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Tara100

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  1. Hello. I've made a mess of things by not exploring the group properly before posting I was signposted elsewhere last night to come here for help with the court claim process, and didn't realise the groups purpose. I apologise for wasting your time, that wasn't my intention at all, but I would like to return to start afresh, and tell the full horror story in the future (which includes Trading Standards involvement) So sorry, and thank you.
  2. Hello I'm sorry if I have caused any problems. I was trying to keep things brief really, so was going straight to the defendants address problem. Can I please please request that I do not give the traders' business name publicly? I live alone, and I am considered a vulnerable person for other reasons. Obviously the defendant will not be happy to be sued, but I there are safety reasons for why I wish to remain as hidden as possible until this matter goes to court. I can give admin the traders' business details privately if that helps? A used car was purchased from an independent dealer mid March this year. I have followed all steps prior to beginning a MCOL - letter rejecting car within 30 days of purchase, then followed with 'pre court action' letter (both sent by CAB templates quoting consumer law and mentioning ADR etc) giving full reasons, along with independent vehicle inspection report / DVSA MOT inspection failure info and other evidence, such as 40+ photos total from myself and the inspector, plus video clips) The car was dangerous / not roadworthy when sold, and should not been given an MOT pass day of purchase, and the service purported to have been carried out same day was false - the independent engineer inspection states this. The trader wouldn't take the car back, downplayed serious issues, and was then was unresponsive, that is until they received the pre court action letter, which triggered them to respond. They then said they would take the car back, and refund me after the car was back with them, but will not reimburse any costs under any circumstances - I had sent them receipts for a follow up MOT, and independent inspection report and more. The car though undrivable, also has to be parked through no option on the main road, so I still have to cover tax and insurance etc. I explained all the costs fully to the trader, and none were unnecessary. I have gone weeks without a car and it has left me completely isolated from family and the community. I avoided hiring a car as I couldn't afford £300 a week for the cheapest there is available, and then there would be the risk that a judge may not consider a hire car as necessary. As their response was unsatisfactory, to still try to resolve matters, and beyond the timescale to respond to the pre court action letter, I voluntarily wrote again offering the trader further time to reconsider, so that court action was not necessary for either of us. That was seven weeks ago, and the trader has not responded since then. I have done all I can I believe. The Consumerline has advised that because the traders' offer was unsatisfactory, that I do not need to do any more, and can make a full claim with the court. (On top of this a legal advisor who has dealt with similar, said do not let the car be picked up, for a refund to come at a later date - he has had clients where they lost the car as well as their money. Because of the trader's behaviour so far, it is not unreasonable to suspect this could happen to me. Whether a judge will frown on this I don't know, but it was a risk I felt I couldn't take) I have had differing opinions on who I should sue from three legal advisors - I've been grateful for their help, but it has left me confused on processes. Because the trader insisted that 99% of the purchase money was sent to their other business, one legal advisor said I should sue the trader personally, and the two businesses, and the salesperson who dealt with me who signed all paperwork. Then another legal advisor said no, I should only sue the business where I purchased the car, and that the others and the other business where the money went do not matter for the court claim, so I am going with with the latter. I hope this is the correct way to go. So going back to the issue where MCOL and legal advisors currently disagree (I made another phone call to MCOL helpline this am) The trader moved their car sale premises last summer. I have proof of this. Their current address where I bought the car from and where they have signed for my 24 hr tracked letters letters, is not the registered address with Companies House - their old address is still stated there. Because understandably court staff do not look at notes made, and only look at the defendants address to serve papers, if I follow correct procedure and use the Companies House registered address, the defendant will then not receive court documents. On the other hand, if I state the true known traders' address, I am not following court rules. The position now, is a legal advisor is saying still use the Companies House address, but a MCOL helpline agent today, said although they cannot fully advise, in my shoes they would use the address where I know the traders' business really is. Reposting the link from last night, *I think* this is what the 'PART 6 SERVICE OF DOCUMENTS' is saying too - but I can't be sure when it's a company being sued. Please see point 6.9 and info going onwards: PART 6 - SERVICE OF DOCUMENTS - Civil Procedure Rules WWW.JUSTICE.GOV.UK I so want to start this MoneyClaim, as my anxiety is through the roof. Same time, I am worried sick about a case collapsing because I haven't followed procedures. I even have bad dreams about driving / crashing due to brake failure in random cars - I can't believe the worry is even affecting my sleep. I forgot to add, that I did pay £50 deposit for the car by credit card. An advisor told me a Section 75 claim would apply, but I wouldn't receive any of the costs I've paid out, and still incurring. Thank you.
  3. Re: Court MoneyClaim. Apologies, but I couldn't see the right place to post this query. Hello. I am now starting the claim with the online money claims service, for an amount under 10k (over 5k) It involves a used car trader who is registered as a limited company. They moved premises summer 2022, but haven't changed their details with Companies House. I am quite certain they have no dealings with this registered address anymore. This is causing me huge problems with the court claim... I purchased the car this year from their showroom at their new address, and also this is where the trader has read and responded to letters, including a pre court action letter. I am at the step online of adding the traders' details in the online MoneyClaim, but if I give the old address, I am knowingly allowing court documents to not get to the trader (apparently the trader can then dispute not receiving the claim later on, if my case goes to default through the traders' non responsiveness) But, if I state the true address where the traders' showroom is, then I am going against the rules for adding the Companies House registered address. There is no box to add an explanation. Most recent advice given by email, is to 'send a copy to the new trading address' - what copy this is, I don't know. Any docs from the court will still go to the old address where the trader has no access to anyway. I feel there will be a complete mess up... The MoneyClaim online form does not allow for any important notes to highlight, and neither does the paper version. I have called the money claims helpline for advice, but they said I need legal advice, which they are not allowed to give. I did try saying I just need to know how or where I can state this issue. All I can find online that may be helpful, is section 6.9 here, but the jargon is going over my head: PART 6 - SERVICE OF DOCUMENTS - Civil Procedure Rules WWW.JUSTICE.GOV.UK I really want to get this claim started, but my head is spinning. Can someone help me please? Thank you.
  4. What else can I tell you?! I've told you everything. Dates aren't going to make a jot of difference to this post, and I'm sorry, I'm not posting my town for the safety reasons I've already given.
  5. I've now posted the whole story. RM customer services have all the dates concerned.
  6. The whole story... Damage began years ago, when another postman rammed a package through the letterbox, smashing the back off the letterbox, with components and springs on my hall floor. The package was ruined too. I complained to RM, and received a book of first class stamps as compensation, and had to pay £14 for a new letterbox. After that, the postman left parcels on my doorstep, and never knocked the door. I live in a main road, so they were easy to steal whilst I was at work. This postman would never close my wooden gate thereafter, and it would smash and bang in the wind all day, which damaged it. I didn't raise a complaint about this, but put a note on the gate asking for them to close the gate. That was ignored, so for safety of my property and concern over theft of mail, I permanently locked the gate, and put another note up saying that mail had to be delivered at the rear of the house now. This was no effort for the postman, as he had to use the rear lane to deliver mail to other neighbours daily, and had to pass the rear of my house. I had a mailbox put out there specifically, so that they didn't have to deviate far from the lane to give me my mail. Approx 2ft only. Then my mail stopped being delivered, or was sent to the local pub, or funeral directors across the road or next door offices. No card was ever left, so I had to knock doors constantly to see if anyone had my mail. This went on for a long time, then our round was given a new postie who was really friendly and would be pleasant when he saw me, and I always got my mail. Then that all changed, and the round became a 'relief' round (he told me this was going to happen) Every other day, we were getting a new post person, who reverted back to sending my mail all over the place, plus I had to go and regularly deliver my neighbours mail back to them. Bearing in mind that I am physically disabled, and the sorting office manager know this, as I wrote to the manager telling him I couldn't cope with trying to obtain my mail anymore. He didn't respond, so after 3 weeks had passed, I called RM to make a complaint. From there, the situation has just got worse and worse. The 2nd damage was done by another relief postman who put his bag on my wall, and knocked down potted plants. The smashed pots and soul I couldn't get up to to disability, so I asked RM for someone to come around and clean up the broken pottery and soil. The postman did take photos at the time, and admitted he'd caused the damage, which was good of him. The delivery manager ignored communication from the RM customer service team, and they had to escalate their complaint with him at that point. He finally responded weeks later, but never sent anyone to clear up the mess. I had to ask a neighbour to do it, because when it rained, the soil washed around blocked my drains. RM then gave up trying to contact the DM, and sent me a cheque for £50 to cover the cost of replacement plants and large terracotta pots. The constant relief staff remained, until recently, and this new postman is still coming here daily. 3 weeks ago, he was outside and I heard his device beep, meaning I had a parcel to sign for. I was in my bedroom, so I tapped the window, just about to say I'm on my way. As I tapped the glass about to speak, he shouted "Get down and sign!' He was extremely loud and aggressive. I got downstairs as quick as I could, and when I met him, I said "I'm sorry, I'm disabled and it takes a little while for me to get downstairs" He just stared at me, and handed me the parcel to sign, then left. I went indoors thinking I shouldn't have bothered being polite or apologetic, as he was pretty vile towards me. Then the very next day, was sat in my garden, and heard him telling my neighbour "She's trouble, and she conned RM out of £50.00 for compensation" Now he wasn't around last year to even know I was compensated, and only the DM knew. The DM is the only person who could be instigating this vendetta against me. I have had to make yet another complaint because I was in tears when I heard the postman and my neighbour discussing me. The response from RM is that they are both friends, and that the DM will not be taking any action against the postman. No one has realised the DM is behind it all. Now I have set up 'Mail Collect' so I'll have to go to the sorting office to get my mail somehow once a week, or the mail is returned to sender. I received a letter from RM stating the service will begin 27th August, but this has not happened. I've had mail brought here every day by the postman who breached my confidentiality on the 27th and every day since. I do not want him or other staff from the sorting office to come to my home, but the DM has decided differently. I've had to let RM know that the service has failed, and they logged it as a complaint (I didn't ask for a complaint log) I'm not stating here which town I live in, as i don't know who's reading, and what could happen next. I have to think of my own safety, as I live alone.
  7. Have I posted I'm the wrong place? I could really do with some advice. Thanks.
  8. Hi. I have complained about my postman and the delivery manager previously, spanning years, and I believe they have a vendetta against me. I've had my property damaged twice and had to complain and last time, the DM wouldn't even respond to the RM complaints team, and they had to escalate their end to make him respond. The postman is aggressive, but the final straw came when I heard him telling my neighbour personal info about me (my neighbour is his friend) RM this time have asked the DM to speak to the postman involved and the DM has said he will not remove him from the round. This is crazy, because the personal info the postman divulged to my neighbour, is only known by the DM (details about my previous compensation claim for damage caused by a relief postman) In the meantime, my 'mail collect' instructions have been ignored at the sorting office, so the postman is still coming here.
  9. Hello I am being constantly harassed by the delivery office manager at my local Royal Mail sorting office. This has gone on for many years, and it's escalated to the point where I'm emotionally done. Both he and his post worker on my round have recently breached my confidentiality with my next door neighbour, and I was so distressed that I called RM complaints in tears. Subsequently i received a pathetic sorry letter, saying the postie has been spoken to by the delivery manager, but the delivery manager is the instigator! So I took the matter to the Postal Review Panel, and they've said the exact same thing. No one will investigate the DM and he's supposedly had a word with the postie. That part is near laughable. I've set up Mail Collect, as I don't want the aggressive postman near my property again. I live alone, and I'm disabled, but will get myself to the sorting office to get my mail once a week - anything rather than have that man here again. Well, the service began this Tuesday, and I shouldn't have received any mail. Well guess what, he's still coming here. Yesterday and today, and to make matters worse, he delivered the response from the Postal Review Panel, which he'll be aware if, because their name is emblazoned across the envelope front and rear! The delivery manager is behind this, and had notification over a week ago that my mail was not to be brought to my house. Someone please tell me what I can do. This had to stop. My nerves are shredded, and I've taken all the steps I can so far. *I have tried to register with the Postal Redress Panel who apparently you go to next, but for two days their registration page has been broken, and I've called and left a message and emailed them to say I can't go further forward to register* Thank you for any help you can offer. Regards Tara
  10. Hello I just wanted to add a brief update to let any interested parties know that my daughter wrote to Ali Burns (PA to the Chief Executive of TravelLodge) and the matter has been resolved to her satisfaction. A full investigation is also taking place, so that hopefully, this scenario won't happen to other innocent folks in the future. I want to say a special "Thank you" to you stu007, as your post in particular really helped my daughter put her emotions and feelings into words Many thanks Tara
  11. Many thanks for taking the time to write (and thanks to the other respondents too ) I am encouraging my daughter to take some form of action about the treatment she received, and will post back with any updates.
  12. Thank you My hunch now, is that damage is logged, and occupants are contacted (with threatening letters) if they have stayed within a week or so time period after the damage is noticed. Some will pay, some won't, and sometimes all will pay.
  13. I'd really appreciate an update too (even though the thread is a few monhs old) My daughter has just received the same letter as you, for an alleged £400 worth of damage to a wall on a one night stay at TravelLodge. She is worried sick and says there was no damage caused by her, her partner, or the previous occupants. We really need to know where to go with this.
  14. Thank you for putting my mind at rest. I will see what reply comes back, and then I will mail Andy Hornby - it's all worth a try
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