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    • No, reading the guidance online it says to wait for a letter from the court. Should I wait or submit the directions? BTW, I assume that the directions are a longer version of the particular of claim accompanied by evidence, correct?
    • Thanks for opening, it's been another rough year for my family and I've procastinated a little.. Due to the age of my defaults on this and other accounts (circa 2021), I really need to avoid a CCJ as that will be another 6 years of credit issues. Mediation failed as I played the 'not enough info to make a decision' however during the call for some reason they did offer settlement at 80%, I refused. this has been allocated to small claims track, court date is June 3 and I've received their WS. I'm starting on my WS. They do appear to have provided everything required of them (even if docs could be reconstructions). Not really sure what my argument is anymore but I do want to attend court and see this through. Should a judgement be made against me then I will clear the balance within 30 days and have the CCJ removed - this is still possible isn't it? I'm going to be reading up today and tomorrow and hope you can provide me some guidance in the meantime. Wonder what your advice would be given the documents they have provided? I am now in a position to clear the debt either by lump sum or a few large installments - Is this something i should look into at this late stage? Thanks as always in advance
    • I have now received my SAR. It includes a great deal of information! Is there a time limit on how long account information is kept and/or can be provided to debtors? I have received many account statements which were not previously sent to me. I remember that the creditor should provide explanations of any acronyms and abbreviations that maybe used in the documents. Is this still the case? Also what, if any, are the regulations in regard to adding fees to a debt? Can fees be added to a debt after the court has approved a charge on a property. Perhaps due to the numerous owners of the debt, many payments I made were not properly recorded on the account, some were entered over a year after the payment was made! Following the Legal Charge, I paid every month until my payments were refused. I am trying to compute the over payments, but the addition of fees etc. is confusing me. Any comments and/or help would be appreciated.
    • did you submit your directions
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A company that can give evidence about damage?


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After not having made a claim in my life, I made a claim last year on a laptop worth about £300 that I dropped. Legal and General invoked the fraud clause as their company (CIIS???) said that the damage to the laptop wasnt consistent with my account. So I went to the ombudsman as now I have no insurance and a really worrying black mark against me that will cause all sort of problems and they said that I need evidence to balance out their experts.

 

Basically I've hunted around everywhere and can't find any firm that can provide evidence as to whether the damage caused to the laptop is consistent or inconsistent with my account. Does anyone have any ideas of any such firm that could examine the laptop? It's not a forensic examination - it's a damage assessment one. I know it will cost but I'm innocent and p*ssed off.

 

Thanks in advance

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This firm might be able to help, but I am sure they will charge you a lot more than £300 for a report which you may not be able to recover. If they can't help I am sure they will know someone who can. You will probably need to litigate in the small claims court. Good Luck.

 

Remember that the expert may not give you a report which you agree with but you will still have to pay for it.

 

Alban Consultants Limited

Occupation: Information Technology Consultants Qualifications: BSc(Hons), DPhil, CEng, FCIArb, FBCS, DipFrench Explanation of

Qualifications: Bachelor of Science (Honours)

Doctor of Philosophy

Chartered Engineer

Fellow of the Chartered Institute of Arbitrators

Fellow of the British Computer Society

Diploma in French (Open University) Organisation: Alban Consultants Limited Address: 3 Sandridgebury Lane

St Albans

Herts

AL3 6DD

(View Location Map)

(View Aerial Photo) Office Telephone: 01727 851423 Home Telephone: 01727 851423

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The FOS could take a long time to resolve this. Some complaints are taking way over the 6 months mentioned on their site.

 

Have you thought about taking this to Court instead, using no win no fee specialists solicitors that deal with Insurance claims disputes. Some of these may be aware of specialists that can provide witness testimony about damage to electrical equipment.

 

The problem with the FOS, is that if you have a report backing your case and the Insurers have one backing theirs, it is stalemate. I have read many cases, where the FOS have sided with the Insurers, because the Insurers have put forward a more persuasive case, using experts that are used to submitting cases to the FOS.

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The FOS could take a long time to resolve this. Some complaints are taking way over the 6 months mentioned on their site.

 

Have you thought about taking this to Court instead, using no win no fee specialists solicitors that deal with Insurance claims disputes. Some of these may be aware of specialists that can provide witness testimony about damage to electrical equipment.

 

The problem with the FOS, is that if you have a report backing your case and the Insurers have one backing theirs, it is stalemate. I have read many cases, where the FOS have sided with the Insurers, because the Insurers have put forward a more persuasive case, using experts that are used to submitting cases to the FOS.

 

I did think that and was going to go and pay for two! Primitive I know but then was looking to issue a summons subsequently (assuming they find for me) to get my money back if they don't accept the FOS decision and refund my costs. The FOS has taken over 6 months and its been painful but, ignorant as I am, i though this was the correct recourse before litigation. Always think courts shld be used and want you to use them as a last resort. Interesting thought though - know any appropriate no win no fee who wld specialise in this?

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This firm might be able to help, but I am sure they will charge you a lot more than £300 for a report which you may not be able to recover. If they can't help I am sure they will know someone who can. You will probably need to litigate in the small claims court. Good Luck.

 

Remember that the expert may not give you a report which you agree with but you will still have to pay for it.

 

Alban Consultants Limited

Occupation: Information Technology Consultants Qualifications: BSc(Hons), DPhil, CEng, FCIArb, FBCS, DipFrench Explanation of

Qualifications: Bachelor of Science (Honours)

Doctor of Philosophy

Chartered Engineer

Fellow of the Chartered Institute of Arbitrators

Fellow of the British Computer Society

Diploma in French (Open University) Organisation: Alban Consultants Limited Address: 3 Sandridgebury Lane

St Albans

Herts

AL3 6DD

(View Location Map)

(View Aerial Photo) Office Telephone: 01727 851423 Home Telephone: 01727 851423

 

Cheers for that - think I've tracked down a few firms now but will give this one a try. Really beyond the money thing now - I did drop the bloody thing so I know i have truth on my side. Just really really worried about the black mark against my name and that getting insurance for the rest of my life now will mean I have to say I have had insurance refused because of fraud. Will try this firm - u used them?

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I did think that and was going to go and pay for two! Primitive I know but then was looking to issue a summons subsequently (assuming they find for me) to get my money back if they don't accept the FOS decision and refund my costs. The FOS has taken over 6 months and its been painful but, ignorant as I am, i though this was the correct recourse before litigation. Always think courts shld be used and want you to use them as a last resort. Interesting thought though - know any appropriate no win no fee who wld specialise in this?

 

Not used a no win no fee company to be able to recommend. Perhaps others can offer up names of companies that have helped them.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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No solicitor will take this on as a no win no fee because it is under £5,000 and therefore they will not be able to recover their costs. You would have to do it on a normal retainer basis and pay them their costs even if you win.

 

The only way you could possibly get a firm to do it on a no win no fee basis is by litigating the matter yourself and trying to get the Judge to place it into the fast track - on the basis of the need for specialist expert knowledge, although this is unlikely to happen. If you can manage to get it into the fast track then firms would be more willing to take it on as they can get their costs back and a success fee on top.

 

However, if the Court does place it into the Fast Track then you will also be liable for the costs of the Defendant if you lose, which could be up to about £10,000 or more if they get their own specialist expert report and you defend it to trial. Remember that even if your expert says the damage is consistent with dropping it, if the Defendant's expert disagrees with this then you may still lose if the Court sides with the Defendant's evidence. Nothing is certain in litigation.

 

See if you have legal expenses insurance through your home, car, credit card insurance/etc policies and if so, you may be able to use this to get a solicitor inistructed and the insurance will pay your fees, win or lose.

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