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Everything posted by Tryinhard

  1. Thanks for that. It must be worth a try, I doubt mother in law has statements for 12 years but I will see what she has.
  2. Hi all I hope someone can help with this. It may have been posted before but I'm not sure what the insurance is called. My mother in law has just closed her account with Barclays Bank due to charging issues. She asked at the time why she had been charged £6.50 a month as her account just says £6.50. Being in her 70s she assumed it was a fee to pay her direct debits. They explained it was for a Small Appliance insurance and to cover lost passports etc. She explained to me that my late father in law may have taken this out although he may not have know !!!! this has certainly been missold as my mother in law and father in law never had anything worth insuring. No mobile phones, gadgets, passports, anything at all worth the payment. This has gone on for almost 12 years to the tune of almost a thousand pounds.......they have never ever been abroad and never in the last 20 years been on holiday in the UK my father in law had a terrible lung condition and could barely move. I was so shocked to hear about this and how he must have been duped. Does anyone know if and how I can make a claim for her, and has it been done before. It is astonishing how this can happen ....It did happen to my young son at the age of 18 when he opened his first bank account and got into trouble with the payments when he had nothing to insure either. He took my advice and told them to stuff it.... I feel I need a more mature approach after 12 years. Tell it as it is because I have taken Barclays to court for bank fees before and received a refund of charges and the Halifax so I am willing to take them on but I have not heard of this before. Do you think my Mother in law has a case ? My father in law died almost 2 years ago and the payments were still taken. It was a joint account. Thanks in advance
  3. Oh yes CB I forgot to mention about the costs not being everything paid out. That seems odd when you win and pay out £230 in costs (to the court) but only awarded £150. Also he gave £50 in witness costs (me) and said that is all he could award. We had to stay in a hotel and miss work. I do know that is now £90 but did not like to ask because perhaps he had only awarded me £50, it is a bit hit and miss and of course who am I to say anything otherwise. That is an point of concern for others really, when you know what the amount should be and can't say anything in case the judge says "well that is all you are having" in which case ok but you don't really know if it is an error or not.
  4. Thanks for the boost CB I did feel like I had been run over by a bus I really wasn't expecting what happened and I even bought the book from here about small claims court. The whole experience was not what was expected from the book. The only use it had was perhaps in the preparation of the documents. What happened in court was nothing like the book and I would have been better off not reading it as I thought the procedures followed a certain and definate pattern when in fact it does not. Katan, I think you have mistaken my case with another one, it had nothing to do with builders. I know what you are saying about the time and effort put in considering only a very small amout of it was used, it is one of those things you have no idea what is going to be used and as the saying goes fail to prepare, prepare to fail !!!. This has been almost 9 months of work but it is one of those things I could not let them get away with and I am quite laid back normally . The win is only just sinking in, yesterday I got the letter from the court that said Judgement for the claimant . Today I got the cheque, I will really smile when it clears. Thanks everyone for your advice and support. Tryinhard x
  5. Good work Mr/Mrs Mould Hope lessens despair and brings strength....... Go for it Mrs H x
  6. Oh my goodness, really I do understand your feelings about this but think about your daughter and your family. Be strong, this will soon be over and you will begin anew whatever happens. He is really trying it on.......... I do hope the solicitor takes this on but if not you can get through this. Wait for the 14 days and see the bills from the merchants then contact them, you can send any information to the court and him at a later date if new evidence comes to light. In your bundle send all the information that you have available to you even though they say you cant use it. The judge will be a different person and will read it. You have enough information of your own anyway. Inform the police of his actions against your daughter, this is very important. From what he has done previously it sounds as though he wont turn up anyway !!! you have people who are prepared to speak up for you and be witness he really has nothing, no one will speak for him you have friends and neighbours who will. The other cases have not won him a sausage remember that, they won and so will you.
  7. What a terrible situation for you ! If you can't get a solicitor and you have to move fast I can only suggest that you ask the women who he has done to to before and the man he threatened to kill to be witness for you. You can only explain to the court that you did not have the work done and that his receipts are bogus, althouht could be related to another job, you or him have no way to prove it. It sounds like a lot of stuff should have been delivered to your house he did not just bring 48k worth of stuff to your door. Get these receipts and speak to the builders merchants. Unless he is a very very large outfit he did not bring that stuff on the back of his pickup truck or van. Find his work collegues etc he did not do all that work on his own, get statements from your neighbours that no work took place. The court bundle can hold any information you want not what the court say is unrelated. Go for it with both barrels get those receipts for a start but don't let on your checking with the merchants.
  8. Well I have no idea how you cope with going more than once !! It was the most horrible experience and the judge went for my throat straight away, I think the defendants were enjoying it. When they were questioned he seemed much nicer to them but was still firm. It was a total shock when I won :whoo:well won about 85% of claim and costs which I was really pleased with. I never even looked over at the defendants to see their reaction I was so shocked. The question about the statements was answered by the judge without me saying anything. He said there were a couple of statements but as the witnesses were not present they could not be questioned and that was that. The defendants have to pay many more hundreds than they were going to pay (their offer) I offered to settle months ago with a figure and same at mediation (they never budged by the way). They have to pay about £200 more than that figure so I can imagine they are not very happy. The work involved does not match the outcome though. You have to think of everything that MIGHT be produced or said and it takes hours and hours. What actually happened was that hardly anything was used. It is certainly Cut to the Chase asap even though I wanted it to be slower so I could explain, the judge ran away and ahead of me which did not make me look good. I thought he did not totally understand what had happened and I was stunned at his forcefulness. With reflection perhaps he did know exactly from his review of the documents before it started. He was emotionless, monotone and decisive. I am of course happy with the outcome but really would have questioned it if it had gone the other way as I felt he had not grasped what had happened and I was railroaded.
  9. Thanks katan. Was it you that was the LIP and the defendants that had the solicitor or have you been to County Court twice using both ? I'll be glad when its all over..
  10. Thanks. I think the best option is just to bring it to the DJs attention rather than insist it is inadmissable. I think the statement can be defended anyway but of course would rather it was not there especially as we do not think the actual witness wrote it and there is no way to check. It is strange that they are a law unto themselves when my case needs to be decided by law rather than an opinion.
  11. As a LIP myself I still thought it was a major omission. So you are saying CBs link to what a witness statement should contain is wrong and Andy comments incorrect ? I could have written myself a fantastic statement then (if only I had known). Surely a name and address should be the minimum requirement in a court of law whoever you are.
  12. Thanks Andy and CB. I will object to it being taken into consideration. I am just hoping that the judge can't overide the objection and make me look a fool.
  13. Thanks very much . I have only just found the Legal Issues forum. I was in Legalaties, its not looking good for my budding legal career.
  14. They are a LIP. The whole case is really bizzare but I realise things could go either way in a court room even though the outcome seems obvious. No idea how to find andyorch or send him a message but I will have a look around at which buttons to press. Thanks very much for your help.
  15. Thanks for the replies. I refreshed the page so which forum have I been moved to ? Our witness statements are not that precise but hold all the basics so I think should pass ok. At what point do I mention the Invalid Witness Statement, just when we get to it or point it out at the start ? Is it possible the judge will overide my objection or can't he or she do that.
  16. Hi, I am in court next week (Small Claims and am the Claimant). In our court bundle we had a note to say witness statement to follow and the name of the person. It arrived in the post the same day but later on in the afternoon, the bundle was already four days late. This statement just had the name of the witness in the top right hand corner of the letter and no address. I am not surprised as this witness owes money as well not just to us but utility and other companies. I am not even convinced that he wrote it, his character is very questionable anyway. Is it possible for us to ask it not to be taken into consideration next week ? He has put in the statement "please contact me if I can be of any further assistance" IF ONLY . It has also been signed as a statement of truth. Thanks
  17. Thank you for the replies. The wacky documents have arrived 4 days late. The defendants have had time to study our bundle so they have removed 2 documents from their bundle that would harm their case. In their haste they have forgotten to alter the Index (contents) so it looks as if they are missing. Our court date has been change from next week as we have requested a priority hearing, we were on standby if the other case never turned up. We have a long way to travel so it has been granted but only just by email and a new date will be sent out. What would you do? shall I request the missing documents now with a copy letter to the court or wait until 14 days before the hearing. One of the missing documents is highlighted bank statements showing when Job Seekers Allowance commenced and ceased. Commenced being the important part, this could possibly be altered now to fit I dont know. But I doubt it will look good to the court anyway that it is missing. Any ideas welcome Thanks
  18. Hi Although only 3 or 4 days late depending on how you count it, I have not received my court bundle from the defendants that I am taking to court for none payment of rent and criminal damage, both admitted to on their defence document but they are still defending their right to do these things. They have threatened to bring photographs (tampered ones) to the court, emails and letters that don't exist (unless fabricated). As the court case looms they have not sent me a sausage.......I expected all these fabricated documents to arrive on the last day available to them, but nothing as yet. I know they want the element of surprise and may produce them on the day. Mediation failed, they even lied to the mediator. Their defence is full of waffle and he said/she said rubbish and strange laws they have dragged up from the internet to try and fit. Is there anything I can do to prevent this from happening ? do they have to have a Court Bundle as they will need all these documents to defend their case ? I can't seem to find the answer to this from surfing the net. Some say defendants do not need a bundle and can just rely on the defence document but in this case they will need it. I am confused as to what might happen. Any advice welcomed.
  19. Sorry I forgot to add. So you are saying that it is up to the judge to decide on the day about Unreasonable Behaviour and it is not to be requested ? Also as joint defendants who are father and son and live at the same address do you know if they both need a court bundle or will one be enough ? Thanks
  20. Thanks for the reply. When I asked the guarantor for the money (LBA) all hell broke loose and the family came to the house and tampered with it and then sent us the photographs which look awful. It will be hard for the judge to decide which way to go with those they are good . The tenant said he left because of the repairs that needed doing. We are fighting this as we wont be blackmailed into giving in. When they sent the photographs they said that they had taken the stuffing out of the sofa and set it on fire to prove we were in breach of the fire and furnishings regs of 1988 . Although they took the label off. In the letter is says who did it and in the defence she wasn't there at all. In the letters he left on a certain date and when they were caught out changed it on the defence. As the defendants have taken it this far we feel that they should have taken legal advice regarding their position. They have not and this was confirmed by the mediatior (mediation being no use as they can not give any legal advice themselves). We have taken legal advice in the early stages and our solicitior said we had a good case so I have continued with it. Surley what they have done can not be legal but they feel they were within their rights to do it. So my meaning of Unreasonable Behaviour is by not taking legal advice regarding their position because we are at a loss of how it has got this far. It seems obvious that it is not looked at when allocated.
  21. My tenant left leaving upaid rent and Council Tax arrears. It is too long to explain everything with his defence. He and his guarantor are defending after causing criminal damage and sending me the photos and saying he left because the house was dangerous. Strangley admitting in writing what they had done. My tenant took a room with 4 friends and told me he worked with them. We tried telephone mediation but it failed. The mediator said she had never heard anything like it before ! she also told me that he told her he was unemployed when he viewed the house, signed the contract and moved in so he shouldn't pay Council Tax anyway. It is against my mortgage contract to rent to DSS so we would never had rented him a room. He is making us travel miles to the hearing and we will have to stay overnight. Assuming we win although nothing will surprise me can I ask for costs for unreasonable behaviour ? if so do I do it now with the court bundle or wait and see what happens, can I claim at a later date. This extends to the fact that we have taken legal advice. They have not contacted anyone regarding their legal position. Thanks in advance for any replies.
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