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About SwanG

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  1. I said I filed an appeal based on advice “from forums like this“ I’ll come back with additional details as soon as possible thanks
  2. I've been meaning to log on and give folks an update. I won! From the moment I walked in I sensed that I would. The judge guided everything along nicely and refused to get bogged down in the defendant's irrelevant and lengthy defence. She didn't agree to some of my claim so I wasn't awarded to full amount, but enough to make it worthwhile. There were also a couple of costs I think I should have got which she didn't give me. I only got mileage for a one way trip (a 260 mile each way journey). And she did not allow me to claim for £40 airbnb, saying I could have driven there in the morning
  3. by the way, some of this may not seem relevant but the main bulk of his defence was that I was not forthcoming with information, and it's laid out to give a precise timeline of what was provided to him and when.
  4. Court tomorrow. I've submitted a long witness statement, but I've attempted to condense the facts. Trying to heed advice and be as concise as possible. He hasn't submitted a statement. Wondering if you guys would take a read through everything I want to say and give me your thoughts. Does it tick off everything it needs to? Could it be even more concise? Any final tips appreciated. Sept 28 car purchased October 24th Car develops a very loud grinding noise in all gears. 25th October Prior to a full diagnosis, I clearly stated to Mr X that if he was unwilling to meet t
  5. Reading eric's letter he recommends you should state: the claimant has failed to identify who was driving at the time and there is no keeper liabiity in this matter. The terms that are supposedly entered into are not stated in this claim and in any case do not apply for this same reason of lack of identifying who the debtor properly is. The claimant fails to show what the clain is in relation to, whether a contractual charge or money owed due to a breach of contract and if the latter what this breach is and how it came about. As the claim is unclear to its nature an
  6. Another goofy question. When I outlined my claim, it was based on an invoice. The receipt is for quite a bit more than I claiming for because I had additional work carried out while it was in pieces. I've now redone the maths, and I've claimed for about £100 more than I should have. None of my original claim amount using MCOL includes costs (travel, hotel, cost of my expert witness, missed work etc.). Two questions: 1. Will if reflect badly on me if I reduce the amount I'm claiming for on the day? I want to be completely transparent and fair in what I'm seeking 2. If I win, I assume the
  7. No I get that. But I thought I read somewhere that you could move to have the case thrown out based their inability to comply.
  8. Okay, letter sent. There was no solicitors firm on the document. It was signed by legal council but said to send any correspondence to a parking eye address. that is where I've sent it, recorded delivery for tomorrow. Can I ask what I should expect from it? What do I do if they don't respond within 14 days?
  9. Also, I'm reading some similar cases trying to prep for the day. While I understand decisions from small claims aren't case law, can I use some of them as examples on the day, if I feel things aren't going my way. Or should I refrain from using law in an attempt to guide the judges decision? This is of particular interest: Barnes v McGrath Evesham County Court May 2011 as no Ts&Cs were defined by the dealer
  10. Thanks. If I win, can I ask for additional costs not included in my claim? I've had to book a hotel and I'm driving across the country - costs I didn't consider when I initially filed my claim.
  11. Okay, okay. I thought I'd buggered it up with my botched defence, but if you guys think it's still worth it. What kind of costs are we talking? I'll send it recorded delivery tomorrow AM. Is the idea that this needs to reach them before the case is allocated to a track? How long does that usually take?
  12. As I said before, because it is not really worth the effort. I work as a freelancer and time is money. When I way up the cost of defending myself (or my wife) - ie. time off, hours of reading, and taking screen grabs of parking signs in google earth etc. it doesn't make any sense financially. It sounds kinda fun, but it's a waste of mental resources. I'll send the letter now, because it looks as though that presents an opportunity to get the case thrown out before a hearing (?), but I have no intention of going to court over this matter.
  13. I'm not scared, but I want to back down if it goes to court!! DX, should I indicate that the defence has been filed or just copy the letter verbatim?
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