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Found 1,921 results

  1. Hello everyone Last August (2017) I parked in a small carpark outside a parade of shops and went to have lunch with family. There was no pay & display machine and I genuinely thought it was free parking. Some time later, I received a letter telling me that my registration number had been detected on the way in and out of the carpark and I had overstayed the allowed amount of time. They wanted me to pay a fine. I ignored the letter, believing that it was not enforceable, and also ignored one or two reminders. A few days ago I received two pieces of correspondence. One was a Particulars of Claim from the parking company, filling two pages, quoting a Claim No. and with an accompanying letter saying that a copy had been filed with the court. The other was a Claim Form from County Court Business Centre. This also included information in the Particulars of Claim box but, interestingly, this particulars of claim was different and very much briefer than the one sent to me. I'm not sure if that is significant. The longer Particulars (the one sent direct to me) mentioned such things as "failure to adhere to advertised terms & conditions", "breach of contract for failing to adhere to the terms & conditions" and that their terms & conditions were "accepted by conduct" (ie presumably by me parking). They are claiming £160 plus £25 court fee, plus interest. My contention is that, no matter how obvious they claim the signage to be, if I didn't see them then they were not obvious enough. Surely it is their responsibility to make sure I see it, not mine to look for it. If I didn't see a sign then I couldn't have agreed to their conditions and no contract was made. Unfortunately, the carpark is nearly 100 miles from where I live and I cannot easily go back and check the signs. I have seen a sticky thread (with the confusing title 'CPR 31.14 Request to use on receipt of a PPC') which suggests I should ask the parking company for a copy of their contract with the land owner. Surely that is confidential and they will refuse/ignore my request? The same with asking for copies of planning consents relating to erecting signage. What if the documents cannot be secured in time for me to use them in my defense? Is there any way for me to ask the court to suspend action while I wait to receive requested information from the claimant? I am up for fighting this, if you guys think there is much chance of winning, but I am not very confident about this sort of thing. If anyone is prepared to hold my hand and walk me through it, I'll have a go. Can anybody help me? The issue date on the court Claim Form is 21 May 2018. Thanks, John
  2. HI, apologies for randomly contacting you https://www.consumeractiongroup.co.uk/forum/showthread.php?488162-VCS-final-demand-before-court-action - I have received a similar letter from PCN today re a PCN in Edinburgh from May 2015- can I ask what you did re your case? It was def my car, but I was not driving it at the time of the PCN!! Thanks
  3. Advice please I have received this letter, see pics, its a debt with marbles credit card which was then sold to cabot this year, now i have got this letter from Mortimer Clarke regarding potential court action if i do not respond in 30 days. ( i also have an aqua credit card and aqua loan which i have also not paid off they are sending me letters as well but not go to this stage yet and they are the same company as Marbles so i guess will be doing the same thing next. I cant afford to pay this and have been struggling. Long story short, my ex used to take my money and use my cards to gamble and pay for a drug habit i didn't know about i was subject to mental torture for an extended period of time, if i didnt let him do this he would threaten to tell my job lies to get me sacked which made me feel sick as i love my job and i am good at it, now he is finally out of my life i have a shed load of debts that will be chasing me like this one. What is the best thing for me to do. Thanks in advance.
  4. Some of you may remember - I run a small retail store, in a shopping centre, there is parking but you only get 20 mins or something. I had no issues whatsoever for the first 2 months, everyone did it, then in around feb started to get yellow NTK... Now whether my next action was right or wrong is not the point here.. I just binned them taking no notice of them.. Let's just say I maybe got about 20 or so over 3 months... I was told to not worry about DRP, I am not... Just had a letter in the door saying 'intended court action'... I have absolutely no intention of 1. getting worried, and 2. taking action. Can someone please let me know what I should do here.. I am paying tenant of the shopping centre, is there anyway I can write to them and twll them to go away nicely?
  5. hi received a court claim from mmf(lantern) dated 3.9.18 to do with a pounds to pocket loan poc it says in respect of a regulated credit agreement between the defendant and quick quid payday loans should the poc not state pounds to pocket itself . .thanks
  6. Hi, My son received a CC Summons from Lowell for and old Vodafone broadband account when he was in bad relationship with a woman. he has not dealt with this and has stuck head in sand, ex has nowt and only know he got letter in March from lowell offering 20% discount then another in June saying something like 30 days to prevent legal action which he also ignored. Next thing CCS Issue date 25 July arrives at mum and dads house with his name on it. Any help appreaciated please! Thanks
  7. Hi guys im new here , i signed up because im being threatened to be taken to a small claims court. A long story short 1 or 2 years ago i met a guy on gumtree (that had bought a computer off me) and he had asked whether i could supply him with a large amount of computer components, me being not being mature and silly i accepted this and we talked over email for a bit to confirm details. After that he had transferred over £70k into my bank and what we agreed is that i give him a certain amount of computer components each week which i did for several months until the guy supplying me with the cheap components stole a large sum of cash from me which was so stupid of me. i was left with £25k left and £40k worth of components left to give him. I got scared at this time i lost communication with my customer and pretended it didn't exist. at the time i was doing GCSEs and wanted to focus on the exams at the time. after the exams i had gained enough confidence to contact him and explain what had happened he agreed that i could just give the rest of his money back by paying £2.5k a week, what i did was i put the money into crypto trading and i spent hours upon hours on the trading site and most cases only getting a couple hours sleep but i was making just enough for the £2.5k a week i continued paying him off for a few months until my trading account got hacked and all my money was stolen (i did file a police report to action fraud but nothing happened) and the website owners said they could not do anything. The customer asked what had happened to the payments after i had not made that weeks payment i panicked and blocked his email address and all was good for 6 months im doing a-levels atm (physics,chemistry and computer science). I was really enjoying life without the stress. Recently i got an email from his brothers email stating that i had owed £12k and that i can pay it now or pay £14k in small claims court . I am more than willing to pay this off and had no intention of taking his money but tbh i was scared out my mind. the problem is i am a 17 full time student doing really hard a-levels that require my full time and i currently dont have a job and have like £30 in my bank. i dont have many possessions as i had sold most of it to make my final £2.5k payment. i have a average computer, an iphone 5c and a good pair of headphones . I am just asking for what i should do in my position as i did some research and i read something about how you cant make a claim against a child and how you cant make a claim above £10k is this true if not how would i go about this as im not going to lie i have no clue on what to do. I would greatly appreciate any advice with this. Many thanks in advance.
  8. Hi everyone, I’m a first time poster although have been reading for some time, hoping some of you clever lot can offer some advice. A simplified background is as follows: Subby (my uncle) put a claim in online to the small claims court against a small limited company for non-payment. Prior to this the ltd company claim non-payment was because issues had arisen with a previous job the subby completed (which was paid for) and the Ltd company would now have to pay to have corrected. I feel that the subby had no choice to initially issue a claim ( requests for payment were made and notice before legal action was sent), as he was simply told he would not be paid and was not allowed to correct alleged faults, view them or even told fully of the problems, despite requesting this. Therefore, it looked suspiciously like the ltd company were trying to pull a fast one and simply get out of paying. Ltd company then counter claim (for a much higher amount) for said issues, on receipt of the counter claim subby for the first time gets some info regarding issues although they are still lacking in detail. The ltd company have a dubious past history, which although not relevant here does explain much of the above. It can also be proven that costs in their counter claim have been inflated and they have not mitigated the costs as they should have done. However, as the court date approaches the worry sets in. If the ltd company can prove the subby was at fault, can they win their counter claim? Despite the fact that had information been provided at the time payment was due then it would never have gotten this far? There was no written contract in place, therefore no terms and conditions other than do the work – get paid. A court date is now set and we have what I believe to be the final chance to submit evidence and worst-case scenario is that the Ltd company will have more evidence not yet seen by the subby that will be submitted. Most of the subbys evidence was submitted in the original defence on the counter claim, but there are now a few extra bits. Which would be the best track to go with this? Does he deny all responsibility of bad workmanship as he was not allowed to view it and the evidence supplied so far is poor, therefore how can he admit it? Or blame the whole thing on the ltd company not supplying evidence prior to the claim being entered? Or use the inflated costs, lack of mitigation of costs and the fact that he could have put right any issues for free, thereby leaving the ltd company with no costs at all? Or should all of the above be used in his defence? Thank you for reading, any advice offered will be extremely welcome.
  9. Hi, new user here but long time browser. I am after some advice on a situation I am currently involved in... On 30/04/2018, I was driving home with my wife and 22 month child in my 2016 Audi A4 which has done 19,500 on the clock. Whilst driving, I lose control as if I had burst my tyre and upon regaining control and parking, I inspect the car to find the front passenger wishbone snapped off. The car was towed back to Audi in Coventry to be inspected and I was informed that I must have hit something as there was under tray damage as well as to the gear box liner. The issue is that on 18/04/2018 I took the car to Listers Audi Solihull for its service and health check. Audi actually record any issues in a video called Audi Cam which they provide to customers. Within said footage, you can actually see the thumbnail sized dent in the wishbone where the fracture and eventual crack occurred. I have provided images of the video still that shows the dent; the technicians hand is mere inches away from the dent yet he failed to inform me resulting in the car being driven for under two weeks for it to eventually fail. I have also attached the image of the wishbone snapped. My view is that the technician should have informed me of the dent as the wishbone is a vital part that undergoes stresses and any damage especially one that was visible would affect the performance of the wishbone causing it to eventually fail. The Listers Audi service manager stated in regards to the this "We carry out a vehicle inspection on all cars that we work on in the workshop, this inspection is part of our duty of care to our customers, and is an industry approved process. I have reviewed the inspection and Technicians report on your vehicle and I find that everything was done correctly. With specific regard to the suspension arm I can see that the indentation gives no suggestion that fatigue has taken place in the arm, therefore there is no reason the Technician, who has no knowledge of the vehicle history would suggest the arm be replaced. We could clearly see damage to the undertray and arch liner, but that is it. we were not aware that the vehicle has sustained a significant impact to the underside/suspension, and there was no mention of this on the Job Instruction from you. " I would have had no idea of any damage to the underside of the car as most do not have the equipment to lift the car spot high to inspect and I would argue that's why the car is taken in for a service in the first place. I contacted Audi UK for them to mediate however Listers would not budge to repair the car, therefore am looking to take this to small claims court. An independent assessor from The Institute of Automotive Engineer Assessors (IAEA) has also looked at the damage and confirmed the dent is the origin cause of the part to snap. His view is that it would be 50-50 for the court to award my claim which would be for my insurance excess of £650, The impact on my policy increasing due to the claim, expert fees and court fee to be awarded. I would be representing myself and the assessor would also attend. Do you guys think its worth pursuing through small claims court and any views of my chance on success would be most welcome. Thanks Yans
  10. Hi - first post. https://www.consumeractiongroup.co.uk/forum/showthread.php?485544-VCS-windscreen-PCN-Scotland-Disabled-Badge-on-floor-opps-i-have-told-them-i-was-driving-help Have received today exactly the same letter as post 52 above, relating to an alleged PCN in Dundee on 7 December 2015. I have a vague recollection of there being a PCN in the location a long time ago but am sure I haven't had any reminders since, so it's odd to have this final demand before court action 2.5 years later. Maybe the Carly thingy case has got them excited, as they mention that although it has no bearing on what they're written to me about. I assume I ignore?
  11. Claimaint: Vehicle Control Services Solicitors: None identified Date of Issue: 19 Apr 2018 Particulars of Claim: 1.The Claim against the Defendant is for breach of contract in respect of breaching the Terms and Conidtions set on private land. The Defendant was issued with a charge notice and has failed to settle their outstanding liabilities. 2.At all material time the Defendant was the registered keeper and/or driver of the vehicle identified in the Particulars of Claim. It is alleged the Defendant breached the Terms and Conditions of entering private land as detailed in the Particulars of Claim (to follow). 3.The Claimant seeks the recovery of the CN and interest under Section 69 of the County Courts Act 1984 at the rate of 8% at the same rate up the date of Judgement or earlier payment. I will provide the defendant with seperate detailed particulars within 14 days after service of the claim form. Claim is for £160 + £25 court fee = £185 ---------------------- Hi, have received court papers wrt the above Basic summary of events: -NTK (not me) received 20/4/2017. Issued 13/4/17 but for contravention date 2/4/17. Due to easter holiday this meant >14 days so POFA does not apply -I appealed on the keepers behalf. VCS say I selected the driver option. Have no recollection of this and they have been unable to provide evidence of this being selected. In my appeal wording I did not say I was the driver. -VCS pursuing me on assumption I am driver. Initially said they had CCTV, now saying pursuing based on my admission in the appeal. Don't actually think I've personally received a CN from them contrary to their PoC. -I don't actually think they have ever issued me with a charge notice. Happy to take this to court and defend myself Submitted my AoS 23/4/18 and also selected contest jurisdiction due to the byelaw issues at LJLA, however have to pay a large fee ~£200 to pursue that. Is it worth pursuing the contest of jurisdiction? I think I can make a robust defence in any case based on other threads I've read on here and Pepipoo. Can I claim the fee back if successfully contest jurisdiction? Advice re next step would be appreciated thanks in advance
  12. Hi everyone My brother has received a letter today from the county court business centre that was headed Judgement for Claimant (in default) It says you have not replied to the claim form (never received anything from the claimantt E-On) It is therefore ordered that you must pay the claimant £727.27 for debt and interest to date of judgement and £60 for costs. My brother has never received any court papers or even letters threatening court. But now he’s had this in the post. I’ll upload a scan of it but I’m not sure how to respond to the court document. Any help would be greatly appreciated Thanks Andrew
  13. hello i hope this is in the right place, firstly i`ve been paying my council tax since: december - paid january - paid february - paid march - missed it april - paid may - paid was recently sent a letter saying they are taking me to court and adding 92£ court summon cost to my bill! because i missed the march payment, this is crazy! they should of at least sent me a warning letter or somthing, i missed march but kept paying april and may etc so they know i didnt stop paying i just missed 1 month and got it mixed up. i rang the number on the letter and they told me theres nothing they can do and i must pay in full etc lady on the phone didnt really care much. i tried to go to the manchester city council building today but by the time i arrived it was already closed. will try again tommorow. the reason i missed march payment was because my mothers younger brother passed away in early march and it was a hard time for us, we didnt think about much and the bill was at the back of our minds we still started paying april may etc so shouldnt they have sent us a letter saying hello we see you have paid recently but you missed a month, even tho you are continuing to pay us can you please finish the march payment etc, not just suddenly summon us to court i always keep receipts and i checked on them and they are right we missed march, but continued to pay april may etc. any advice guys? appreciate it again i hope this is the right forum im posting sorry if not
  14. Moriarty Law have issued proceedings in Northampton County Court against me for a debt from 2013 from Mortomile Finance/Wage Day Advance. Now i probably do owe this debt but should i challenge that they actually have all the right paperwork to make this enforceable. The debt looks to me roughly 350 pound higher than it should be. What do you think the best thing to do should be. Notei have just got off holiday and came back to this so only have a few days to respond, so if anyone could reply quickly that would be great. thanks all
  15. Hi all, To make this as brief as possible, I had a second charge on my property with Nemo personal finance. In 2007 the property was repossessed due to a lot of bad luck and the original lender sold the property over £50,000 less than market value just to cover their own expenses (G E Money) which left nothing to pay off the second charge. I have been battling this loan on and off ever since and during this time Nemo took me to court and won because I never defended the claim and this was due to the fact \I knew nothing about it. I agreed a miminal payment to them which I paid monthly about 2/3 years ago I wrote to them sending them £10 PO asking for a SAR. They never produced it so after a while I stopped paying and things went quiet of a year. Now they are back on my case threatening with a attachment to earnings, High court Writ and Baliffs etc. I am not sure how I should proceed with this and would really appreciate some help. I id speak to one of their customer service reps when I got the first contact letter and explained that I stopped paying because they did not comply with my request and he said he would look into it and get back to me but he hasnt and I ave just had a letter threatening allsorts to collect. When I first loss my house I did do a lot of research on this with regard to the PPI and secret commissions which there undoubtedly was but never saw it through due to personal circumstances.
  16. I've got it in my head that I should take a local minicab firm to the small claims court. Some friends think I'm stupid, others think I should go for it. Perhaps someone on this forum can knock some sense into me? On the 30th July 2018 I called my local minicab firm and booked a cab for 4am the next morning (31st) to take my family to the airport for a holiday. I was told this would cost me £30.00. I live 25 minutes drive from the airport and the flight was scheduled for 0630. At 04.05hrs the next morning with no taxi present I called the cab firm. When the phone was eventually answered I was apologised to and assured that a taxi was on its way and would be with me between 10 and 15 minutes. At 04.20hrs, with no taxi having arrived, I called the minicab firm again. I was told again that the taxi was almost with me but when I pressed the operator for an actual location he admitted the driver was in another area which I know to be at least another 15 minutes drive away, possibly more. (This is not subjective, Google Maps etc shows this to be the case). I felt I was unable to trust the person I was speaking to on the phone seeing as they had already lied to me with the initial claim that the car was almost with me. Worried that I may miss my flight I felt I had no choice but to drive to the airport and use the long stay car park. What should have been a nice gentle beginning to a holiday was a rushed nightmare. If the operator had simply been honest the first time I had spoken to him and admitted no one would be with me for at least half an hour it would have been a lot more helpful & I wouldn't have had to make my last minute decision of driving to the airport; I could have tried to call a competitor or tried my luck with Uber. But I felt I didn’t have time for either. The cost of 8 nights parking at the airport came in at a sizable £239.00!! And I don't really have £239 to throw away lightly. My question is should I take the cab firm to the small claims court to get that money back? My issue is not just that the cab was late but that the operator was lying to me, the combination of which could have meant me missing my flight. Now I’m not completely unreasonable and seeing as my original plan had been to book another cab through the same firm for the journey home on the 8th August, presumably at the cost of another £30.00, I would be willing to accept £179 from them (ie the £239.10 cost of the parking minus the amount I would have paid had the driver turned up). I emailed the cab firm while I was away to express my frustrations and have never received a reply. On return to the UK I sent a letter by recorded delivery (which I can confirm they received) reiterating my complaint and asking for £179.00. I asked them to respond within 14 days. It’s now day 16 and I have heard nothing. So do I take this to the small claims court, something I have never played with before? Or do I give up and just feed my kids bread and rice for the next month? Did I ever receive a text message / anything in writing confirming the taxi I booked? No I didn’t. Did I record the conversations? Of course not. So they may choose to contest my version of events. How can I prove my account? Other than having my wife back me up (probably not a very independent witness) my mobile phone show me calling the cab firm on the 30th July when I booked the taxi. It also shows me calling them at 0405 and at 0420. Why else would I be calling a minicab firm at these times? Why else would I have an airport long stay car parking ticket timed at 0450hrs that same morning? I would like to think that this evidence backs up my account to the standard of ‘balance of probability’. Their website is currently down (I don’t know how long this has been the case) so I cannot see their terms and conditions. Any advice / suggestions to grow up would be much appreciated.
  17. I know that you can not take a child (i.e Person under 18 years of age) to court via Small Claims Court. However, I am wondering if its possible to take the parents of children to court?? Basically the case is one where I provided a service to a person who was 17 years of age and didnt pay for it.... Am I able to take the parents of the 17 year old to court even though they were not part of the transaction?
  18. Hi Guys. Not proud of this even though I am having some problems. I have received a summons for not paying a fine (not taxed) on time and they won't let me take an out of court settlement although I have been in this situation before with them (several times) and have been able to pay out of court. When I phoned they said there was a note on my account and the legal team won't speak to me. It seems odd that I don't get an explanation or can speak to anyone about it?
  19. Hi everyone, I have been away from home for quite some time and I had checked my letters to see that I have received 3 letters from Euro Parking Services about not being parked correctly in a parking bay. The letters had started from £60, £100 and now £160. The driver states the signs (of both the parking signs and the parking bays) were not clear at the time of when they were there or else they would not have parked there at all. The driver was there for a maximum of 5 minutes as the passenger had went into the tesco express. The visibility of day was poor as it was raining and within the picture you can see the lights of the car are on at 1pm in the afternoon, driver says he would never have his lights on midday unless there was poor visibility (as it was the winter) The current letter states it is a "Letter before court action" and they are asking me to pay £160 otherwise they will tell Gladstone Solicitors to commence proceedings against me. It also says "We refer you to the Practice Direction for pre-action conduct under the civil procedure rules and in particular paragraph 13-16 of the same, which deals with court's powers to impose sanctions for any failure to comply." Could anyone please advise me how to respond to this letter? I feel that the extra £60 is totally unjustified and that given the unclear signs (which they have now updated) and poor visibility due to it raining is also not fair at all. Also, shouldn't a compliant LBC give 30 days notice? Not 14 days? Sorry for making my post long, panicking quite a bit but can anyone help me out please?
  20. Hello Caggers I surely can't be alone in being in this position, but I can't find any other threads on the subject. I was rear-ended by a third party (very little damage to my vehicle, but her's was a real mess), and I foolishly followed Admiral's advice in using their recommended Claims Management Company (Albany Assistance - I use the term advisedly!). Long story short, they took five working days (spanning a weekend) to do a whole load of unnecessary investigation, and gave me a credit hire vehicle for the duration (nine days total). Given that they were holding my car hostage, this was all outside my control. However, the third party's insurers are refusing to pay up for the excessive car hire charges, so Albany (through one of their partner companies) have issued a county court claim against the third party herself, but as I have incurred the charges, I have ended up as the claimant. Does anyone have any experience of this type of case, and can give me any advice as to what line to take in court (Monday 12th). Maybe transcripts of any case you might have been involved with or know of??? Thanks in advance for any help you can offer.
  21. Hi I hope you are all well. I have recently received a county court claim from VCS. It was for parking on the premises shared by a few different businesses. I went to the gym that evening and had to park a bit further out, not realising that there were boundaries set for the different businesses on the premises. The signage looks exactly the same unless scrutinised up close. I cam out out of the gym and found a ticket stuck to my window. I queried it with the staff at the gym a few days later and they said there was nothing that they could do. Lots of their members had received these fines. Their advice was to write them a letter or ignore it. Needless to say, I never parked there again but that didnt help the fact that I already received a CN from them. I have completed the details below and also logged onto MCOL and did the AOS Please advise what next step should be. I have also received a letter from VCS so looks like they are going it alone, without a solicitor. Thanks WS Name of the Claimant ? Vehicle Control Services claimants Solicitors: No Solicitor listed on claim form Date of issue –08 May 2018 What is the claim for – 1.The claim against the defendant is for breach of contract in respect to breaching the terms and conditions set on Private land. The Defendant was issued with a charge notice (CN) and has failed to settle their outstanding liabilities. 2.At all material times the defendant was the registered keeper and/or driver of the vehicle identified in the provided particulars of claim. 3.It is alleged that the defendant breached the terms and conditions of entering private land as detailed in the particulars of claim (to follow). 4.The claimant seeks the recovery of the CN and interest under section 69 of the conty court act of 1984 at the rate of 8% at the same rate up to the date of judgement or earlier payment. I will provide the defendant with separate detailed particulars within 14 days. What is the value of the claim? £185 Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? Claim has been issues by PCN (Parking Company) Were you aware the account had been assigned – did you receive a Notice of Assignment? N/A I also found the below CPR 31.14 to send to VCS.. I will get that in the post tomorrow unless you need more information from me.. Do I need to send a copy to the court as well and do you recommend recorded delivery of the CPR 31.14? Thanks __________________________________ To VCS [Your address] . [Their address [solicitors] . [Date] . Dear Sir or Madam, . Re: (Claimant's name) v (Your name) Case No: . CPR 31.14 Request . On (date) I received the claim formicon in this case issued by you out of the (Name) county courticon. . I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. . Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim: . 1. the contract between [parking company name] and the landowner that assigns the right to enter into contracts with the public and make claims in their own name,. . 2.proof of planning permission granted for signage etc under the Town and Country Planning Act 2007 . 3.copies of the notice to driver, notice to keeper and any other correspondence from [insert Claimant Name] & [insert Solicitors Name} to the defendant that they intend to rely upon in court. . You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience.. . Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. . Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. . Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. . In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. . If you are unable to comply with this request within 14 days and believe that you will never be able to comply with this request please confirm in your response. . You are reminded that as this case is yet to be allocated to a track, CPR31:14 does apply, a refusal to comply because you 'think' at this stage you dont have too will be used against you in any filed defence. . Yours faithfully . TYPE YOUR NAME DO NOT SIGN IT
  22. Hi, Can anyone recommend a SE based solicitor to represent me in court against Hoist, I have up to now represented myself with some success but I feel that now I may be a little out of my depth. Thanks
  23. I was unable to pay the mortgage for about 10 months, but then I got a new contract and was able to set up a standing order which was larger than the statutory amount. I decided to pay this larger amount in order to gradually reduce the size of the shortfall in a way that I could sensibly afford. Prior to my first default I was actually overpaying over a number of years, so that my 10 months gap was actually only 4.6 months on the balance sheet (this is acknowledged by the lender). I have already given Mortgages 2 my assurance, several times, that I will be able to overpay them every month over the full term of the mortgage. Despite this they have started legal proceedings to repossess my home. The really odd thing is that they started their proceedings against me after I had set up my standing order to pay them more than I needed to! They have now had 3 uninterrupted monthly payments and still have not stopped proceedings. They are using Moore Blatch and the court case is in early July. Mortgages 2 are no longer in the mortgage lending business, and are obviously keen to recover all of those pesky mortgages and get their hands on the money for whatever new venture they have up their corporate sleeves. My defence is based on exactly what I have told you here. But what can happen? Will a judge really allow me to be made homeless when I'm regularly paying a larger sum than I need to? This is crazy! Does anyone have any views on this?
  24. I am currently in dispute with a builder over a patio - there have been several attempts to remedy the situation over the past 12 months the patio has been re-laid but there are still significant issues. Last time the builder was on site I unfortunately swore about the situation not directed at the builder. The builder became very aggressive and intimidating - shouting and swearing at me. I asked him to leave the house and he continued. Fortunately, at this point my wife came home with my daughters and she could hear the builder shouting from outside the house. I managed to get the builder into the front garden where he continued to shout and swear at me in front of my wife and 5 and 3 year old daughters. My wife asked him to stop multiple times. We got the children in the house and then he eventually left after a final tirade. In the evening the contractor sent a text to my wife rather than me acknowledging his behaviour had been inappropriate. He is offering to carry out further remedial work but we are obviously reluctant to have him back on site after this situation - he is a big guy. Where do we stand legally if we don't feel comfortable having him back on site?
  25. Hi everyone, I filed a defence claim against the court case Parking Eye are going after me for. I was sent an acknowledgement letter from the court. Now I have received a Directions questionnaire that has come hand written already filled in by Parking Eye. The 28 days are up on 6th August. They don't appear to have ticked any box for mediation etc.. They have completed the rest of the form. I don't know what I'm supposed to do from here now ? I haven't received one of these forms for me to fill in? Why have parking eye sent it to me and not the court ? Any advice is appreciated.
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