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Shelley181146

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Everything posted by Shelley181146

  1. This is how it was worded: Good Afternoon We act for the Claimant and have notified the Court of our Client’s intention to proceed with the claim. Please find enclosed a copy of our Client’s completed Directions Questionnaire, which will be filed with the court upon their request. You will note we intend to request a special direction; i. That the case be dealt with on the papers and without the need for an oral hearing This request is sought simply because the matter is in our Client’s opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate. We trust you agree. You will note our Client has elected not to mediate. Its decision is not meant to be in any way obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of cases. Not with standing this, our Client would be happy to listen to any genuine payment proposals that you wish to put forward. Any evidence will be provided in our client's witness statement as and when it is requested by the court. If you would like this evidence sooner, we invite you to make an application to the court as our client believes the costs of complying with your request are disproportionate at this stage. So, how do I request landowner contracts etc? Are they bluffing or will this go through?
  2. It is DE who are saying if we want sight of any documents we must apply to the courts for it as they say 'our costs' are disproportionate! That means we have to pay the courts presumably for this facility?
  3. it appears that DR have continued with their claim and yes it will be paper format. They refuse to mediate but are happy to accept any genuine payment proposals! Any information we require from them has to be requested via the courts as tHEy say our costs will be disproportionate..... How should I proceed?
  4. I will go and see my GP for their opinion and show them the evidence I am dealing with. I have also spoken to a solicitor who I may decide to discuss the matter with. I have to live with this memory, and the decision I make so I can move forward. This is not just grief I am dealing with, this is systematic failings of an organization who portray 100 years of so called first class service. Would this be acceptable to you? You make it sound so easy. Take the money and move on!!!
  5. I suspect it will be less than £10k and no I haven't been diagnosed with nervous shock but it has traumatised me and my counsellor has said it is delaying my healing process and not allowing me to grieve properly.. I'm not paying a solicitor £200 per hour to deal with it, nor am I paying for barristers/ court counsel to get involved. I just want to know if I take it to court will the judge look at the damages part of the claim as well as the rest of it? Will the judge take a dim view of me not using the Arbitration service when I explain the trauma it has caused?
  6. I want to claim for damages as a result of the trauma caused by viewing my husband. They (F.D) damaged my husband's body by their negligence and lack of care and my photographs prove this, and the (F.D) correspondence explains how it happened! This was not a usual viewing of a loved one.
  7. I was directed by the FD'S to the Funeral Arbitration Service (FAS) which I did, thinking they were like the ombudsman in a financial matter. However, I wasn't given the full facts and have only recently been told they will not consider damages. Apparently, they take you through the conciliation process first and stress that whatever is discussed can't be used in any other 'legal' process if a settlement can't be reached. If conciliation fails he 'pings' it over to the Arbitrator for them to deal with who makes their decision purely on the documents in the case. IF, I disagree on a point of law then, and only then can I apply to the High Court to consider an appeal. I went into this process willingly and hoping that this would be resolved. I donot think the conciliator is taking this matter seriously enough. However, this isn't just about grieving the loss of a loved one when they played the wrong music at the service!!! This is far more serious and this is happening far too often to so many people. I have to take this to court myself in order to be heard by a judge who will take into consideration the damage this company has done, above and beyond the 'normal grieving' process. I am not a greedy person nor am I unreasonable, this is about justice for malpractice and failed services.
  8. No it's a not a disability issue just someone who is scared of court proceedings and wouldn't have a clue what to say, how to conduct themselves or anything.
  9. I accept all those things mentioned, I have seen several relatives with various FD's but this is very different and the systematic errors have been accepted by this one. The conciliation/arbitration service do not pay out damages for trauma caused by these events, only to refund a portion of services not received satisfactorily. Considering how much was paid and the trauma caused I will be better suited going to court and claiming damages over and above the refund of failed services. But if I don't follow through with the arbitration service will the courts take a dim view of this?
  10. If District Enforcement decide to let this continue to court I will need to be litigant friend because the person involved won't be able to discuss the case in court without my help. Have received acknowledgement from courts in post.
  11. Update: I received an email saying they couldn't read the signature and could I send it again by different method. Panic set it as I wouldn't be near a PC today emailed reply from my phone to explain. Further response received saying the defence submitted was satisfactory and it had been processed today, thank goodness. However, if I want to be litigant friend I need to obtain authorisation from a Local Court with my response. I'm not expecting DR to take this any further but if they did, how do I become litigant friend?
  12. I have managed to locate correct email address and have received acknowledgement this evening with the help of a friend's PC. I also emailed it to myself so that I have an accurate copy for my records, which I intend to print out and send hard copy to courts as suggested earlier, advising courts that email and online versions sent within timeframe permitted. I am unable to log back into MCOL as it has locked me out for incorrect password attempts but I'm confident that my final email has reached its correct destination and within permitted timeframe. Thank you a for your continued support in my quest for justice.
  13. That's great Andy thank you. Saved again by my CAG family :)
  14. But the helpdesk won't discuss it with me as I am only assisting someone if the login has been blocked! We're both at work tomorrow and tomorrow is the deadline. How likely are we to get an extension if necessary?
  15. I have acknowledged this within timeframe and have been adding defence and saving it along the way. However, last night I was checking through it before submitting it and half of it is missing! I haven't exceeded the line limit but now don't seem to be able to log back in Is the login the government gateway number or mcol customer number or unique reference?
  16. I replied to their email and a member of the Directors support team has telephoned me today and left a voicemail saying they are going to add the outstanding balance from my late husbands account to my account and collect it through the new meter.........
  17. Yesterday, Sunday, I received an email from their Director Support Team. Firstly apologising for the inconvenience it's caused. They are saying that they didn't close the old account down properly as they hadn't received and probate information. They didn't request any at the time and that still doesn't account for the incorrect date of birth being given to Philips Cohen associates! They had put a deceased flag next to the account and the agent obviously had seen it when setting up my account, hence the letter to a deceased `me` It sounds like they are blaming me because I am using the same bank account and they're trying to say I haven't dealt with probate properly because I should have closed the bank account and opened a new up for probate matters......
  18. Thank you Andy. My. P, I have sent an email with attachment to the CEO Keith Anderson today and await his reply. I notice they say they have 8 weeks to deal with complaints? I could be dead by then so I have given them 5 days and we'll see how they respond.
  19. Apparently I've died! Today I have received a letter from my energy supplier which is addressed to the Executor of the late (ME) We are very sorry to hear about the recent passing of the Late ........................ At Scottish Power we are committed to providing the help and support which is most appropriate to the needs of the customer. Blah, blash, blah Should you wish to speak to Philips & Cohen Associates (UK( Ltd in the meantime about the account(s), please call them on xxxxxxxxxx I have spoken with a female at SP who refused to accept me recording the call and advised she did not agree with the call being used in any legal matters so I asked to speak to a manager. She said managers do not deal with these calls. She could not offer any explanation as to where the letter had come from and I gave her 5 days to investigate before I refer it to my legal advisors. She made no offer of apology which I felt was very insensitive but didn't expect one from such an unprofessional organisation. I will be moving energy suppliers imminently. I then called Philips & Cohen and spoke to a lovely lady who couldn't apologise enough and recognised the distress this has caused me. She has taken details and advised that the correspondence they have received from SP even has an incorrect date of birth. She is referring the case back to SP with strong complaint. SP have called me since to ask me to send them a copy of todays correspondence as they have no record of it on their system! I don't feel I should have the inconvenience of doing this but hope to be guided by someone here, if possible? Now, some of you may be aware that I have recently been widowed and also lost my sister so just to clarify, their matters regarding utility companies are all settled and closed and the date of births have no resemblance to either of my relatives. The account number on todays letter refers to electricity at my address. I cannot convey the distress this has caused me today and thankfully I am due to see my bereavement counsellor tomorrow. How should I proceed with this matter?
  20. No I understand that but the owner of said vehicle has just been released from hospital having been smashed up in said vehicle and will not be in a position to handle a court matter, if it goes that far.
  21. I agree. I have just acknowledged claim online MCOL.
  22. In order for us to help you we require the following information:- Name of the Claimant: DISTRICT ENFORCEMENT LIMITED Date of issue – 9TH JUNE 2016 Date of defence filing- 11TH JULY 2016 What is the claim for –Particulars of Claim:- Date of offence xxxxxx Description = Vehicle reg no Amount £130.00 Due date xxxxxx AND THE CLAIMANT CLAIMS the sum of £131.00 for Parking charges and indemnity costs if applicable including £1 interest pursuant to S.69 of the County Courts Act 1984 Rate 8% pa from the daes above to xxxxxx Same rate to Judgment (or sooner) payment Daily rate to Judgment £0.03 Total debt and interest £131.00 What is the value of the claim? £206.00 Has the claim been issued by the original creditor - YES Were you aware the account had been assigned – did you receive a Notice of Assignment? N/A Am I able to sign online as litigant friend?
  23. A relative was dropping something off to some premises and although the signage was somewhat covered by shrubbery it states that it is private land - i.e for residents only. (found after the event) No windscreen ticket - just a NTK received within 8 days of alledged offence which 'invited' them to pay £80.00 for 'Unauthorised Parking'. They were duly ignored. 4 weeks later they received a recorded delivery letter of Notice of Impending Court Action, duly ignored. 3 weeks later the 'letter before action' from Gladstones arrived with an amount claimed for £130.00 2 weeks later received Court Claim form as follows: Particulars of Claim:- Date of offence xxxxxx Description = Vehicle reg no Amount £130.00 Due date xxxxxx AND THE CLAIMANT CLAIMS the sum of £131.00 for Parking charges and indemnity costs if applicable including £1 interest pursuant to S.69 of the County Courts Act 1984 Rate 8% pa from the dats above to xxxxxx Same rate to Judgment (or sooner) payment Daily rate to Judgment £0.03 Total debt and interest £131.00 Then to the right of the page it states Amount Claimed £131.00 Court Fee £25.00 Legal Representative#s costs £50.00 Total Amount £206.00 Now I am aware date of service 13/06/16 Date of Acknowledgement 27/06/16 Date to defend 11/07/16 They intend to defend in full but there is no facility to respond online. They are currently drafting letter up for CPR.31? Would appreciate guidance on defence please. Footnote: Have parked at this site on numerous occasions and received nothing - it is so intermittent it's bazaar!
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