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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 comm
  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 consen
  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 che
  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 an
  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"
  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
  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
  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 submitte
  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 no
  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 v
  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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