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farmlama

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About farmlama

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  1. If your solicitor doesn’t see the claim as having a good chance of success then I would see that as a bad sign. is there a chance that you have misread the inspection reports and gotten confused to convince yourself that you should push this? councils will record minor defects to monitor them even when they aren’t requiring repair right then. Also are you sure that the defect recorded in may 2018 was the same and not a different one that was repaired? your accident happened in February when it’s not uncommon for potholes to open up or get larger because of freezing weather and if this had happened after their last inspection (I assume that may was the last making this a minor road with annual inspections so not hard to believe that it may have deteriorated since theme) and there were no outstanding reports from people, then the council will have a defence to rely on. if you issue in the court, you will need to prove your claim and evidence that the council knew about this hazard (if a minor defect is recorded on their indpection, this will not evidence they knew about a hazard, but go in their favour as it will show they are monitoring small defects).
  2. Unless the stairs were faulty, I’m not sure how successful a claim against the landlord would be. also if the stairs were faulty, but that fault had developed in between required inspections and nobody else had reported it to the landlord, then a claim may not be successful. if there was a dangerous fault with the stairs and the landlord didn’t carry out required inspections, or they had been made aware of the issue and did nothing to correct it, then a claim m may be successful.
  3. If they try to pursue the matter, then as a claimant they need to evidence their claim. The things I would be looking st right now are: Was there a check in inventory, if so how thorough is this? Does it detail information on certain bulbs and include this picture in the bathroom? Does it go into detail the condition of cabinets? has evidence of the alleged damage been provided and evidence of the repair costs, what element will need to be deducted for wear and tear. has the landlord provided evidence of this alleged insurance inspection? I would question why the landlord only noted a few minor issues and part returned your deposit. Is it possible that the property sustained some flood damage after you handed it over? Some of the items claimed appear to be for you not maintaining the central heating/ heating tank. Surely these are landlord obligations and this is evidence of his own negligence?
  4. As the amount he is claiming is so low, this would be a small claim and covered by part 45 rules regarding costs. Meaning the only costs he would be able to claim if he issued proceedings and won would be limited to the court fee. https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part45-fixed-costs
  5. Firstly have the supermarket written to say that they have accepted liability or is it a without prejudice offer? They could have investigated the incident and found they have a solid defence, but in order to save further costs in defending a claim, they have made a low goodwill gesture to settle as to save costs later. I work in insurance and defend liability claims. From my experience, the big firms of solicitors are not that great and over 50% of claims will be handled terribly. They tend to use general template letters, but do not edit them in anyway to fit the individual claim, so often they are sending letters that have nothing to do with the incident circumstance. They also get things wrong that can reflect badly on the claimant (for example mr x was unemployed at time of incident but later started working, solicitors have their facts wrong and keep saying claimant was working at the time and want to claim loss of earning for the period, despite claimant telling us that they did not work at the time so this does not apply). They also very regularly will bring the claim against the wrong party, or refer to the defendant incorrectly (had one claim in which they kept referring to the defendant as McDonalds, we have nothing to do with McDonald’s at all). The last claim we defended at court, the solicitors had handled it so badly, misadvised the claimants and messed up sending in documents such as witness statements and a court bundle, that the judge actually advised the claimants that they should look to seek damages from their solicitors. In addition, when injury claims are settled, they are not looked at any differently in regards to offer made if there is legal representation or not. The same calculations will be used to take into account details of the injury and any medical history that could be contributing (for example, someone claiming a back injury but who has a history of back problems would likely get a reduced offer). You need to think about whether pushing the issue is in the best interest for this elderly relative too, you said that claiming wasn’t their idea and it was family members that have pushed this issue. By pushing further, you risk getting no settlement at all and you guarantee prolonging any stress for your relative. If you do not agree with the offer, why don’t you write and ask how they have come to that figure, and advise of what you think of what region it should be and why you think that. Also ask if they have admitted a breach of liability or if this offer is made on a without prejudice basis.
  6. You said you didn’t have a financial loss so what monies are you instructing a debt collector to collect. If the council did not respond, they may not have received any proceedings and can apply to have the judgement set aside. Without giving more information about your complaint, nobody here can help you.
  7. You need planning permission to carry out works to trees in conservation areas regardless of whether there is a tpo or not. It is free to apply for through the council and if you advise that it is to re-route the easement, that may be taken into Consideration, however they may still decline if they think the tree is too valuable to the area.
  8. So from what I can understand, the eu regulations article 3.2 say we will have been denied boarding as we had checked in (and passed security) over 45 minutes before departure and it was only the unreasonable operational reasons (limited gate information time) that we struggled to make it to the gate, and therefore the regulations apply?
  9. The issue is though that they stopped boarding 15 minutes after the gate number was given, despite it being a 15 minute walk to the gate for an average person. It took us more than 15 minutes to walk there so didn’t have any chance. When we arrived at the gate the board still said final call too and not gate closed. The next day when we got our flight, they still were allowing people to board 5 minutes before so this clearly isn’t a strict rule and they could have allowed us to board along with the other passengers that were turned away especially as they were aware that only a 15 minute window was given to get to the gate and board which was so far away.
  10. On Monday I had a flight to Naples from Luton airport at 17:40. We arrived at the airport and went through security with plenty of time and checked the boards right away and they advised that our gate information would be available at 17:05. We checked the boards at this time and it advised that our flight was at gate 1 (this is the furthest away gate if you don’t know the lay out). We made our way there and arrived at 17:30 as I was with my mum who has back issues so has a stick to help her walk (she can walk and is very independent but cannot rush so it took a few extra minutes to walk down there). When we arrived at the gate they told us that they stop boarding 20 minutes before the flight time and were refused entry onto the plane so classed as missing our flight. Now the Luton airport website advises that it is a 15 minute walk to gate 1 meaning that there was no jiggle room from the gate being released until they refused boarding unless you ran down there or rushed. Also I have checked online and the plane didn’t leave the gate until 17:47 so it did not go early or anything like that. I explained that the gate info arrived late and that it was a long walk and that we couldn’t have gotten there quicker, while we were there other people also arrived and were refused so we weren’t the only ones. I had to rebook our flight for the next morning and pay for the flights again. I booked them with special assistance so we wouldn’t risk missing the flight which meant my mum was made to feel like an invalid and upset as she is very independent. We would have made our flight if the gate information was released with more warning, or if the flight staff allowed the extra time to board considering that only 15 minutes was allowed from gate number being released until they stopped boarding when it is a 15 minute walk. I have emailed easyJet with my complaint and they offered a £25 gift card as a goodwill gesture, but this does not cover the cost of the new flights or the loss of a big chunk of our holiday or the stress. Also I should add that when we were refused entry and I explained my mum couldn’t walk fast for long distances, the staff acknowledged this and told us about the special assistance, then sent us to gate 30 to be escorted out, this turned out to be on the other side of the airport and my mum struggled and was in pain from the extra walking, no assistance was offered despite them being aware of her issues. I have written back to easyJet to say £25 isn’t good enough but they have not replied (£25 wouldn’t even cover the flight tax that they should be returning anyway). Is there anything else I can do as I feel that we have missed out on a big part of our holiday, had to pay for additional flights and my mum was made to struggle walking an extra long distance after telling staff she struggled with this. Thank you for any help. Oh also I should add that the next day when we got the next flight, the gate info was again only released 35 minutes before the flight (we had the special assistance this time so we made it) but also people were still boarding that flight 5 minutes before the flight time, so the 20 minute rule was not being strictly enforced.
  11. Hello everyone, looking for some advice for a friend who owns a house on a private street. They have lived there about 8/9 years and at that time they had a monthly maintenance fee for management of the communal areas of about £25. This has now risen to over £100 a month and they have just had a huge bill for repairs to some flats in the street. Now I can understand a fee for the maintenance of the paths/ road surface/ grass etc (although this seems excessive), but surely the house owners shouldn’t be responsible for the cost of maintains the flat block as this should be down to the flat owners as leaseholders? I have told my friend to check the wording of any contracts and told her about this site, so she may be along at some point with more information. Thank you
  12. So I'm still having issues with this plus additional problems. I eventually managed to speak with a manager who told me they would re calculate my claim correctly, this was weeks ago and I have heard nothing since. In the mean time more has happened. I started a new job in April with better pay, sent a change of income/circumstance form in along with childcare statements, tax credit letter, my 1st payslip. I then got a letter 6 weeks later requesting loads of information including 2 more payslips for my new job, 4 payslips for my old job, 3 monts bank statements for all bank accounts, my p45, proof of childcare (again) the contract for my new job. I sent all this off by the date required on the letter. When they returned the documents, they sent them addressed to and at the address of my childminder (I am waiting for them to contact me as to why and what they are doing about this). I then got a letter saying they need even more information from me of they will stop my claim, including a letter stating when my old job finished, another copy of the statements from my savings account (with a very low balance, I'm not fortunate to have any savings) as the print out that I got in the bank they aren't accepting (I have told them it is an original that I got in the branch but they seem to think I am lying), also they want copies of bank statements for 2 old bank accounts (one closed over a year ago and the other over 3 years ago), they also want even further proof of my childcare and for my childminder to fill out a form (the same form I already filled out with my change of income, the childminder has already written a letter stating amounts paid). Is this excessive, it isn't a new claim, I have just changed jobs and have never had to provide so much. I feel like they are treating me like a criminal by not believing the things I have provided and keep asking for the same things over and over. It's really frustrating me.
  13. They didn't advise of further appeal rights, they just gave a 'computer says no' answer. My stage 2 complaint was turned down in April. On the local government ombudsman website it says you have a year from the first mistake to go to them so I went to them rather than make the stage 3 complaint. I appealed about 3 times before I made the first stage 1 complaint.
  14. I wrote saying I wanted to appeal their decision but never stated I wanted to appeal to tribunal. That just reassessed (or not) in house several times
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