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tibar

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About tibar

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  1. Many thanks for replies. Yes I feel that you are both correct and I shall withdraw the claim. I instigated the claim through the small claim process and agreed to mediation. They were fully aware of my disabilities, I was a regular there and used a disability scooter and walking aids. I clearly requested to use the toilet because of me being disabled and that I was in urgent need. My request plus their refusal are on the audio tape, which incidentally they have supplied. I also offered to leave straight away if I was allowed to use the Loo, this prompted the comment of "Go behind a hedge". I understand now that I did not seek advice before I issued proceedings, however I did not seek confrontation. I held a genuine belief that a Public House must grant toilet access to a disabled person regardless of a personal dislike, I was not abusive. I seem to have got it all wrong. The owner chose to instruct a solicitor who has threatened thousands of pounds cost claim. I am hoping that this is bluster and I am in the process of posting, on here, a copy of the claim plus the email from the solicitor which makes the threat. This will be posted next week as I need my Son to assist me. I feel such a fool now however I am grateful to all on here who have given this sobering advice. Kind Regards tibar
  2. Thanks PIXel, Yes I might well consider using social media. The owner following me into the toilet was disgraceful and I have irrefutable proof of this (Audio Recording). He also clearly states, on the recording, whilst he was disallowing me the use of the toilet, that I could go behind a hedge. I am very frail. Thanks again. -- tibar
  3. Many thanks again. Yes her comments were often witnessed but I have missed the boat on all of this and I was just of the impression that the toilet refusal would have sufficed. This happened last summer. I blame my self for not taking formal details, photos etc, and submitting a formal complaint but I was anxious to avoid being considered as not being able to take a joke. This however resulted in a concerted Witch Hunt against me. Time has softened my resolve somewhat and as long as I am not hit with a massive shock at court I feel that I should continue. However if the consensus of opinion is that I shall probably lose i might just throw in the towel and withdraw. I shall dig up the court details and the solicitor`s email and submit it on here if that is OK? Once again many thanks and regards, it really is appreciated. -- tibar
  4. Re the short measures. I have always been put out when I receive short measures but usually there is no problem, just a request to "Top it up please" does the trick. However in this pub and especially with the female manager it had developed into an issue. She would say. loudly, you like flat beer do you Mona Lisa? I was also called by her a `Raspberry` Rhyming slang for a Raspberry Ripple IE a Cripple. Non of this was correctly documented by myself in an official manner and I realise that I can not use it. I just can not understand why I continued to use the pub. I will check about the court details but I am thinking about just walking away. Just hope that if I pull out that it would be an end to the matter. As stated the owner is a wealthy man, should have said VERY wealthy, and I have already cost him a lot of money. I will be back in touch. Kind regards again, much appreciated. -- tibar
  5. Many thanks to you both. Yes the more I am nearing the court case the more I am becoming concerned. The owner certainly must feel he is going to win hence his refusal to mediate. I am not anti dogs in a pub but this was a really busy day and it was asking for trouble to simply let them cram into the same area as children, however I understand Pixel`s point, I have most certainly rubbed them up the wrong way. I was of the opinion that a licencee was legally bound to allow a disabled person to use a toilet and that this would apply even if he disliked that person and did not want him as a customer. I will go through to docs and get back to you. Once again many thanks and regards. tibar
  6. Hello there, I would be most grateful for any help or views on a distressing incident that occurred last summer, I can supply more info. I am a 70 years old retired man and quite severely disabled I use a Mobilty Scooter and walking aids. I had recently been admitted to hospital with an ongoing heart condition. I was quite a frequent customer of my local Pub/Restaurant and I had previously submitted several verbal complaints regarding short measures of drinks. The both managers took exception to this and told me that I was "Never happy until I found something to moan about" The atmosphere in the Pub generally declined towards myself and I was certainly made to feel unwelcome. Matters came to a head when I witnessed a dog, inside the Pub, attack a child (A Toddler) who had accidentally trodden on the Dog`s tail. Fortunately the parents of the child and the owners of the dog reacted quickly and no injury occurred . The pub was very busy at this time and the incident went somewhat unnoticed. I brought the incident to the attention of one of the managers and he actually laughed, it was monstrous. When the pub became quieter I remonstrated with the said manager and I stated that IMO it was dangerous to have dogs and children in such close proximity whist food is being served. He became extremely unpleasant and told me in no uncertain terms that if I did not like it then to "Stop coming back" Two days later whilst I was out in the next village with friends my wife rang to inform me that the Owner of the pub had called around to our home and told me wife that I was barred from the pub and to never venture there again; my wife was distressed, she never frequented the pub and the owner and my wife are not well known to each other. It is my opinion that he had no right whatsoever, to include my wife in this matter and to do so within her own home whilst I was not present. I returned home then went to the pub to enquire why the owner had visited my home, and upset my wife. Whilst I was on the pub car park I was met by both the owner and the manager who both informed that I was barred as I had upset staff members. No suitable explanation was forthcoming from the owner for the reason of his unwanted and unwelcome visit plus his aggressive manner whilst he talked down to my wife. They both informed me that they would forcefully remove me if I did not leave the car park. Due to the immense stress I was enduring I felt an urgent need to use the toilet, when i requested to do so I was denied. I could not believe it, I was in such a hopeless state and was utterly distraught. Finally I struggled out of the car park but entered the front of the pub and headed for the toilet however they caught up with me and I sat down on a stool and refused to move until i was granted access to the toilet, however they were both adamant that it would not be allowed. I reminded them that i was disabled but the owner stated that I was `Milking It` and to "Go behind a hedge". At least half an hour passed, since I had entered the pub, and the owner stated that he would call the Police, I had gathered my thoughts a little by this time and I stated to them that I would call the Police myself and then see if I would be allowed to use the toilets. I feel the owner began to realise that he might be in trouble as when I began to make the phone call he stated that I could use the toilet however he would accompany me; i had no option but to concur with his somewhat sick condition. I was forced to defecate whilst he stood immediately outside the door. My humiliation and embarrassment was complete. Two days later I wrote to the owner and informed that I was intending to sue him for disability discrimination related offences. He chose to disregard what I had stated and replied stating that he had no intention of lifting the ban. I replied stating that I had no desire to ever enter one of his pubs ever again and that he should re-read my letter and respond to the charges. He did not reply. I issued proceedings against him in the Small Claim Court for less than £400 (Some of my clothes and a she were damaged due to soiling). He, rather surprisingly, instructed a solicitor who has threatened me with costs being awarded against me by the court which could run into many many thousands of pounds and that there was clearly no case for her client to answer. I must admit to being rather alarmed. The owner is a wealthy man. The court have advised mediation and have even offered to award one hour of such FOC; I agreed, the defendant refused. We now have a date for a hearing and I do not know exactly what to expect. His court response states that he will be bringing two witnesses with him yet there was only he, the owner and the manager who were present. Much of this was audio recorded and the owner is not disputing much of my statement. I never threatened violence or used bad language during this most unpleasant incident. Any help and opinions would be greatly appreciated. Kind regards. -- tibar
  7. Hello all. After what seems like an eternity the case is now proceeding to court ( 4 June). I really am surprised as the claimant solicitor indicated that the claimant would like to settle. At a previous hearing I stated to the Judge that I had very little funds and that was the reason I was defending myself. This is still the case. I have no assets, home and shop are rented properties and my vehicle is leased. Stock at my shop is virtually the property of my suppliers, display items etc. My company is listed as negative assets. A couple of things that I think I failed to mention is that the claimant is taking me to court as a guarantor. My company is a limited company and my name is not part of the title. I was the guarantor originally when another person was running it for me but when he left another lease was drawn up and I was not named as guarantor, this was ten years ago. The court claim papers list me alone as the defendant, not as a guarantor although the claimant statement of claim states that I am a Grnt. I attended a non prejudiced meeting with the claimant and his son at the solicitor premises, solicitor present. It became rather heated, I stated that I would accept money to permit him to withdraw the case, he nearly exploded and swore at me. I was calm but I fully admit that I was goading him somewhat by smiling, I have known him a long time and I know how he reacts to what he would consider a smirk. Even his solicitor appeared rather heated. I would certainly not do the same at court. Questions please on practical matters: If he were to win even a part of the claim, and some of his costs, and I simply can not pay up what is the court likely to do? Would the claimant then have to seek further court action to try to enforce a payment plan? If I defaulted on any such plan due to lack of funds would he then need to further go to court? Could he make me bankrupt if the, limited, company is in negative value? If he were to make me BR would I lose the business? The case has already cost me a large amount of money (to me) that I can ill afford so I am not merely cocking a snub at the system it is simply because I am the victim of a vendetta and I wish to know all options. Many thanks as ever and kind regards. -- nomlas
  8. Thanks again Andy. Yes that sounds good. The claimant is contradicting his claim so presumably that could be classed as new evidence and therefore OK for me to respond to it, do you think? Regards. -- tibar
  9. Thanks Andy. I have already sent my witness statement (WS) and disclosures in to the court. The claimant has now, subsequently, sent his WS and disclosures to me. Because I had not seen his bundle prior to sending in mine I did not know how much his claim has now changed. The Landlord claim in the Particulars of Claim is brief. He says I failed to carry out the remedial work listed on a Dilapidation Report that he handed to me shortly after I vacated his premises. Which included for interior decoration, costed at £4k. He issued proceedings for the whole amount on the report, thereby he was stating that I had undertaken No work whatsoever. My response was that I had fully complied with his wishes and undertook All of work listed on the report. Now in his WS evidence pack he admits that I did some work and he has disclosed two very ambiguous invoices, one from his son, the other for re-decoration of the interior, which is dated after a new tenant had taken occupancy, for a mere £600. It is all hogwash any way as I had re-decorated the interior of the shop to a basic standard myself and I have witness statements, plus the witnesses are prepared to go to court. This re-decoration "invoice" is from a person who has merely put his address on a printed invoice, not a Bill Head, and it is numbered No1 , it must have been his first ever invoice! It is also dated after the new tenant had moved in. However I think the LL probably did do a little work subsequent to the new tenant moving in but that would have been at the new tenant behest and part of an introductory offer, so to speak. He most certainly did not undertake any Remedial work in between my moving out and new tenant moving in, which is what the claim is all about. Since the claimant WS and disclosure has changed matters drastically (I feel he has really shot himself in the foot) I need to advise the court of my interpretation of his now ludicrous about turn. I feel that if the court looks at this "Amended" evidence, at this present time, they might well (hopefully) strike it out. The problem is how do I do it? As I have already submitted my initial response, will the court allow me to submit an added response? I will ring the court but I fear I wont get a clear answer, I thought it could be worth asking on here as there might be a procedure that other Caggers are knowledgeable of. I have asked the claimant solicitor if they are in fact attempting to amend the claim, I have also informed them that I will inform the court and request for a strike out. I have been totally ignored. They will not answer any questions whatsoever including about arranging a face to face meeting with the claimant. This was virtually insisted on by the Judge at the earlier hearing. It seems that the solicitor is not interested. Regards as ever. -- tibar
  10. Hi there and HNY to all. I have received the claimant witness statement and his disclosures. The whole claim has now descended into farce. Claimant is now admitting that I did indeed do remedial work though his claim, which is still at the court is that I did none. He has also submitted an invoice, which he claims is for re-decoration of the interior of the premises, for £600 in his claim he is claiming more than £4,000 for decoration. The invoice is also subsequent to the new tenant moving in, she had been open for business for one month. He has also submitted an invoice from his Son which is written on a page of a duplicate book with no address, phone number, I t just states "work carried out £750, this is also dated Months after the shop re-opened. In short I am almost sure he did undertake some work after the new tenant took on the shop but that would be at the new tenants behest and therefore is nothing to do with me. The advice I now seek is: As I have already submitted my response to the Court prior to receiving all of this new evidence, how do I now inform the Court of the new state of play, so to speak? Is it simply to write an updated response and post it off with the relevant pieces of the claimant evidence that has shot his claim to pieces? I have asked as much from the claimant solicitor but they are ignoring me. Claimant has clearly tried to obtain money by deception as the claim states he has paid more than £4K on decoration before the new tenant, but invoice is for £600 including materials! Attempted Fraud? I have dates from the court but I can not see it reaching that point however the solicitor is refusing to reply. Trial date early June Many thanks as ever.
  11. I have not submitted any costs as they are still accruing. I have obviously spent quite an amount as I am trying to run a very small business and this case has taken up a good deal of time. My McKenzie friend has undertaken a lot of research and has helped me greatly. I thought if I were to win at court or if thy bail out then I could claim. I t seems strange that they can instigate a ridiculous claim, keep me in terrible anxiety and then if i win I get nothing for my considerable outlay. I will be duty bound to pay MF if we win. Very troubled now. Regards. -- tibar
  12. Hi All, I have received a disclosure pack from the claimant which is mostly irrelevant and ambiguous. Before I start dissecting them a letter from the claimant solicitor which accompanied it contains a statement i am concerned about. it states "You have no legal rights to costs which can legitimately be claimed as you are unrepresented. There is no legal basis for settlement of this case by way of payment by our client to yours". I made an offer to agree to accept them withdrawing the claim if they paid me a sum against my costs, they ignored that offer for almost two months. I am now somewhat puzzled as it seems they are saying that i will not receive costs even if i win. I have engaged a knowledgeable person to assist me (McKenzie Friend) and he has agreed to only accept money if we win. Thoughts appreciated, as ever. Many thanks. -- tibar
  13. Thanks Ganymede, I was hoping against hope I suppose. Ah well I shall try anyway as there is nothing to lose. -- Regards. -- tibar
  14. Another query if I may. I sent off my list of disclosure, both what I have to disclose and what I require from the claimants. The deadline was 4pm last Friday. I did not receive anything from the other side until yesterday they missed the deadline. In their list of documents they state that they object to me inspecting them. I am at a loss to understand what is going on. One item they have listed is an invoice from the Defendant`s Son which is dated four months after the shop had re-opened for business with a different tenant and more than six months after I had both vacated the shop and completed the work! It is mind boggling. Any advice/opinions would be, as ever, gratefully received. I particularly would like a view regarding the missed deadline. The letter rom the solicitor is dated 10 November, it was posted, they can not dispute that it was indeed a day late. Kind regards. -- tibar Sorry I have misread the letter. They are in fact stating that I can inspect the documents however they object to me inspecting correspondence. I feel that i have failed to explain fully. The claimant and myself have been told by the court, in writing, that we both must give to each other standard disclosure of documents by 4pm on Friday 10 November. I supplied mine within the deadline but the claimant solicitor has sent their disclosure one day late. Her letter was dated 10 November but as it was posted it did not arrive until 11 Nov. The court notice states "If you do not comply with these directions any other party to to the claim will be entitled to apply to the court for an order that your statement of case (claim or defence) be struck out. Obviously this seems that it could possibly be good news for me. I would very much appreciate views of the very knowledgeable Caggers. Many thanks. -- tibar
  15. Yes, sorry I did not explain properly. I think I do understand, as they have not filled a reply to my amended defence the case remains as it was however my amended and condensed defence is now accepted by the court? Thanks again. -- tibar
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