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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
    Can you find your original emails from gocompare? These should hopefully have a copy of your policy documents attached to them.
  2. steampowered
    The answer is that there is a wide range of possible outcomes. However in the context of a long marriage the courts will usually go for a 50/50 split of assets unless there is a compelling reason to do something else. There may be maintenance involved for the children but I don't suppose that would be much given their ages.
  3. steampowered
    I meant to say the latter (although I see why you read it the other way as it was not clear in my original post!) The point I am trying to make is that the Op is trying to claim for his entire party and it might be difficult to prove that everyone in the party was ill, as opposed to just one or two people. Not impossible, just potentially difficult. I agree
  4. steampowered
    Do you actually mean 'arbitration'? Or do you really mean 'mediation'? They are very different! If both parties agree to submit the case to arbitration or mediation, it doesn't matter whether there is a mediation/arbitration clause or not. The arbitrator/mediator should be paid for work you asked him to do. It can't be very much if the case did not proceed to a mediation/arbitration hearing?
  5. steampowered
    In terms of additional costs, there would be a 'hearing fee' to pay if the case proceeded to a hearing. Search for court form EX50 which explains what this is. There shouldn't be much else. You would not usually be liable to pay First Choice's legal costs in the small claims track. However you could be ordered to pay their costs if the judge finds that you 'behaved unreasonably'. This is rare but would apply if - for example - you ignore court deadlines, ignore court correspondence or part of your claim is found to be dishonest/fraudulent. The main difficulty with a case like this would be proving it I suppose. You would need to prove on a balance of probabilities that (1) everyone in the family was actually ill, (2) the illness was caused by a problem at the resort. These things are quite difficult to prove so you need to have a think about what evidence you might be able to come up with or request from First Choice in due course - e.g. doctor's reports, was a report made, were other guests in the resort ill too, etc. etc. In terms of procedure, you should serve a formal 'letter before action' explaining exactly what you intend to sue for and stating that a claim will be issued if a satisfactory response is not received within 14 days. You then wait 14 days for them to respond before issuing your claim. The Civil Procedure Rules require that you do this. You should be able to find reasonable templates for this online.
  6. steampowered
    The law says that you have to pay the agreed price of the service. If the agreed price was £500, that is what you have to pay. If no price was agreed, it will be a reasonable amount for the services provided. The law also says that services must be provided with reasonable care and skill. If this was not done, the gardener will be in breach of contract. In this case you would be entitled to reduce your payment by the cost of putting the work right. You might be able to say you aren't paying the first invoice because the work was done to a poor standard. But if this is the case you are expected to give him a chance to put it right. It makes no difference whether the price is split over one or many invoices. The number / order of invoices makes no difference.
  7. steampowered
    If the customer did not clearly notify the supplier that it is terminating the contract, the contract will remain in force. Saying that "we are thinking about moving to BT" is nowhere near enough. Either the customer terminated the contract or it did not. There is no middle ground. If a proper notice of termination was not given, the contract is still in force. And the customer will continue to be liable for all future invoices until such time as the contract has been terminated. The T&Cs has an evergreen clause (clause 3) which says that it will continue renewing forever and ever for successive 12 month terms until a notice of termination has been given. Hence why the customer really needs to get a grip on creating a proper paper trail to prove that the service has been terminated. If the customer feels that the supplier has breached the contract in a fundamental way, it now needs to send the supplier a clear notice of termination. The customer should send a separate notice of termination before filing a defence. This would allow the customer to say in the defence that it has terminated the contract due to the claimant's breach of contract. No doubt the supplier will dispute that it has breached the contract. You can argue about that in court. As the contract was not terminated, I think the customer has to accept that it will be liable for all invoices up to the date of termination. The only way to get around that would be to make a counterclaim against the supplier, so that the value of the counterclaim can be set-off against the outstanding invoices. To go down this road the defence will need to include a counterclaim. This will need to contain (1) a clear allegation that the supplier has breached the contract, and (2) a clear explanation of the estimated financial loss that has been suffered as a result. Read the T&Cs and see if you can identify any particular terms which the supplier has not complied with, especially terms to do with service provision. I see that the supplier is claiming for all invoices to the end of the contract - not just the last 2 months. The defence should make it clear that (1) the future services have not been provided and so the customer is not liable to pay for them, and (2) there is no provision for any early termination fee in the T&Cs.
  8. steampowered
    What you need to understand is that there is an enormous body of civil law which enables you to be sued regardless of whether you sign a document or not. If you do something wrong you can often be sued for it. For example they could potentially sue you for defamation if you tarnished the reputation of the club regardless of what you sign.
  9. steampowered
    What information / document are you actually asking for? What reason do you have for seeking a copy of such an old documents? Most solicitors will keep a file for 6 years but the file may or may not have what you are looking for.
  10. steampowered
    No, read that clause again more closely. It only says you cannot sue the program management, organiser or their team. There is nothing to stop you from suing the club. This is a very common ckause. It is there to ensure that any claim is brought against the club - rather than against the individuals personally. You will find exactly the same thing in the terms of engagement for any solicitor: it will always say you can only sue the law firm, not the individual solicitor. The document says they can kick you out 'if I breach any of the undertakings or my conduct falls short of the above guidelines in any way and/or impacts negatively on the community'. That sounds perfectly reasonable to me. Even if you didn't sign anything, the club will be entitled to kick you out at any time. There is no legal protection against being unfairly kicked out of a club. So signing the document doesn't make a jot of difference. It is common to have clauses dealing with personal associations. This is so that the club can kick you out if (for example) you are an active member of the BNP. Yes the wording around "doubt" is broad, but I struggle to see how it could be enforced. The reality is that if you fall out with the club you'll probably simply get kicked out. Anybody could sue anyone for millions at any time. Of course the court would only award the actual losses the club has suffered as a result of a proven breach of contract or tortious wrong. The club could sue you for negligence/defamation/many other things whether you sign or not, so signing the agreement doesn't actually change much. I'm afraid pretty much any club you care to name, and the standard T&Cs for pretty much any business, will have very similar provisions. I don't think there is anything unusual in the document so I think this is a case of "that's life".
  11. steampowered
    The first thing is to speak to the agency. If he was told he would be getting tips, then I think it is perfectly reasonable for him to expect to be able to keep his tips. I am in two minds about whether he should hand over tips at the end of the day. Part of me thinks he should keep them, as that is the basis on which he took the job and the agency do not have his consent to change the agreed terms of his contract. If he refuses to hand over tips that is a disciplinary issue the employer can take up with the agency - arguably theft but I think on balance probably not as theft requires 'dishonesty', and I think you could say he is not being dishonest. On the other hand he can be sacked very easily. However if customers are told that tips would go to charity, then I definitely think they need to go to charity. If a customer tips you £20 on the basis that the money is going to charity, that money is really a donation to the charity rather than a personal tip. The accounts for charities, and details of number of people earning more than £60k, are publicly available. The average charity in the UK spends 78p of every £1 on charitable activities. The remaining 22p is spent on administration (such as director and employee salaries) and fund raising. Of course that figure varies from charity to charity. Saying that you don't want to donate because money gets frittered away on administration is a poor excuse because you can easily look up how much any particular charity spends on administration before donating.
  12. steampowered
    I read the document and it actually looks reasonable to me. Lots of clubs/societies/organisations have similar documents. I didn't see anything in there which gave me cause for concern. What are you worried about if you sign?
  13. steampowered
    Has your friend asked her solicitor's advice on how much she is likely to receive if she went to court and was successful? Remember that the first offer is rarely the 'final offer'. It might be a good idea to make a higher counter-offer, perhaps £10k. The defendant may be willing to meet in the middle, perhaps at £7.5k. The defendant is likely to be willing to accept £5k at a later date, so your friend should not feel pressured to make an immediate decision.
  14. steampowered
    Verbal notice can count, the difficulty is proving it. In the defence, he would need to clearly state in his defence the exact date on which he verbally terminated the contract because of the claimant's breach of contract. It is very important that this clearly goes in the paperwork. If the claimant denies this conversation the judge would have to decide on a 'balance of probabilities' who he thinks is telling the truth. Unless the claimant is citing something in their T&Cs, I doubt the T&Cs are relevant. It will be more important to demonstrate the three points mentioned in my post - i.e. that the supplier was in breach of contract and the customer terminated the contract. By far the most important thing is to get an acknowledgement of service and defence filed in time. Even if the documents he files are very short and basic. If your friend misses the deadlines he will lose the case by default.
  15. steampowered
    That is really unfortunate and I am sorry to hear about it. What a nasty piece of work. I do not see how she has any grounds to call the police. Perhaps it should be you calling the police or complaining to the council about her. Shouting at kids playing in their back garden sounds like harassment to me.
  16. steampowered
    If a supplier is in repudiatory breach of contract, the customer has a right to terminate the contract. The customer can terminate by notifying the supplier. The customer would need to prove three things: 1) That the supplier had breached its obligations under the contract (you need to specify exactly what the breaches were in the defence). 2) That the supplier's breach was repudiatory (i.e. it was fundamental - I suppose not providing the agreed service for a long period of time is fundamental). 3) That the customer notified the supplier that it was terminating the contract. Can the customer demonstrate these three points? With regards to point 3, if a formal notice of termination was never given, the customer should do that now - and may have to accept that it will be liable for invoices prior to the date on which it actually terminated the contract. Regardless, the most important thing is to to file an acknowledgement of service and make sure that a defence is filed within the appropriate timescales. These should be explained on the form. A default judgment will be issued if the timescales are missed. You can still try to negotiate a settlement after filing a defence. If the supplier has breached the contract, the customer should include in their defence a counterclaim for any business losses suffered as a result of the downtime. If the supplier is facing a counterclaim the customer has more leverage to negotiate a settlement. Also, have a look at the supplier's T&Cs to see if there is anything in there which has been breached. Pointing to a breach of a supplier's own T&Cs is always one of the most persuasive points to make in a legal dispute.
  17. steampowered
    Did you sign any paperwork when you went out to Norway? If so what does that say about the duration of your time there? You would have to find a new tenancy when you returned to the UK whenever you come back, so I don't understand why it is more difficult to do that now than it would be in a few years or months time.
  18. steampowered
    Something simple is fine. See an example below: Dear Sir/Madam I worked for you from [date] to [date]. I am due £[amount] by way of outstanding wages. To date this money has not been credited to my nominated bank account. Please make payment of the outstanding wages within 14 days. In the event that payment is not made, I will unfortunately have no option but to issue a claim in the employment tribunal or the county court for the wages I am due. I look forward to receiving prompt payment by return. Yours faithfully
  19. steampowered
    Hi there The first thing is to establish who was liable when the goods went missing. Is there any proof they arrived at the warehouse? Did you have a direct contract with the warehouse or did you only deal with them through the broker? Once you've identified who might be liable, it is perfectly possible to claim for loss of profit, if the loss of profit would have been predictable to a reasonable person. However, most companies will exclude any liability for loss of profit in their T&Cs. Were you provided with a set of T&Cs when entering into a contract (e.g. in an email) and if so is there a 'limitation of liability' clause in there please?
  20. steampowered
    The fact that the payment was sent to Skunkwurx's paypal account does not necessarily mean your contract was with Skunkwurx. For example, if the website was under a different name or there was a different company name on your order confirmation email, you could say your contract is with that company. Do you still have your order confirmation email and does it have a company number on it? Or is there a company number anywhere on the ebay page you ordered from?
  21. steampowered
    You can't force the school to substantiate their claims. If the information is incorrect, they wouldn't be able to substantiate it anyway. And a 'letter to parents' is not a legally significant document. If you believe that the information contained in a formal planning application is not correct, or that the planning application would have an adverse effect on you, the appropriate way of dealing with that would be to object to the planning application. Presumably it is possible for you to object?
  22. steampowered
    Yes, I remember being taken on an A road very early on in my driving lessons! I think we pootled along pretty slowly while the other cars all zoomed past in the other lane. Scary stuff
  23. steampowered
    You could point out that there is no company called the Performance Trade Autocentre. And that all companies are required under the Companies Act 2006 to disclose their full registered name, company number and registered address on all letters! And ask him to confirm if you are being contacted by a company, or by [name of individual] personally?
  24. steampowered
    Good idea I think It makes sense to have your first experience on the motorway with an instructor during a lesson, rather than on your own !!
  25. steampowered
    I have to say, from your post, it is not clear to me whether (1) your mother was selling the harp, or (2) your mother was just acting a listing service. You need to prove that it was number (2). If I was the judge, I think I would want to see a little more evidence to be convinced. The court has presumably ordered that evidence on which each party intends to rely needs to be exchanged a certain number of days before the hearing? If so, your mother needs to send any emails, a copy of the advert, print-outs of her website etc. - any document she intends to rely on - to the claimant by that deadline. She needs to provide as much as evidence as she can demonstrate that number (2) applies. There is nothing to get too worried or stressed about. Small claims hearings are much less intimidating than your mum imagines. It isn't like being on TV. The worst case scenario is that the judge awards a refund and the minor court costs paid by the claimant, nothing worse than that.

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