:29 pm
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[img] [/img]


 
Posted : 03/12/2010 8:38 pm
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British Courts are a reflection of the British State. ie bollocks.

Be respectfull but persistant in putting your case, but try and offset your nerves but remembering that you are in a bollocks place, full of people who have ownership of a delusional belief that they are superior and are doing a good job.

Offset that cyniciscm by knowing that it is preferable to go through this load of bollocks than to have yourself and your opponant hack at each other with axes to solve the dispute.

You can but hope that the righteous will prevail.

Good luck.


 
Posted : 03/12/2010 10:54 pm
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Seems clean cut on what you've said. Chill. And press for costs (time, expenses in the case) when you win.


 
Posted : 04/12/2010 1:27 am
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If you put your case across as well as you did in the OP, you will be flayed alive.


 
Posted : 04/12/2010 8:06 am
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OLDGIT I read the OP and thought it was OK, You'll be fine. SCOTTCHEGG is just a merde stirring moron.

I've been there a few times and as long as you are respectful and cool, it will all be fine.

PS Lame tag Scotchegg, you arent even smart enough to respond properly.


 
Posted : 04/12/2010 8:44 am
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Posted : 04/12/2010 8:51 am
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good luck on Monday

but, can I strongly suggest you get the mods to pull this thread. In the (unlikely) event that the defense see this it could get the case pulled because you are reporting it before it goes to trial in the press (as it were) It could be seen as prejudicing the case.

Unlikely as I say, but do you want to risk it??


 
Posted : 04/12/2010 9:33 am
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Write down the important things that you need to say before you go in there, and make sure you say them.
The court is there to see that the law is applied fairly, and will listen to the facts put before it.

You'll be fine.


 
Posted : 04/12/2010 9:56 am
 DT78
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Don't use any words like 'possibly' or 'maybe' when answering questions...

Useful reading -

Good luck ๐Ÿ™‚


 
Posted : 04/12/2010 10:36 am
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oldgit,
I'm not sure I get it ๐Ÿ˜ณ
I've read the OP over and over and what I read it is that this ex employee has optained mobile phones fraudulantly by using your company name, please correct me if I'm wrong. So where's the case against you? Or is it that they obtain these phones by claiming to BE you, in which case is it not a case of identity theft? Surely you only have to prove that this ex employee had no right to do that and I'm sure that could be done without the expense of court action?

A couple of years ago my Wifes company(sole trader) received a letter from the local courts asking her to provide details of wages for an employee. This was strange as she has never, ever employed anybody ๐Ÿ˜ฏ So she filled in the form provided explaining this fact. A few weeks of nothing heard and a letter arrived from bailiffs forcing my Wifes company to provide these wages details. Again she filled in the forms provided explaining no employees, ever. Week later a phone call from the bailiffs just to say that they had called at our house that day ๐Ÿ˜ฏ (i took the call) very nice lady at the bailiffs said she was shocked to find a private house when she called, she was expecting a company premise/offices type place. I explained to her on the phone that Wife's a self employed cleaner and has never employed anyone ETC ETC...and we couldn't understand why we should be getting these letters. Bailiff said not to worry as she could cleary see that and had the all paperwork she now needed and we shouldn't hear anything again. Turns out that some ramdom bod has obtained finance by claiming to work as a cleaner for my Wifes cleaning company and the finance company had taken court action against this person. We never have heard anything since.
Begs the question though, how easy must it be to obtain finance/mobile phones/whatever by just giving some random job details or someone else name.

I do hope you get it sorted oldgit, must be worrying.
Do you want me to bake you a cake with a file in it? ๐Ÿ˜›


 
Posted : 04/12/2010 10:56 am
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Maybe think of it like this:

You have done nothing wrong.

They are acting in your best interest.

You are paying - through taxation throughout your life - for these people to enforce justice.

You have no reason at all to be intimidated.

Go in, be calm, request what is your right.

Are you sure you'll even have to say anything?


 
Posted : 04/12/2010 12:01 pm
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Smarty the chap that didn't it doesn't deny doing it.

However he was starting his own business and wanted to use the same number. I've got his business cards with his business name and the mobile numbers in question on them.

What he overlooked was that all correspondence from the phone company had my name on it and he never picked up on this. They thought they were talking to me.
I only became aware when the first bill arrived.


 
Posted : 04/12/2010 1:48 pm
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Good luck Old Git


 
Posted : 06/12/2010 9:53 am
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Yup, Good luck!


 
Posted : 06/12/2010 9:54 am
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Let us know how you get on!


 
Posted : 06/12/2010 10:07 am
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Make sure you clarify every single question asked of you, repeating it back to the questioner if needs be, just so that everyone knows in what context you're answering. I once got shafted because the magistrates didn't understand the difference between "are you aware" and "were you aware".


 
Posted : 06/12/2010 10:18 am
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The phone company didn't show, they faxed the court this morning.
After twenty minutes he was tapping the desk thinking about throwing it out. As they had not really given any real details as to what they were 'doing me for'

Also the the judge made dismissive remarks and physical (mimicked screwing up a piece of paper and throwing it over his shoulder!)actions when he was explaining that no one can act on my behalf without my consent.
If the phone company said that my collegue claimed to be acting on my behalf, the judges actuall words were 'so what' they need my permission.

Back in a month or so, not counting any chickens though.


 
Posted : 06/12/2010 12:47 pm
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Positive though!
Fingers crossed mate.


 
Posted : 06/12/2010 1:00 pm
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Game on!


 
Posted : 06/12/2010 2:21 pm
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toys - I never, ever put tags on posts. You're bithcng at me for someone elses opinion of you.

Having read your post in reply to mine, I understand why.


 
Posted : 16/12/2010 2:52 pm
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^^^
Welcome to last week


 
Posted : 16/12/2010 3:37 pm