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marka1980

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About marka1980

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  1. Update: The defendant has now paid in full via the high court enforcement officers. Thanks for all of your help. Is there anything else I must do to advise that the CCJ has now been settled? Thanks Mark
  2. Thanks steampowered. If it was early in the process, i.e before a visit was made, would I or the debtor be liable for charges already accrued ?
  3. Hi, Judgement has now been entered , and payment requested forthwith. If we choose the high court enforcement route. What would happen if the debtor paid during the transfer up process. We are choosing a hceo who would carry out the transfer for us.
  4. Thanks Steampowered. I'm quite sure of the defendant's home address. Do you think it might be a good idea to change the business address to his home address when it comes to judgement? I can always go on another occasion and check he is still there. If he doesn't spend much time he will still receive the letters. If it gets to the stage where court bailiffs and high court enforcement officers are involved, will they not track him down anyway.
  5. Hello again to all, The defendant has yet to file a response.. With the date I can request judgment fast approaching, I would like help on my next move. Obviously, I must request judgment online. When judgment is requested does a judge look at the POC and decide if there is enough of a case to rule in our favour, or, does the fact we've had no response make it a win for us anyway? Another point to mention, is I drove past his unit the other day. There was no one about, but he still had motorhomes outside and his sign was still above the door. Would it make much of a difference if he was in the process of moving premises? Just the other day another disgruntled customer of his contacted my dad. He has also received no response from any contact made. I'm sure he will take action like we have. Thanks Mark
  6. Thanks Bazooka Boo.. I did add the extra bit about interest before submitting it last night. did put T/A after the defendant's surname in the end. I think it would have best before the company name below. It's too late to change it now, but I don't think a small thing like that really matters , I have the address and names all spelt correctly.. I'll keep you updated on our progress. Mark..
  7. This is my final draft of my "particulars of claim" I'm going to send it tomorrow night. In May 2015, the defendant, Mr **** ****** of ****** Caravan Repairs carried out damp repairs on my Bailey Pageant Vendee Caravan. Following recent damp tests and checks, damp has been found to be still present in the areas he carried out repairs. I find the repairs to be in breach of section 13 of the Supply of Goods and Services Act of 1982, regarding repair work completed without the necessary care and skill. Mr ******* also provided me with a verbal Twelve month warranty, so by ignoring my attempts of contacting him he is breach of contract, on the promise he made. I have made several unsuccessful attempts over the telephone and in writing to contact Mr ***** since finding problems with the repair. I sent Mr ******* a letter dated 5th February 2016, giving him until the 20th February 2016 to send me a refund, and I haven't a received a response. I am requesting a full refund of £1600.00 so I can commence with the necessary repairs needed to my Caravan.
  8. Hi, I am currently in the process of issuing a small claim against a "sole trader" caravan repairer on my dad's behalf. The repairs carried out have been found to be of a poor standard judging by recent damp reports, and inspections by other caravan repairers who have quoted. First of all, our aim was to get him to agree to repairs, or we would get the caravan repaired by a third party repairer and invoice him the cost. Afterall, a twelve month warranty was provided verbally at the point of collecting the caravan. The repairer still has "twelve month warranties on all repairs" stated on his website. Due to the high costs of the repairs, and such to the poor quality of materials used the repair is now far more complex and expensive than first thought. We now would like a full refund of what was paid for the repair so we can continue to progress with repairs with another company. Until the monies from the rogue repairer have been recovered, we do not have the funds to get another repair done I sent a letter before action on 5th February 2016, giving him until the 20th February in which to respond. No response has been received, please see my particulars of claim as below: In May 2015, the defendant, Mr ******* ******** of ****** Caravan Repairs carried out damp repairs on my Bailey Pageant Caravan. Following recent damp checks and tests, damp has been found to be still present in the areas he carried out repairs. I seek a full refund for the repairs totalling £1600.00 for breach of contract s13 Supply of Goods and Services Act 1982 arising from repair work completed without the necessary care and skill. Mr ********* also provided me with a verbal twelve month warranty, as also stated on his website. I have made several unsuccessful attempts over the telephone and in writing at contacting Mr ******** since finding problems with the repair. I sent Mr ******** a letter dated 5th February 2016, giving him until the 20th February to send me a refund, from which I have received no response. I would welcome any thoughts on the above. Rewording perhaps..
  9. Hi all, I'm just beginning our Claim with "Money Claim Online" and I am in need of a bit of help before I begin. The defendant is a Sole Trader, so I have his name and address in the boxes as follows : Box 1 - Title: Mr Box 2 - Joe Box 3 - Bloggs T/A Box 4 - The Bad Caravan Repair Co. Box 5 - Address Box 6 - Address Box 7 - Address Box 8 - Post Code There wasn't enough room in box 3 to put "T/A" and then the name of the company, so I just wanted to know if I am correct putting the business name in Box 4 below. We are claiming back a refund of the full cost of repairs of £1600. My dad has also had to pay out for damp reports, quotations, postage costs etc... Now should I add that to the £1600, or is there another part where I can add the relevant costs incurred. I have also considered claiming interest, but I don't know if we are entitled to do so, and also from what date it's reasonable to claim interest from i.e the date we first contacted the company to tell them we weren't happy with the repair. In the particulars box do I name the defendant by name and business or do I just put "the defendant".? I have also read the MCOL guide, and found out that claiming interest will reduce the amount of space needed in the particulars box by 6 lines. This is quite a lot, and I don't want to have to send extra particulars to the defendant after the claim has been issued. I'm sorry I'm being a pain, the answers might seems quite simple, but I don't want to jeopardise the claim in anyway by getting the basics wrong. Thanks..
  10. Thanks steam powered. I understand i couldn't use it as an expert's report then. Perhaps, I could use it to add more weight to my case as part of the quotation he also did for me. The report just shows how poor the repair is, he says it's the worst he's seen, and he wouldn't have paid £300 for it, let alone £1600. Now another thing is. Just after the repair in May 2015, my dad asked the same repairer to put silicon on the caravan to seal it better. He paid an extra £200!! Even though the extra work has never been mentioned in any letters to the repairer before, can we now ask that we want, not only the original repair bill refunded, but a refund of £200 for the job he did afterwards?
  11. Hi, A repairer has very kindly done a report on the bad repair job. My dad has spoke to the legal team and at the camping & caravanning club, and they said for a report to be shown in court, an expert must produce a report under "civil procedure rules". I have googled it, but can't really find out much about it. The report is very good, but I'm sure if it will be acceptable in court. Would it be possible for me to email the report to someone so they can check it out and see if we can use it in the latter stages of our case? Thanks Mark.
  12. Thanks steampowered, some good advice there. I'm going to use MCOL now.. i'll get onto the weekend.. He is a "sole trader" not a "Ltd" company, so I think I will put his home address down. It's where we have sent copies of previous letters to. It's a shame to get his family involved in all of this, but, he obviously hasn't spared any thought for my dad and all the hassle it's caused him, so it serves him right. Would I put something like "The Bad Caravan Co" and below "c/o Joe Bloggs" followed by his home address, on the form? I assume I must mention the name of the business even though I've put his home address down. I will definitely post up the draft form I type out on here. It's the first time I've ever done anything like this, and also, a little more difficult as I'm doing it on my dad's behalf. Hopefully, when he has the work done we will have photo's of the poor repair to make the case watertight...
  13. Hello again, and thanks for all your help. I'll start on the claim at the weekend and take it from there. I have printed the online guide to MCOL which is 26 pages long, so I need to read and understand that. I'll keep you posted on what happens.. Mark..
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