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Found 3 results

  1. Hi - I have looked in the forum extensively but couldn't find an answer to my specific question so hoped to get some advice here. Apologies in advance if i missed anything obvious! I need to commence a money claim via small claims court today. I am bringing the claim against a digital agency for breach of contract in relation to services promised and not delivered, and the site provided not being fit for purpose due to lack of functionality etc. This resulted in us suffering loss and damage and we are seeing payment of money (the monies paid to them for the services) as remedy. It was suggested I use MCOL but I can see from the claim form there and numerous threads here that there is a limit to the characters for POC and given my case is slightly complex i am concerned I will not have enough space, or be able to attach the additional documentation needed (agreements, timelines, pre action letters of claim etc) Would you guys suggest in my case the N1 is the way to go - and is there a template for POC for breach of contract on the site - I couldn't find one and did look extensively last night so any guidance gratefully appreciated. Many thanks
  2. Hi, I'm new to this. BREIF: I am a university student (Claimant) with learning difficulties and purchased a dictaphone last year in August from a disable student education supplier (Defendant). However in March the it become faulty. I wrote several letters to the firm (including a letter of rejecting goods) who ignored them. I then rang them up and they were abusive and rude, however I managed to get to to arrange for them to collect the dictaphone. They then collected the Dictaphone the next day on the 14th of June 2012 in front of a witness and collection receipt provided. I have since been chasing them up for a replacement or refund. They keep messing me around, ignoring my letters, emails and when I ring them, they say there busy and that I'm wasting there time. They can't tell me if they will even return back the dictaphone, although I've rejected it. Hence why I have no choice now but to take them to the small claims court. N1 FORM QUESTIONS: 1) I took photos of the dictaphone before it was collected, can I use them as evidence in court? 2) How do I submitt the N1 for? Do I make 3 copies? 3) How can I prevent sending evidence to the Defendant? 4) How do I seal the form? 5)How do I attach the evidence (witness statement, receipts and photos) with the form?
  3. Hi All, I had a terrible tenancy which i ended in sep 2011. The landlady harassed me and my family to death for 6 months. Problems started when the boiler at the property went bad and since then the landlady and her sons harrased us till we moved out. I had to call police at least 2 times (that did not help though). So the landlady refuses to give my deposit back which is good 1800 pounds. I followed the proper procedure and gave her two letters asking her to return deposit or else i will move to the court. She did not respond. And i moved to the small claims court filling a N208 form, asking my deposit of 1854 back with 3 times penalty as she did not protect it in any DPS schemes. So the total amount i asked was 7000+. In my claim, i had included the tenancy agreement, deposit letter, my letter to her dated 5th Sep 2011 and a letter dated 20th Sep 2011 telling her that i will move to court. This was my exact wording on my N208 claim: "The claimant makes a claim under the Housing Act 2004 section 214(1)(a) that the deposit of £1854 as required in the Assured Shorthold Tenancy for 'MY-ADDRESS-HERE' was not paid in to an appropriate tenancy deposit scheme (in accordance with section 213 (1) of the Housing Act 2004). Further, The claimant did not receive the prescribed information concerning which Tenancy Deposit Scheme was to hold the deposit, within 14 days of the defendants receipt of the deposit (in accordance with section 213 (5) of the Housing Act 2004). 1) The claimant asks that the court makes an order in accordance with the Housing Act 2004 section 214 (3) which states the following; (a) "order the person who appears to the court to be holding the deposit to repay it to the applicant" A total of £1854 And I understand that the Court Must also do the following; 2) The claimant asks that the court makes an order in accordance with the Housing Act 2004. Section 214 (4) which states the following; "The court must also order the landlord to pay to the applicant a sum of money equal to three times the amount of the deposit within the period of 14 days beginning with the date of the making of the order.” A total of £5562 I am therefore seeking payment of £7416" The landlady filed a Acknowledgement of Service (via her solicitor) with some documents on 26th Oct 2011 and i received a letter from court after 14th Nov 2011 saying there is a case management reference on Jan 4. In the defense they say (not the exaxt wording) 1. The claiment has filed for a claim without reference to other joint tenant (my wife was on tenancy agreement), hence its breach of CPR 19 and case be struck out. Question: how serious is this? how do i add my wife to the claim? what if i dont add her and go ahead? 2. Citing a judegement in some other case dated 22nd march 2011 (Gladehurst Properties Ltd Vs Farid Hashemi), the defendant draws court's attention that since the tenancy has ended a claim can not be made. Question: What should i do about this? how do i respond? Have i used a wrong form? Will i need to file a new case with N1 now? 3. The defendant requests that the claim be struck out or such directions given by the court, as it thinks appropriate in that the defendant takes issues with the supporting evidance provided by the claimant to the claim form, in particular, the letter dated 5th sep and 20th sep and refutes the contents in the same. The claimant used the premise for business pruposes. Question: I had a PC with me (had to get one, as the landlady and her son become violent in their last visit to my place) when i handed over the keys to her and she refused to do a move out inspection and take a DVD containing pictures of the property. The PC is a proof of what happend, i had handed over the DVD of the property to the PC instead. Should i write that in my response? My usage of premise for busniess is a lie, she has no proof. What should i respond? 4. The defendant produces with this Acknowledgement to service the evidence that she has to date including an insurance quatation to put right damage done to the tenancy premises by the claimant and or others under his control and supervision in the tenancy premises. The defendant seeks recompense from the claimant for the damage done to her property. Question: Now this insurance quatition is dated 30 Sep 2011, well after i left the property. And does a quotation say anything? I have proof of how i left the property in a DVD. What should be my response? As you can see, i am in trouble. Few important things that i have: - i have got this court letter after 14th nov, how do i respond with additional documents? is there a a time limit as to by when i should provide my documents? (The court letter does not mention any such date, but i need to add additional document such as my letter to LL) - is it necessary for me to have my wife's name on the claim form? if yes, how do i do that? - will i need to file a new N1 form if this N208 is proved to be wrong? Since i can not get 3 times penalty based on other judegment, will i atleast get my deposit back with this? or i will have to file a new N1? Any help of any sort would be of great help to me. I thank the community in advance. Thanks! ravi PS: I have several letters (good 10-15) that i wrote to her about harassment and non working boiler. The council is seeking her answers on harasament that she did to us. I have a CD where she can be seen harassing my wife. I had posted all letters with recorded delivery. She had never replied to any of my letters.
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