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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

steampowered

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Everything posted by steampowered

  1. steampowered
    If you follow the process through, you will end up in a hearing with a judge. The judge knows nothing about you and he knows nothing about ServiceX or Skunkworkz. Nor is the judge going to start doing independent research. The judge will simply look at the evidence you put in front of him. If you were the judge and were given the pack of evidence, and you needed to decide whether the contract was with the Defendant or whether it was with someone else, what would your decision be? I hope you will see that the answer to this question completely depends on the quality of the evidence you provide to the judge! It sounds like you have quite a lot of good evidence demonstrating that the contract was with ServiceX, so make sure to submit all your evidence when ordered to do so by the court, and bring it with you to the hearing.
  2. steampowered
    Nothing to do immediately. Just move forward with the court process. Submission of evidence comes later - the court will tell you when to submit evidence in its directions. Perhaps write to this company separately noting that they have filed a defence claiming that they were not the seller, asking them to specifically identify who they claim the true seller was. If they don't reply or refuse to identify the true seller, include that in your evidence.
  3. steampowered
    I am sorry but I think you are on to a loser here. It is reasonable for Tesco to want to make sure they are delivering to the property which paid for the order as an anti-fraud measure. I think this will be a situation where if you don't like Tesco's policies you will need to shop somewhere else. The only ground you have for requesting a refund of the delivery charge is that there does not appear to be anything covering this situation in Tesco's T&Cs. It could be worth pointing this out to have a go at getting the delivery charge refund, though in reality I think they are unlikely to give you the delivery fee back.
  4. steampowered
    I think you need to break this issue down into two separate parts. One step at a time. The first problem you have is getting the house moved into the names of you and your brother in line with the will. The step mother really has no legal defence to failing to co-operate with this. If your step-mother refuses to co-operate it may be easiest to apply to court to have her removed as executor. The second problem would be getting your mother to move out of the property. You will need to become the registered owners first. That would mean going through an eviction process. I am afraid she was fully entitled to do that. When one joint owner dies, the money in a joint account automatically passes to the surviving joint owner. That money is not part of the estate and is not dealt with under the will. See https://www.gov.uk/wills-probate-inheritance/property-and-bank-accounts.
  5. steampowered
    You can do a search to see whether there is a registered trademark here: https://www.gov.uk/search-for-trademark As others have advised, even if nothing is registered, the friend could still be sued for passing off, see: https://en.wikipedia.org/wiki/Passing_off
  6. steampowered
    There is nothing in the T&Cs extract they've given you which says the driver must watch you taking shopping into your home! Though to be honest I do find it very strange that you didn't want to take the shopping into the house.
  7. steampowered
    I haven't really come across people providing references for the Employment Tribunal. It is a little bit odd - as much of what you might say in a reference about Mr X being an honest person is not usually relevant to whether the employer had a fair reason for dismissing him! I would keep the reference concise and stick to facts of which you have personal knowledge. Sidewinder's example looks great. I would steer clear of talking about the reasons for dismissal unless you have close personal knowledge of the same. If the employee wants you to provide evidence of the circumstances surrounding his dismissal he would need to call you as a witness.
  8. steampowered
    The NHS website says 'you would need prolonged exposure to asbestos fibres, usually over many years, before you develop asbestosis.' (http://www.nhs.uk/Conditions/Asbestosis/Pages/Introduction.aspx) It doesn't sound like there is a need for immediate panic but obviously this should be dealt with over the long term.
  9. steampowered
    When a company is wound up, its assets are used to pay creditors. Did you have a set of written terms and conditions with a 'retention of title' clause stating that you owned the wine? If not, he owned the wine - and you were just an unsecured creditor. If you were just an unsecured creditor, there is unlikely to be anything you can do. However if you could prove that he simply transferred the wine to himself, then you could go after him. The first step is to have a look on the companies house website (https://beta.companieshouse.gov.uk/) to see what happened. Consider contacting the insolvency practitioner if one was appointed.
  10. steampowered
    This makes it sound like you were told there was an excess when you took out the policy. If that is the case, unfortunately I think that you do need to pay the excess. You should probably have been reminded of the excess when you rung to make a claim, but I don't think this excuses you from needing to make payment. I just went to the gocompare.com website and searched for breakdown cover quotes. The gocompare website does clearly state the excess is on each quote. The excess is listed underneath the monthly cost of each quote. I don't know whether the website has changed since you took out the policy.
  11. steampowered
    The rules are pretty much the same for defendants and claimants. Time costs are generally not awarded in the small claims track which deals with claims under £10k. Costs are awarded to the winning side in the other tracks. You can sometimes get time costs if the other side behaves unreasonably, but this is rarely awarded.
  12. steampowered
    I would enter a defence explaining your reasons for defending the claim - including that the claim is against the company rather than you personally. Be careful not to miss the deadlines. You could separately write to the claimant explaining the above and inviting him to discontinue the claim against you personally, else you will be seeking costs. There is a better chance of being able to claim costs if you can prove that the claimant was told that he was suing the wrong person at an early stage. You can apply for summary judgment using form N244 with an attached witness statement. There is a fee for this. It is worth doing for larger claims, but I wouldn't bother for smaller claims. It would be up to the Claimant to have the name of the defendant changed if appropriate. See http://www.consumeractiongroup.co.uk/forum/showthread.php?272563-Changing-defendant-name for an idea of what he would have to do.
  13. steampowered
    It is pretty common to have a three stage appeals procedure. Most councils have this. It is also similar to how the courts work - appeal from the county court to the High Court to the Court of Appeal to the Supreme Court. It is also pretty usual for later stages in the appeals process to only be about the original complaint. Often you can't raise new evidence. Your evidence should have been in the original complaint and available to the initial decision makers, not introduced half way through the process. It does not sound like you have a firm basis for making the educational institution do anything. Complaints procedures usually do not have legal force and cannot be legally enforced. You certainly can't force an educational institution to "reply" to evidence. Either you have a legal claim or you do not - a complaints procedure doesn't change that.
  14. steampowered
    No, that will allow you to enforce a judgment if you get one. It doesn't give the court jurisdiction to grant a judgment in the first place. For the court to have jurisdiction, you need a basis for suing him in England & Wales. For example on the basis of a contract which was performed in England & Wales or a contract with an English jurisdiction clause. To get input on this you need to explain what your claim is about. You can issue proceedings in England and Wales - it is perfectly possible to serve documents on a Defendant living overseas. In this situation people often have difficulty enforcing a judgment even if they win, but in this case the Op could get a charging order against one of the rental properties. The risk is that if the Op issues a claim which is not something the English court has jurisdiction over, and the defendant instructs solicitors who get it thrown out, the Op will be ordered to pay the defendant's legal costs.
  15. steampowered
    If you brought a £13k claim and lost, you would be ordered to pay the Defendant's legal fees. What is the basis of your claim? You can only bring a claim against someone based in Australia if you have a particular basis for saying that the English courts have jurisdiction.
  16. steampowered
    I used to advise people to go down the small claims court route for unpaid wages, because the Employment Tribunal fees were much higher than court fees for small claims. Now that Tribunal fees have been removed, I suppose it might be slightly cheaper to go down the ET route? The Op could choose whether to go to ET or court. Personally I would probably still go with court despite the court fees as it is a more straightforward process, and it is slightly simpler to enforce a court judgment than an ET judgment. But I don't feel that strongly about it.
  17. steampowered
    One key pitfall is to make sure that you have the correct company name. People run into difficulties when they try to sue a company which does not actually exist. Do a search on the companies house website (https://beta.companieshouse.gov.uk/) to check that you are suing the correct company and have used the correct company name.
  18. steampowered
    The typical timeframe is 14 days. If no response within 14 days from the letter, you can either give them one final warning or ahead and issue your claim.
  19. steampowered
    Tick box 1 which says "I intend to defend all of this claim". Don't tick box 2 or 3. There shouldn't be anything else on the AoS aside from filling in the defendant's address and claim number etc.?
  20. steampowered
    Yes they need to get on with filing the AOS to risk a default judgment. They don't need to say anything in the acknowledgement. Just tick the appropriate box indicating an intention to defend all of the claim. Yes a fee is payable for a counterclaim when you file the Defence. Allocation to a particular court comes later.
  21. steampowered
    There are two possibilities for terminating this contract before expiry of the minimum term: 1) The express contractual term in clause 14.5.1, which allows termination if the customer notifies Shine of a breach in writing which is not remedied within 60 days. 2) The common law right to terminate a contract for fundamental/repudiatory breach - this applies in addition to what is stated in the T&Cs. In order to rely on (1), the customer would have to prove that the supplier was notified in writing of its breach of contract and failed to remedy it within 60 days. I could be wrong but it sounds like the customer cannot prove this. In that case the customer can only rely on (2). The difficulty would be proving that the supplier was in fundamental/repudiatory breach of contract. But at least worthwhile putting this in the Defence for now, as a robust defence will increase the chance of a reasonable settlement.
  22. steampowered
    Hi, What do the T&Cs on the bill of lading say? Do they actually say you can only claim $2 per kilo? Were you shown the T&Cs before you instructed the shipping agent? This is simply nonsense. Basic negligence claims are straightforward. Any solicitor in the country should be able to manage a basic negligence claim - basic negligence is among the first topics covered at law school, it is not a specialist area. Although as you engaged the shipping agent I would have thought it would be more straightforward to claim against the shipping agent in the first instance.
  23. steampowered
    I doubt that a transfer of equity would have been included in the old quote. I do not think you will have much chance of claiming back the difference if you go with someone else. £535 is a pretty reasonable quote for a remortgage. If it was me, I would just get my losses and go with someone else. Surely you can find another firm to do this who are offering a competitive quote?
  24. steampowered
    It seems to me that you have two options: 1) Instruct a different solicitor. Surely this should be easy for a remortgage transaction? There are lots of websites which search solicitors' quotes for you. 2) Pay the higher fee. If you want to make a complaint to the Legal Ombudsman, I would suggest doing that after the transaction has completed. You don't want to create friction or to find that your solicitor refuses to continue acting for you in the middle of the transaction.
  25. steampowered
    Good idea. It is always going to be extremely difficult to quantify/prove a counterclaim like this, and it may not stand up in court if this gets that far. At this stage a very rough estimate is fine. But I would still put a counterclaim in the defence and on the table as it creates negotiating leverage to encourage the supplier to agree a reasonable settlement. Putting a counterclaim forward doesn't cost anything. In theory, yes he can - you can't claim for time spent on its own, but you can claim for time wasted in a business context if that resulted in a loss of business. This kind of counterclaim is extremely difficult to prove and not often awarded for that reason. I would phrase the counterclaim in the defence fairly generically together with anything else he is counterclaiming for, along the lines of "The Claimant breached the contract in that it [explain]. The Defendant suffered loss as a result, including [provide a short list]".

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