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Breezy Girl

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  1. Hello Guys... Thank you for all your good advice. She won't drive me out because it's our living. We can't afford to leave or we probably would have done by now but we chose to stand up and fight her! Anyway, we have had the police up to her several times and the neighbours that she incites as well! We have dates photos etc but we have decided to just keep a log and bide our time! The thing is mny partner's sisters have now sided with her out of jealousy I think so he has no family now either...apart from mine! We have turned off the water permanently now and i am writing to the Water board to see if they will do something to help us but I think it's doubtful....watch this space and thanks. PS A friend is installing cameras next week for us as he has a couple of old cameras not needed any longer! That should stop her! Also should find out whether Veolia will release the tape of the call wrongly reporting us.
  2. Neither! The neighbours tried to prevent us carrying on our business at our premises even tho we had been running the business there since 1962. They told the local council, and it sounds too ludicrous now when I put it on paper, but the council, rather than investigate, placed an enforcement notice on us and we would have had to close down if we had not decided to appeal to the Secretary of State for the Environment. We won the case with costs but we are still out of pocket. Also, 2 of our tenants left because of it. The neighbour launched a campaign to close us down and went around lobbying for local support. She managed to get lots of locals to back her but in the her summing up after the Public Inquiry(attended by rent a crowd!) the Inspector really tore into them all. The neighbour is still difficult...she constantly stops traffic in the lane and complains about the traffic when there is less than there ever was. She just wantstot put us out of business. We face constant harassment every day.
  3. Hi Everyone... I hope someone can help me! I have had a water bill of £573 when it is usually £25. We have had a lot of harassment from a neighbour, even been to Court and won but she just won't leave us alone! During the hose pipe ban, someone rang Veolia and accused us of washing cars in our field! We never take cars into the field and certainly wouldn't wash them in there. For one thing the field is too wet in winter to get a car in! We are trying to obtain a copy of the tape from Veolia as they won't disclose the persons name but they tape the call. Whoever turned the tap on, climbed over the field gate and turned it on while the hose was attached so that the hose dribbled for months. We rarely even go into the field and never hardly use the tap so it was not discovered for months! The result is a huge bill which I just cannot pay. What I can't understand is why didn't Veolia alert us when they read the meter the first time? Surely they must have realised there was a problem! My question is...how can I get out of paying this bill? What is the best way of getting Veolia to take pity on me? How do I stand legally? I have a threatening letter now...they are going to cut the water off....I don't use it anyway, but they will issue court proceedings. Thank you.
  4. Hello Els I cannot cut and paste the scan doc as it is a pdf and when I paste it onto the CAG web site it scrambles! Shall I e mail it to you then you can see if you can post it on the CAG forum? Breezy
  5. Hi elsinore and slick Thanks for your help. I don't think there is anything. What I'll do is take the papers to court today as they need to be in then scan in their defence onto the forum so that you can see it. Then if you believe it looks dodgy I will withdraw. What a nuisance after coming all this way! Thanks Breezy
  6. Uh oh! I have just read the thread by zootscoot re: 'not advisable to make a business claim yet'!(Due to OFT result today) Too late for me as I am already almost there. I haven't taken my court bundle in to court. It is due in tomorrow latest. But obviously already have a court date etc. If I give up now I won't get my money back in fast track court fees which is over £550 as it stands!!? What shall I do? Breezy:sad:
  7. Hello elsinore Thank you for the reply. I have pm'd you the POC and I will also post it on here as it may help others. I am claiming in the liquidated Business name so that I could request for payment from the IP. I felt it would be less complicated that way. I have copies of the original Guarantee from Barclays and various other doc's to show my partner paid them personally. Here is the POC: Particulars of Claim XXXXXXX was a Director of XXXXXXXXXXXXX Ltd. In approximately August 1991, the Claimant, XXXXXXXXXX, opened a Business account number XXXXXXXX, sort code XXXXXX, with the Defendants. The Claimant believes this was on the defendant’s standard term and conditions. There was no negotiation on these terms it was a take it or leave it policy. In fact the claimant had no option but to agree to the terms, as he would have met the same reply at any other Bank. After going through the bank statements the Claimant discovered that the Defendant had applied charges to the current account from 21st May 2001 until 24th June 2004 totalling £4,965.00. An itemised breakdown of these charges are entered as attachments (attachment B1) On the 22nd February 2007, the Claimant sent the Defendants a letter by Royal Mail Special Delivery, informing them that he believed the charges were a penalty charge (attachment C1). The Claimant then asked the defendant to confirm/prove that the said charges were a true reflection of the defendants administrates cost, or refund the said charges. Regrettably the defendants refused to do either. In addition the claimant also requested that the defendants highlight which clauses in the defendants Terms and Conditions they were relying on to make these charges, moreover to point out each term that the said charges had been applied against. Again the Defendants refused. Because the defendant has continually refused to prove that they have any legal right or contractual right to apply the said charges furthermore they have refused to offer any evidence that the said charges are a true estimate of the administrative cost involved. The claimant has been left with no option but to issue a claim. It is the claimant’s contention that the defendant’s charges are a disproportionate penalty and therefore are unenforceable, the claimant relies on the following Common law Principles (Penalty charges are irrecoverable at common law) The precedent for this was: Dunlop Pneumatic v New Garage [1915] AC 79. Lord Dunedin set out some tests that are considered even in modern cases when the court is asked to rule on penalty charges. They are; 1) If it is "extravagant and unconscionable" i.e. that the cost incurred by the business because of the breach is lower than what the consumer is being expected to pay because of the breach. 2) It is also a penalty where the consumer is to pay a larger sum due to failure to pay a smaller sum. It was held that a contractual party can only recover damages for an actual loss or liquidated losses. Murray v. Leisure play [2005] EWCA Civ 963 “English contract law recognises that, if the parties agree that a party in breach of contract shall pay an unjustifiable amount in the event of a breach of contract, their agreement is to that extent unenforceable” CMC Group Plc And Others V Zhang [2006] EWCA Civ 408. “'Whether a provision is to be treated as a penalty as a matter of construction to be resolved by asking whether at the time that the contract was entered into the predominant contractual function of the provision was to deter a party from breaking the contract or to compensate the innocent party for breach. That the contractual function is deterrent rather than compensatory can be deduced by comparing the amount that would be payable on breach with the loss that might be sustained if breach occurred.” The claimant claims from the defendant a sum equivalent to the total amount unlawfully debited from the claimant’s account being £4,965.00. The claimant further claims interest pursuant to s69 of the County Courts Act 1984 at the rate of 8% per annum, being the sum of £2,352.85. The claimant further claims the court fee of £225.00. The claimant respectfully requests that the court makes an order for standard discloser, when issuing this claim, as the defendants have continually refused to supply any requested information. Statement of Truth I believe that the facts stated in these Particulars of Claim are true. Full name: Name of claimant’s solicitor’s firm Signed: Claimant
  8. Hi anyone who can help! I have completed my statement of evidence etc. Can anyone tell me whether I have made a boo boo here please? In my original POC I did not refer to the fact that my partner paid off the bank. I did it as a straight claim firstly because I didn't really know what I was doing at the time and secondly because I intended to claim the refund from the Liquidator on his behalf and to treat him as a creditor. I have proof that he paid the guarantee to the bank. Now I am not sure if I should change this and I am not so sure I'd be able to anyway. Can anyone advise me please as mine is not a straight forward claim? Thank you Breezy:?:
  9. Hi Slick I'm sorry to be so ignorant but do I need to include in my bundle, a statement of evidence? If so, there is one on #55 on this link posted by Ian http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/53570-new-strategy-allocation-questionnaires-3.html I know this relates in the main to consumer but maybe I could adapt it if a S of E is required. I am also trying to show that my partner signed an unlimited guarantee for his business in favour of Barclays and he paid off all the debts to Barclays so that he was able to keep his house. Should I include the following as evidence: Correspondence Schedule of Charges T&C's Bank Statements Transcript of Interview with Peter McNamara Relevant Case Law Summary Early Day Motion from the House Dunlop v New Garage UCTA 1977 SOGA 1982 OFT Summary Copy of Unlimited Guarantee in favour of Barclays Bank Copy of Decree Absolute Consent Order referring to requirement that Claimant discharges all debts to Barclays Bank Copy of Particulars of Claim for Possession in favour of Barclays Bank dated November 2004 Copy of Witness Statement of Legal Assisstant from Barclays Bank, outlining debt to Barclays Bank by claimant Copy of Legal Charge on Claimants property. Thanks Breezy
  10. Slick you are a saint. Thanks so much will pm you straight away. The directions say that it has been allocated to the small claims court. the hearing will take place at 14.00 on 30/5/08 at Hertford County Court 4th Floor Sovereign House Hale Rd, Hertford and should take no longer than 2hrs 30mins. A hearing fee has been paid of £300. Then it just says about the copies of docs no later than 25/4. I am praying that the bank cough up as I am terrified!!! Breezy
  11. Hi Well - I started my claim on behalf of my partner and returned the AQ and guess what....it wasn't stayed by the Judge. I have paid the hearing fee and have a court date of 30th May! I cannot believe it. Anyway, problem is that now I have to send in my bundle and I need T&C's for the year 1978 when the Business Acount was opened. Can anyone help? How important are these T&C's?? Do they need to be from the year the account was opened? Thanks Breezy
  12. Just to inform anyone who is interested that the treatment was sanctioned after my doctors report was complted. I'm and all done and dusted now but after my poor treatment I returned to BUPA!! Breezy Girl
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