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t1grm

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  1. Hi all, I have reviewed the small claims guide and the county court guide and I have decided to proceed using CPR27.9 as I am currently abroad. I'm trying to pay the court fee by phone. I've phoned the county court helpline twice now (a 50min wait each time). All they do is email the court to phone me back and take payment. I missed their call back today, had to phone the helpline again. It's an extraordinarily inefficient process. I'm confused as to whether to issue form N215 or N265 next. I would like to use the following information in court: Witness statement (from me) Email correspondence with the defendant Technical information downloaded from the HMRC website Which form should I use or both? The county court would not confirm this to me as they say it constitutes legal advice! Regards using CPR27.9 is there any form for that or do I just write a letter to the court telling them I will not be able to attend and why, asking them to consider the case in my absence? The helpline said there is no guarantee that my evidence will be accepted if I do this.
  2. I posted a new thread as the last merge got no replies. If they are sending a legal rep don't they have to declare this on the N180 (they didn't)? If they send a legal rep and I loose will I have to pay their legal fees?
  3. I filed a claim with MCOL which has been defended and transferred. Both parties have said yes to question D1: "Do you consider that this claim is suitable for determination without a hearing" but the court has scheduled a hearing. Can I appeal this? The local court doesn't respond to my emails and the deadline to pay for the hearing is approaching.
  4. Hi all! I filed a small claim about an export VAT dispute with an online store back in June last year. The defendant has filed a defence and directed questions (N180) have been returned by both parties. A hearing has been scheduled for 29th February for which I have to pay £59 by 1st February if I want to proceed. Before deciding whether to continue I have a few questions: 1. The defendant has declined to go to mediation (question A1) whereas I said yes. However, we have both said yes to question D1 “this claim is suitable for determination without a hearing” but the court has still set a hearing for 29th February. Since we both said yes to D1 can I dispute the court’s decision to schedule a hearing? I have already emailed them to ask this. 2. If it goes to a hearing, will the fact that the defendant declined mediation count in my favour? Should I contact the defendant and ask them why they declined mediation and offer it again? 3. The defendant didn’t answer all the DQ’s correctly: a. For question C1 “Do you agree that the small claims track is the appropriate track for this case?” they declined the small claims track just but restated their defence in the box instead of saying why and which track they would prefer. b. For question E2 “Are you asking for the court’s permission to use the written evidence of an expert” they have mentioned confirmation from an accountant but not given the name of the accountant or the cost. Can I use either of the above to invalidate their defence? 4. If defendant no shows for the hearing would there be another hearing, or would a judgment be made in my favour in their absence? It’s a 300-mile round trip for the defendant. I’m surprised they are prepared to make this for a £600 claim. The defendant is a business. Any advise greatly appreciated. I would really like to avoid a hearing if possible. It makes sense for everyone as there are significant travel expenses for both parties to attend a hearing. I am currently abroad.
  5. Yes I would like to use mediation. They have filed a defence online. The current status is: "DQ sent to <defendant> on 7/7/23" I have not been requested to return a DQ and it looks like the defendant has not returned their DQ yet. what happens if the defendant disputes the claim but does not return a DQ? Can I request a judgment and how long have the DQ request do I have to wait? Filled out the N180 but it says: Once you have completed this form, please return it to the court at the address shown on the form N149A - Notice of proposed allocation to Small Claims Track. I don't have an N149A so where do I send it?
  6. I have filed a case on MoneyClaim Online for this and the seller has decided to defend the case. The user guide states: "If you want to proceed with your claim upon receipt of a paid, full, or part defence, you must notify the court by following the directions enclosed with the copy of the defendant’s response." The defendants response just states their defence (which I disagree with). There are no further instructions. The current status is DQ sent to <defendant name>. Am I supposed to do something or do I just wait for now?
  7. I just ordered some doors and skirting off a UK company on the internet for export to Malta. Before I placed the order I checked if they could supply ex-VAT for export, using my own forwarding agent, and they said I would have to pay the VAT when placing the order but they would refund the VAT once I provided proof of export to Malta. I have used this process with other online suppliers before. I placed the order and paid the UK VAT, the goods were received in Malta and I have also paid VAT in Malta. I have sent the customs invoice from Malta to the UK supplier as proof of export but now they are refusing to refund the VAT. They say I will have to claim the VAT back myself which I can't do as I am not VAT registered. Now I have paid double VAT of about £500 each in UK and Malta. I'm pretty sure the supplier is at fault here and doesn't know what they are doing. Other suppliers have not had an issue doing this. The supplier is not very responsive and is now just ignoring my emails. I'm thinking of filing a small claim against the supplier but am not sure which legislation if any they are in breach of. Any thoughts?
  8. Yes I agree but the solicitor doesn't want to and says I'm wasting my time. So how do I force the issue? Go direct to the employer or insist the solicitor asks again against their advice?
  9. Hi all, I’ve managed to get myself into a bit of a mess negotiating a settlement agreement with my employer. I’ll try to summarise a long running and complex situation as briefly as possible below: I have been with my current employer for 4 years. My employer ordered me to relocate and I refused. My employer threatened me with disciplinary action for breach of contract (termination) if I refused to relocate or resign. I hired a solicitor on a no win no fee basis to threaten unfair dismissal and negotiate a settlement package. The solicitor’s fee was 25% of any settlement which I believe is about average. After two months of negotiations my employer completely unexpectedly reversed their decision and said I could continue to work in my current location. Whilst at first glance this looks like a good result, the solicitors’ terms state they will charge 25% of three months’ salary if I remain in employment. I knew this when I signed up but did not consider it an issue since my employer had already threatened me with dismissal and had made it clear I could not continue to work from my current location. By changing their mind, they have completely changed the dynamics of the situation. I asked for an ex-gratis payment to cover the lawyers fee and my employer refused. My solicitor has told me if I refuse the settlement and resign, I will still be liable for 25% of three months’ salary because they have negotiated a settlement and I have refused it. So now I am in the situation of having to pay a month’s salary to keep my job or paying a month’s salary if I leave. This seems unreasonable to me. So now to the current situation: I have reason to believe that my employer has refused an ex gratis payment as they are unaware of the solicitor’s negotiation fee and think I am just being greedy asking for more money. They have already agreed to pay the solicitors contract review fee as part of the settlement which is separate to the negotiation fee. The solicitor would take 25% of any ex-gratis payment as part of their fee and any remaining amount would go towards the 25% of three months’ salary. I feel that the solicitor does not want to push for an ex-gratis payment as they are more interested in protecting their fee than representing my interests. They do not want to reveal their charging structure to my employer as they fear my employer will use it against them as a negotiating tactic and try to reduce the percentage. I am thinking of initiating a protected/without prejudice conversation with my employer to explain that I am not simply digging for more money but will struggle to pay the lawyers negotiation fee which they are most likely unaware of. Is this a good idea? Is it normal that the employee picks up the negotiation fee in these situations or should I push back on this?
  10. Thanks. I don't think I'll bother. It was just a shot in the dark since I saw he was in UK now. I might ping him an email care of his agent asking for my money and threatening legal action to see if that has any effect.
  11. Thanks, both parties are in the UK so not sure that route would work after Brexit.
  12. Back in 2007/2008 I rented a flat in Amsterdam. The landlord never returned my 3000 EUR deposit. He gave me lots of excuses including saying he'd sent it when it hadn't arrived and eventually stopped returning my calls and email. The landlord has subsequently popped up in London and I have his address. He a small time TV producer and his contact details are all over the internet including IMDB. Is there any point in putting in a small claim? I still have the rental agreement and bank statements form the period proving I paid a deposit and received nothing. I'm guessing the small claims court would knock it back on the basis of time elapsed or they have no jurisdiction. Would England and Wales rental law apply to this case? I'd long written the money off but since his name and address popped up on my radar I thought it might be worth a punt on around £50-£100 for small claim if there's half I chance I might get some money back.
  13. I need to repair the lead flashing on my side of a firewall on the roof of a Victorian terrace. It will involve hacking off the cement on my side, installing new lead and reapplying cement. Do I have to notify my neighbour under the party wall act before getting this work done? I was under the impression minor work was not notifiable. I would consider this minor work. From the party wall act: "Some works on a party wall may be so minor that service of notice under the Act would be generally regarded as not necessary. Things like:  drilling into a party wall to fix plugs and screws for ordinary wall units or shelving  cutting into a party wall to add or replace recessed electric wiring and sockets  removing old plaster and replastering may all be too minor to require a notice under the Act." The neighbour has got wind of what I am doing and has asked for written grantees that I will cover the cost of any impact on his side and is threatening to invoke the party wall act if I don't I don't want to write him a blank cheque as his side of the firewall is probably is as bad a condition as my side.
  14. I recently let a property and instead of placing a deposit the tenants took out deposit insurance. This is the first time I've done this. Apparently it's a new thing and becoming quite popular. I think the policy was sold to the tenants by the letting agent and the letting agent assured me the insurance was as good as a deposit. Last May the tenancy ended and I had to make a claim on the deposit for some repairs. The tenants have disputed the claim and the process is going nowhere. I am dealing with the agent and, as far as I can tell, they have just spent the last 8 months trying to convince the tenants to pay up and haven't involved the insurance company at all yet. It seems to me the tenants have no incentive to come to a settlement because they have no deposit at risk and have presumably already paid the insurance premium. I have asked the agency to refer this to the insurance company several times but they seem reluctant to do this and keep negotiating with the tenants who, in turn, keep delaying. The whole process is going round in circles. I have received no documentation relating to this insurance so I don't even know the name of the insurance company to see if I can complain to them. There is a clause in the tenancy agreement in lieu of the deposit clause saying insurance is required and I should receive a written copy. I have requested that. It looks like I have been sold a pup and the insurance is not worth the paper it's written on - assuming it even exists. Needless to say I have not accepted deposit insurance on any of my properties since. Does anyone have any suggestions on how I can formally move this forward? Should I be taking action against the tenants, the agent or the insurance company?
  15. Yeah I think you're probably right. I cancelled it anyway because the balance was due on the 10th July and I thought if I held out for an alternative and rejected it I might loose my deposit. Virgin are not answering calls from anyone not flying within 14 days by which time the balance due date will be well past. I didn't want to pay the balance just to keep my deposit and get it all back in 4 months. Better to cancel the whole thing and get my deposit back now. The holiday is in October so I think it will be fine to travel by then. I still plan to take a holiday on the same dates but I doubt I will get 10 days in the Caribbean (or anywhere long haul) for the same price so will probably go somewhere in Europe. It's just frustrating when I see basically the same holiday advertised on the same dates but for 50% more than the one they just cancelled. I'm not too worried about Covid 19 and plan to travel as soon as the quarantine rules are lifted.
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