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seanamarts

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seanamarts last won the day on February 2 2013

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About seanamarts

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  1. I will try and get it tomorrow.
  2. she really doesnt want to get to the court stage, she is going through some serious personal issues at the moment which I cannot repeat, hence why Im helping her with this so to take some of the strain from her. Oh I totally agree, but she really wants this stopped in its tracks as soon as possible. I just want to do this as quickly and with as little mess as I can and at no costs to my friend.
  3. There was no breach of contract though?? There was a consultation first, which she signed to say that she had had, but has now denied that she had a consultation and also signed a disclaimer to state that she had no ongoing injuries or illnesses that would be impeded by this treatment. Wouldnt it be in my friends best interest to send these copies to the solicitor before it even got to court? Wouldnt it be on the onus of the claimant to prove that the massage caused the torn ligament? as Ive said its nigh on impossible, the type of massage is actually used to help these types of injuries not cause them. would my friend be in within her rights to request a copy of the doctors report?
  4. The client has never approached her has only gone straight to these no win no fee solicitors. My friend had no idea that anything was up until she got this solicitors letter.
  5. Need a bit of advice here for a friend who cannot afford a solicitor. Quick run down. Friends is a masseuse, working in many different areas including hot stone massage. She is very professional and has done many years in training for what she covers. A client has decided to sue her using one of these no win no fee companies and has lied stating that my friend didnt get her to sign a disclaimer etc, well I know for a fact she had signed and she has the paperwork to prove it. Now this client has stated that she had a torn ligament from this hot stone massage, now if anyone has had the pleasure of one of these you would know its nigh on impossible to get a torn ligament, Ive had one myself and its the most relaxing form of massage, not to mention when you tear a ligament which I have its bloody painful and the pain is instant and this client showed no signs of being in any pain when having this procedure. Now this friend of mine has no liability insurance, only does this part time and has literally no assets to her name, she is also a single parent. We feel that this is either someone trying to discredit her because she is a new business or they have some other vendetta against her. Why we have no idea as my friend is the most loveliest lady you could ever meet plus extremely professional. This is a bit out of my comfort zone but she has requested that I help. There is no way she can afford a solicitor and she is scared that this will reach the court stage and will lose what little she has if this woman wins. Any advice at this stage would be greatly appreciated.
  6. Typical BS by a bailiff. They try and put the fear of god in you in the hope that you will pay up. Ive had the same issues with them, no notice ... nothing! If he has threatened with a locksmith then you have grounds for a complaint. If he calls again tell him a complaint is going in against him because of his conduct.
  7. Have you tried a DRO = Debt relief order. Im sure you would qualify. Council tax debt can be included in this. This would certainly help your plight. https://www.citizensadvice.org.uk/debt-and-money/debt-solutions/debt-relief-orders/debt-relief-orders-explained/debt-relief-orders-what-you-need-to-know/
  8. Ohhh Ive had this in writing that all their bailiff are fully trained, albeit my particular lady has been sent back to be retrained. Somehow I dont believe them. I had actually thought that bailiffs had finally come to terms with being good but they seem to be creeping back to their old ways.
  9. Sounds like he doesnt have much info here, he should have. This seems to be the norm for Marstons at the moment. Information very basic and not very forthcoming.
  10. Oh how right you are, we know this how?? because we see it on a regular basis. Data protection only comes into force when it suits them.
  11. OP said the car was in her name but her partner drove it, so they would be going after the reg keeper.
  12. Typical Marston bullying tactics, I thought they had dealt with these bullying bailiffs. Obviously not. I didnt think they could threaten with a locksmith with regards to this type of fine? What happened to letters warning people that bailiffs are being involved. Im hearing more and more that this is happening, is this to rap up more charges so to line their pockets? Might also be worth contacting DVLA, then again they are just as bad with their notifications.
  13. Dont really want to go the court route and throw money at this as im trying to get money back. However Ive been in touch with the DVLA with regards to my sons case and they are not having any of it. Going to stage two complaints with that one as well, They have also told me to make an application to the court with regards to the fine. He was fined £200 plus £130 costs, which I find this very steep indeed. I was on the understanding that this was a £100 fine with £80 costs. Its like they have doubled it. They have admitted that they received a letter stating that the car was no longer with my son and that they had sent back all the relevant paperwork, but that it was too late as now a charge had gone against him. So now writing to the court and placing a complaint with the Ombudsman as I know the ICO will drag their feet just as Marstons have done.
  14. Another update, still nothing. However I have some good news for the 3rd complaint that was put in. A payment for £235 was returned. However the bailiff in question reported that she didnt attend on the day in question and yet again there was no recordings made even though she was requested by the person to turn it on and she said that it had been turned on. Still no further forward with the SAR that was sent well over 40 days ago, in fact we are now reaching the 3rd month since it was requested. still nothing on the stage 2 complaint procedure. I have sent in everything they have requested and yet still nothing apart from an acknowledgement that they have received the emails. So now going to write via snail mail to the CEO and place the complaint with the Ombudsman. I cant see what else I can do here.
  15. Im getting these calls 2 to 3 times a day now. You block one number and another one replaces it with the same area code then 814 then the last 3 numbers are different. Even when you answer they put the phone down. Surely this company is breaking some communication law?
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