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Found 401 results

  1. Hi, Ive read a few of the posts on the forum before registering and after seeing the sound advice given out I was hoping I could just pinch some knowledge off whoever maybe helpful enough to assist my situation. So I’m submitting my small claims court document online tomorrow, it’s all filled out ready to go but I wanted some advice on what I can claim for and to what amounts. I’ll try to keep this brief. I purchased a car in October for £2000. The car had high mileage at 130k but seemed a good vehicle for me to get to work and back. It had a full service history, lots of receipts and drove fine so was happy to transfer the cash. The very following day on way to work it went into limp mode but on restart it would come out of it, I contacted the dealer who said I could bring it in and he would sort it. I took the car to him and the faults were cleared from the diagnostics and he said hopefully that will be the end of that and sent me on my way (I know, he fobbed me off). A full month later, whilst driving, the car made an almighty sound and grounded to a halt. Again the garage said to send it down and he would sort it. I got it sent to him and had very poor contact from him for the next week. When he eventually told me the issue that the cambelt had snapped, his previous helpful self went as well. Cue a month of going back and forth, him wanting me to pay money towards the fix and me taking advice from citizens advice giving him all the options I was entitled to. He refused all options and when I told him I was seeking legal advice, he totally shut down and asked for it all in writing to which I duly obliged. So tomorrow is 28 days since I sent my letter to him advising him that I was taking him to small claims and I haven’t received anything at all from him. He has my car, my money and I’ve offered him every option but he’s completely refused. My question is, I have put in the price of the car at £2000 and the towing price at £70 but in the meantime he created hell for me without my vehicle, should I be claiming for more? The main thing is I’ve had to go and finance another vehicle, I’ve had to keep paying the tax and insurance as the car is parked outside his garage. Also the amount of personal things like hospital appointments, school runs etc I had to re arrange in that time was a right pain in the backside. I don’t want to put too much in, in all honesty if I got my money back I’d be over the moon but I feel like I should be entitled to more after how he’s handled this and what I’ve had to deal with. Sorry for such a long message and thanks in advance to anyone who chooses to help.
  2. Hi to all. I am going to try and keep this very simple and brief. I was sent a package/gift by my relative. So it was not a online purchase or any of that sort The item was delivered to my apartment complex via Royal Mail signed for service and was received by the concierge who signed for the item and made a log of my parcel and put in a delivery note via my letter box. However when I went to collect my parcel it had disappeared from a secure parcel room. I am not here blaming the concierge stealing the package all I am saying it just disappeared. I spoke to the building management and put in a formal complaint. I contacted the police also who could not do much at this point as no proof of who took the parcel. I wrote endless letters of complaint to the building management company of my apartment complex. Who ignored my complaint s and never responded. I then did a subject access request for the office log sheets containing the acceptance and delivery of my parcel even then they ignored and after my letter to management stating I will make a complaint to the ICO they sent me the documents. I then wrote to the CEO of the company and yet received no response. I had no choice other than to seek financial claim of my missing item via the small claims court. £ under 5000 claim. So The Small Claims court acknowledges my claim and gave until 1st of October for the defender the building management company to acknowledge and put in a defence to my claim. I rang the small courts/money claim centre on the 2nd of October who said they have received no information from the defendant however they are 5 days behind. i had to wait until 7th to find out if they had received any correspondence. I ring up on the 7th and yes they have not received any information. I sent in via email a request for judgment by default on 7th October, received the confirmation email, but again it takes 5 days for it to go through. The judgment by default was sent as the courts had not received any information from the defendant at this point of time. On the 8th of October I received an email from the defendants solicitor stating that there is no contractual relationship between me and the building management, and my particulars of claim are not clear, (I have been extremely clearly in my claim form) and that the claim is misconstrued and vicarious and that the concierge company is separated and are hired separately and in so many words saying it’s not them and trying to shift blame, followed by giving me 2 options, A)discontinue the claim B) agree to an an extension for the defence to allow them a extra 1 month to put in a defence C) And if I do not agree to a or B the building management company would file for a summary judgment strike out as the claim is vicarious. And giving me a 23 hour notice to respond via email only and to seek legal advice. Note I received the email on the 8th at 9pm and was given less than 24 hours to respond via email only by 3pm on the 9th of October. And the defendant will claim between £2500-£3000 In court costs and legal charges etc In a panic and surprise that having not any response up to date and all of a sudden a letter from a solicitor o sort legal advice and was told by my legal team to continue with the judgment by default. On the 14th of October I rang the court and was told the defendant on the 6th of October put in an acknowledgment of service but have until the 15th to put in the defence. So the judgment by default is not valid. But can put in another judgment by default if they don’t receive a defence. That’s the basic of what is going on. Now my question is can the defence claim legal costs via small claims? What advice and help would you suggest. What steps could you suggest I take as I am getting stressed out. Thank you and all response will be appreciated.
  3. Hi everyone, I joined the site yesterday and I've been having a good look at PPI threads along with the interest calculator spreadsheets. I am in the process of claiming PPI from 4 NatWest loans that my deceased parents took out in the 80s. NatWest have made offers on all 4 claims but I'm not sure they've worked the interest out correctly - I have queried this with them but they've just sent me a letter repeating the same information as their offers. I've used the PPI spreadsheet on here but NatWest are saying that interest is paid at 15% up to 31st March 1993 then 8% from 1st April 1993 and the spreadsheet I tried only showed 8%. Is there a way I can change it to work out interest at 15%? The loans were taken out in 1983, 1986, 1987 and 1988 so will all have at least 5 years interest at 15% on them. If anyone can offer me any help with this I will be really grateful. Thank you
  4. In December my carry on bag was lost/stolen whilst queuing to board a flight overseas. It contained just about everything important, laptop, camera, clothes, sunglasses,makeup the lot. As terrible and distressful this was I knew i had travel insurance to cover me for up to £2k of personal possessions. So i thought! I submitted my claim at the beginning of January. When you submit the claim they take 10 days to respond and tell you if they need further info,this has happened twice, meaning that today 20/2/19 still battling with this. "Please note that your insurance policy has a limit of £150.00 in total for unreceipted items. Therefore, as you have only been able to provide a receipt for the trainers of £73.97, our maximum liability for your claim will be £223.97. This will be paid into your nominated bank account within the next 5 days working days. This has been paid as a gesture of goodwill based on the report you provided as it still does not give all of the necessary information. We suggest you contact the airline for further compensation as they are responsible for the loss, we trust this clarifies our position". I called them and said I was very disappointed with this, as there was nothing for the laptop (It says they will cover upto £500 - the laptop was a gift from my late partner and i sent them receipt which was address to me). I also clarfied that the airline were not responsible and provided documentation accordingly. I.e lost and found reports comcluding item not found. I have missed my mortgage payment as have had to replace my laptop (as i cannot work without it) - they are taking so long to come back to me. Also I purchase essential items on arrival and they have not covered them either. They are not covering the majority of items in my bag basically. They have suggested i contact them via the complaints procedure. I am so annoyed, I took out this cover for peace of mind and it was hardly worth it. For the amount of time its taken to get the claim together, I should have just worked more hours doing my job and i would have basically been better off. Does anyone that is familiar with insurance policies know if it is acceptable to time they take to respond to these things, if i complain today (for them not covering the laptop and essential purchases which were receipted) they will probably take another 10 days to respond!
  5. Hi,I'm new here. Without mentioning names, I bought car for 5.5k. described as"drives like new", immaculate condition" etc. Within 28days, red EML light come on, had it locally diagnosed as issue with electronic throttle and exhaust pipe seized shut. I immediately notified the trader, who largely ignored me. I consulted mechanics and was told the serious fault and I better be off rejecting it, under CRA 2015. I had written the dealer (independent garage) quoting my reasons to reject the car, gave them two weeks to issue refund, meanwhile I am without a car. They fobbed me off again, did not collect car,did not diagnose nothing. So after two weeks, I sent letter before action via email and recorded delivery. They called back asking me to take the car to nearest garage and if reasonable they'd pay. I did not agree reasonable part however I had to tow the car to another reputable garage for further diagnosis and quote. It came to 900+. After 5 days of issuing the quote, they came back saying too expensive and I should bear all costing to take car to them and they will fix it(towing would cost around 500). I obviously rejected and went ahead with repairs, now asking them to pay the bill or there is a Small claims on their way. Before you comment, please note following reasons I also rejected,apart from the cost of towing, which they asked me to pay. 1) they sold car with the main warranty provider, I did not get the document but all of their cars had their branding all over (approved dealer, 6m warranty) but I found out they lied. I had various dealings with the warranty company, who sent their staff to REMOVE all their branding trafer fraudulently was using. I have confirmation of this . 2) Autotrader reviews - I naively trusted the reviews, more than 50 ,nearly all 5*. Upon my issues, I went through one by one, and realised they are suspicious. After lengthy dealings with AT, they were found that 46 of those(including dealers responses to those great reviews) were fraudulent. Based upon the fact that they left me with no car for a month, lied to me about everything as stated above I could not be expected to trust them to repair anything to the required standard. (They must have cleared all fault codes prior to selling the car!) There are other matters that I cannot comment on due to legal reasons too. My question is : has anyone been in rotelt similar situation and any tips before small claims? TIA
  6. Hello, I have recently been unfortunate enough to experience the bad end of when Hermes loses a parcel. A quick summary: I was returning a phone which was faulty back to Amazon DE for a refund. I had to pay return postage. Amazon said they will refund me up to around EUR 8 for postage. I then got a quote from P2G and the only service which would allow me to not be out of pocket was Hermes International. I put in the parcel details and the value. I did not choose to pay for their additional insurance as it was £30, in fact if I could go back in time I still wouldn't pay extra for their insurance. Some time went by and I still hadn’t received a refund from Amazon so I checked the tracking. It was as follows: [TABLE=class: tracking-data] [TR] [TD]16/01/2019[/TD] [TD]20:17[/TD] [TD]Entered the Hermes network[/TD] [/TR] [TR] [TD]16/01/2019[/TD] [TD]10:29[/TD] [TD]Dropped off at the ParcelShop[/TD] [/TR] [TR] [TD]15/01/2019[/TD] [TD]18:04[/TD] [TD]Order placed [/TD] [/TR] [/TABLE] Nothing after that. I then contacted Hermes who referred me to P2G. After chatting they opened an investigation as the parcel should’ve arrived no later than 24/01/19. I waited about 2 weeks and chased them for an update. Of course the parcel was not found. The next step is for me to submit a claim and supporting documents. They will however only offer me £20 as I didn’t take out the extra insurance. I will not accept that as I will need to recover the full amount of the phone. What is the best course of action for this? Do I need to go through their claim process (even though I know the resolution is not satisfactory) or can I just proceed with a letter of action? I have an idea of the small claims process but any links regarding a letter of action and what needs to be included etc. would be very helpful. Any general advice would also be great. Thanks.
  7. Hi My wife has received a Pre-Action Protocol for Debt Claims from Drydensfairfax, for an old debt from 1998 at an old address. Arrow recently started sending letters to our new address and continued despite being returned as not known at address. They now appear to be instigating court proceedings. Unfortunately I expect this is not outside the statute of limitations as I have been paying £1 per month by standing order since she defaulted in around 2000/2001 (from my account not hers). Whilst she is working, she is not in a position to pay it off as she is currently just managing to maintain her current credit. Naturally we do not want a CCJ, ideally she is hoping to consolidate her current debt soon to help manage and prevent her credit status worsening. I would really appreciate any advise you could offer, in particular could I ask: - should I send the suggested CPR 31.14 request (as this seems to mention a specific court that has not yet been advised)? - should I send the CCA request to Dydyenfairfax or Arrow? - I have seen a Debt Prove it letter, would this be appropriate? Also, I have listed below the details as suggested: Name of the Claimant ? Drydensfairfax Solicitors/Arrow Global Guernsey Ltd Date of issue – 04/02/2019 Date to acknowledge) - 09/03/2019 - We are instructed by our client, Arrow Global Guernsey Limited, in relation to the above debt. If you do not provide proposals to repay this debt, or respond as otherwise detailed in this letter and it's attachments, legal proceedings may be issued against you in the county court. If such proceedings do become necessary, further costs will be incurred for which you may be liable. The proceedings may then result in a county court judgement being entered against you which will be registered a the credit reference agencies and is therefore likely to affect your ability to obtain credit in the future. Full details of the debt are set out below: The amount owed is £702 and no charges/interest are being added at this stage A statement of account is attached ---(an account summary showing only start balance (£823), total debits (£17), total credits (£138) current balance (£702)--- The agreement this debt relates to was entered into between you and Shop Direct (Carval) on xx/xx/1998 and assigned to Arrow Global Guernsey Limited on xx/xx/2011. A copy of the agreement can be requested using the reply form. ---(should I do this also?---- Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Don't know Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes Did you inform the claimant of your change of address? No What is the total value of the claim? 702 Is the claim for - catalogue When did you enter into the original agreement before or after April 2007 ? before, it was 1998. Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Not on my copy, I don't know if deeper searches with linked addresses are any different, credit score is low but I thought this was due to current level of debts Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser, Arrow Were you aware the account had been assigned – did you receive a Notice of Assignment? probably but to a previous debt purchaser, it was back in 2011 when Arrow took over but we moved house in 2008 Did you receive a Default Notice from the original creditor? Yes, around 2000/2001 Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't know, possibly, but moved house in 2008 and only recently started receiving letters to new address Why did you cease payments? Husband has maintained £1 per month standing order throughout, still paying unless their bank payment details have changed What was the date of your last payment? Feb 2019 unless their bank payment details have changed Was there a dispute with the original creditor that remains unresolved? No, due to credit difficulties Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes and Yes Many thanks again in anticipation of any advice you can offer.
  8. Hi I'm new to all this so I apologise in advance if i've made any mistakes. I had a contract with BT back in 2015 which I wanted to finish early due to the constant slow speeds I was getting after 2 months of being with them. At one point I cancelled my direct debits in protest until they sent an engineer out to have a look at why my internet was so slow. When an engineer was promised to be sent out I called to re-instate my direct debits and was asked which date I wanted them to come out. I asked for the start of the month which was agreed but a few weeks later I had a direct debit come out in the middle of the month. I questioned this and was told they couldn't do a specific date unless I agreed to estimated billing. This was not what I had earlier agreed and they were not willing to do anything about it so for me it was the final straw. I asked if I could end the contract early due to the poor service but was told I would have to pay the remainder off which was over £300. I refused to pay this obviously and was sent various debt collect letters which I ignored stupidly thinking they would eventually give up. Now after all this time I get a letter from the small claims court as Lowell acting of behalf of BT saying they want their £300. I've sent off the acknowledgement but i'm not sure what to do from here, do I defend or do I need to counterclaim? I feel BT were in breach of contract and according to their own terms they would look at ending a contract early due to poor service but I don't feel they ever really considered it. I would really appreciate any help please. Thank you
  9. Hello I hope I can get advice. I took out a secured loan in January 2002 for 8000. I obtained the loan through dial4aloan. The loan was arranged and the lender was endeavour. It appears I also was sold ppi of 1200 added to the loan. Well I am trying to reclaim the ppi. However all organisations are blaming each other for selling it. Dial 4 a loan state they only recommended ppi. Yet the ppi policy is on endeavour paper. Aviva say they have no responsibility either. So what happens when no one will accept responsibility? Thank you
  10. I’m looking someone who can help relating to Reeds Rains, a property management company based in Halifax, yorkshire that I used up until October last year and who now appear to have sent me a claims letter demanding £633.90 I realise this is a relatively small sum but i'd like to see if i have any options and not panic and just pay. I left because when i signed with them the contract stated 4 inspections a year, i asked them not to do 4 inspections per year, 1 a year was enough as they're my existing tenants, i've had them a while they'd been great and i trusted them to look after my house. Roll forward 2 years i find out from my tenant that she'd been having to take time off work for 4 inspections every year and was being harassed by reed rains if she didn't reply when they were wanting to arrange them. She doesn't earn a huge amount so taking time off work was difficult and she worked at a hospital so having to sort out cover on shifts. Understandably she was frustrated and got in touch with me They also issued my tenant with a new AST and charged them a fee (which i hadn't realised) so on the 2nd year of being with them, i told reed rains i'd pay the fee for my tenant, count many many emails later from me to them to several people telling them over and over again that i was paying it, they were still harassing my tenants to pay the fee so again, my tenants is left frustrated and upset Responding to their emails and trying clear up their confusion was taking up so much time (and becoming stressful and frustrating for me too), I gave reeds rains 3 months notice (by email and i got a response back from them) and i thought that was that A week ago i found a brown envelope through my letterbox, i was a county claims letter All it says is i owe them £633.90 for a 'withdrawal fee' which i know nothing about, i can't find the contract i signed as remember scanning it and emailing it back to them but i can't find the hard copy Prior to this i don't think i've had any communication (I did have block their emails as kept sending me marketing information (gdpr?) Has anyone been through anything like this or offer any advise at all?
  11. Looking for help with claim against Royal Mail in small claims. They admitted to losing my 'signed for' package, but then failed to reply further or compensate me. Four months afterwards, I issued Small Claims writ and they sent me standard letter and standard cheque for compensation two weeks later. They have put through their defence which from reading other threads is the same they always use, ie: 1. No contract was entered into between parties for the delivery of the parcel (they mention Harold Stephen & Co V's RM 1978 as reference). 2. The defendant has immunity to a claim in tort in respect of the transmission or delivery of post. Saying they cannot be sued in contract or tort. I know of one case on here that they lost in the County Court. However County Court proceedings are not recorded as far as I know. What I am looking for is any evidence of similar proceedings, a letter explaining the court's reasoning or similar. If anyone had anything they could redact and post I would be very grateful.
  12. On his site people are frequently advised to follow CRA and take errant traders to the small claims court. Success rates appear to be most encouraging. Yesterday, I took a rouge motor trader to a SCC at the local sheriff court, and because of a major error by the sheriff, my claim was reduced by over 66%. What can i do ? Scottish Law
  13. Hi I am just looking for some advice. We purchased a car In October 2018 2009 tiguan with 114K miles on, we purchased from a dealer (sold from a garage) but i think hes a sole trader. Before we purchased, the dealer said the engine management light came on and went into limp mode, they plugged in and was the glo plugs and the light was now off and all fixed. Satisfied we purchased the car via bacs. On they way home the car went into limp mode - i called the dealer and he suggested carry on driving until it did it again. November 18 we had an issue with the clutch, the dealer asked us to book into a garage over 20 miles away - but it was done free of charge and i was giving a car. The car then went into limp mode just before Christmas, we called up the dealer who told us to use to the same garage (not the one the car was sold from as he didnt trust the mechanics) and it was his responsibility to fix. Booked in January (due to them not being open over Christmas) and the same i was given a car whilst mine was in. The issue was the inlet manifold has blown and cracked. something that would of happened with there being an issue with it and being driven over time has made worse. The dealer offered half the bill - the bill was £700. We refused, saying if within with first six months of purchase the dealer should repair or replace. Again he refused and offered half the money, the car was in an independent garage, so one of us had to pay. But he also said in writing he wouldn't be responsible if it went into limp mode again or wouldn't give us a refund. Im under the impression the legally needs to. So we have paid the bill and ive written to ask him to pay in full, hes refused, saying if we take him to small claims to be putting a counter claim in for a solicitor etc. Where do you think we stand with a small claims? CAB have told me he should pay the bill as if there is a fault within the first 6 months its deemed it was there when the car was purchase. Does anyone have any advice? Thanks Emma
  14. From what Ive read on here, im going around in circles.. can someone comment? Way I see it :- 1) you send an inivoice, 14 days to pay, " i reserve to take legal action without further notice to you" written on it 2) Send a notice before action FORM (it used to just be a letter but now is this form? https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf 3) proceed with coourt claim after 90 days? Citzen advice here, says something else https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/Problems-with-goods---letter-before-court-action/ Can somsone clarify? This is for an unpaid invoice.
  15. Hi All, I am taking a company to court for damage to a vehicle I own. The defendant has defended and made a counterclaim. I am at the stage were we have recently exchanged witness statements and a court hearing has been set. Looking through the witness statements they are made up of lies throughout by two witnesses. I received these statements on the final day they had to be submitted and I am unsure if I can make the courts aware of their lies. By lies I will explain, I am being counter sued for a certain amount, an invoice has been sent to show the cost of damage that they say I done to their property, within the invoice it has parts used which in the witness statement states they were put on after the incident that I am claiming for. I am unsure if I can send a letter to the courts to highlight this or is it to late and I will have to see what happens on the day. In the court directions for the witness statement request it states that we should send any relevant documents or evidence to the courts to come to a decision, however this is new evidence at the last minute. I hope someone can shed some light for me. Thanks
  16. A shampoo ruined my wife's hair through no fault of her own. We've been through the letter route. They only responded once and that was to an email we had also sent, but they acknowledged receipt of the first letter in that email. Exasperated with their denial of liability, we're pursuing them through the small claims court. When I submitted the claim online, the company address I gave was taken from their website contact us page. I'm now having doubts if this was the correct address to use as 1) their registered company address is different 2) The Royal Mail signed for letters never got marked as delivered - it was only by chance the email they had sent mentioned they received the first letter (with the photos). I travelled to their address and saw it was a business unit address possibly used for storage (i.e. a little smaller than a 2 bed terrace). What should I do now the 14 days + 5 days for issuing the court notice is nearly up? They haven't as yet (and are unlikely to) responded to the claim - it is tempting to just ask for judgement, but then I don't want it thrown out of court or find it impossible to collect from them. Any advice apart from see an expensive lawyer which would then make it not worth the costs of it all?
  17. Hi I resppnded to a claims guys advert about finding out about PPI. I know now that I could have done this myself etc, and in hindsight I would have researched more. Any to cut a long story short, the following has happened: I filled in a questionaire about the providers i have used etc I have had a response from Halifax, but I did not send a signed letter of authority. Halfix have now paid me circa 6k and the claims guys want 30% of this. I had no idea they were going to charge this much and was never told in advance how much their charges were. I did however send a letter of authority for a black horse finance cliam that is still in progress so i have no idea how much is coming from that if any as yet. I am trying to find out what my position is and what i can do about it as 30% is a massive amount to pay for something that I could hve done myself had I only researched it more beforehand, which i am obviously regretting now. I am think of sending a letter in regards to the Halifax claim to the effect of: --------------------------------------------------------- With regards to your recent letters I had no idea your ask on this was 30% which is excessive in the extreme. Therefore can you please provide evidence of the following: What I have signed that states i agree to this 30% fee That you explained to me that a 30% fee was applicable That you informed me that this is something I could have done myself Until you can supply the above evidence I am not in a position to consider any kind of payment. --------------------------------------------------------- Any advice would be greatly appreciated Regards DJC
  18. Good Morning Caggers I have been contacted by Mortgage.Claims for them to review my mortgage and see if I have any claims on my mortgage. They have contacted the lender and it appears they have no history of my mortgage. I am simply paying them but they have no history of my mortgage or anything. 2 things; is there anything I need to be aware of with the above company? Do I need to be aware against claiming against a bank that has no history of my mortgage? Many thanks as always
  19. Hi all As I prepare to challenge failed FOS claims I thought I would ask if anyone has done this successfully and can share their experiences and statement of truth. FOS determined that they could not handle an Amex complaint because PPI started before the regulations started, because I ticked the PPI box with Cap1 then I needed PPI, and finally currently that a PPI form Egg (Canada Square) sent them contining neither yes or no I want PPI meant that I wanted it... Finally I would like to claim for the time I have spent putting together my claim... would this be acceptable to the court??? ANY help advice would be gratefully received, thanks
  20. Hi everyone I use a courier company, i will call "TPC", who in turn use DPD. I have to say on the whole the past few years has been event free but a few months ago we sent a 3D printer to someone to use and it was smashed up really badly. The recipient took photos and has emailed us stating the damage was beyond dropping in his view and we have loads of photos of the box damaged etc. I reported the issue immediately and TPC were originally very sympathetic etc. I have to say I was shocked at the damage, you would have had to try really hard to do what they did. As the client needed to get printing urgently, I resent a new identical printer out, only this time this one had a glass build plate, so about 30x20, super tough, heat resistant glass plate that the plastic is printed onto. This was in fact a bespoke upgrade I did to this one but the plastic plate was also sent. This printer was also sent insured fully. This 2nd delivery went horribly wrong yet again, with a tonne of damage done. We sent both printers in the original boxes, designed for transporting them. They are thick boxes, with the original polystyrene inserts. Loads of space etc. we also used an outer box with more packaging to be safe. The packaging has never been challenged, in fact DPD stated that it was fine. long story short. I know DPD have accepted both claims (although irrelevant as the contract was with the 3rd party we use, TPC). I am still waiting for any decision, I have emailed multiple times and so we logged a small claims track. Unfortunately the printers are no longer made, so I have asked for the replacement cost of the latest available model for both printers. The defence is that they will not pay as there was glass in the box (even though only the 2nd item had glass in it) There is no consideration about the first delivery that had no glass in it at all. I have sent the court questionnaire off, have stated I am willing to mediate and I am waiting. No solicitors seem to be involved at this point, certainly no legal sounding stuff has come back from the defendant at this point. Just want some help and advice really. I have basically lost a part of my little business due to these printers being damaged beyond repair. Questions: 1. I have no doubt that I will get the compensation for the 1st Printer as there was no glass and it was clearly in breach of the Sale of goods and services act 1982, (reasonable care and skill clause). however What about where there is a piece of glass in an item? I have never actually claimed for this extra add on, I feel that if they had delivered properly in the first place I would not have had to send the 2nd printer out and also the glass did not cause the damage, it was just "also" damaged, but again I am not claiming for this. 2. I would normally claim for the cost of the item if damaged. However in the case of the model being superseded and no longer being available. Is it OK to claim a little more for the latest available model? I have averaged the price from 5 retailers and would genuinely be buying these to simply replace my lost printers. In my defence it is a real pain in terms of retraining and new software to learn a new machine. Any help would be appreciated on the best course of action and of course I will post everything up here so others can learn from my mistakes and hopefully successes!! I am about to go through mediation, but can't find much on the process here. Has anyone gone through this process as a claimant and is there any advice anyone can give. I have been told by the CAB that it's a chance to "negotiate" but Ii'm not sure if negotiation is what I want to do, i'd really like the defendant to try and see the light. Also can the defendant deny wanting to use mediation? Any help appreciated.
  21. Hiya I took out a couple of log book loans via Cash Converters between 2010 and 2013. The first was paid in full, the second I have no idea what the status is. I was in financial difficulty at the times of taking out the loan, due to several reason, one being a gambling addiction and an endless cycle of payday loans. When I took out the second loan against my car, the man who agreed it even commented on how much money i was gambling and said that he really shouldn't approve the loan but that he would for me. The car was repossessed by them and my sister lent me the money to get it back which was around £800, they then said I still owed them another £800 or so. I'm not sure whether I paid anything towards that, but I moved house, and they were aware of my address change. A few months after I moved up here my car was clamped as I let my tax run out and the car was taken by the DSA and I never got it back. Log book loans had the V5 and I have no idea what happened with the car after that, whether they took it or it got crushed. I haven't heard anything from them since 2013. I have since had help for my gambling addiction and have been getting my finances back on track and have seen online that it is possible to make clams back against some of these lenders for unaffordable borrowing. I know it's not their fault I had an addiction but there were no real checks in place when they were lending me money and I think that had they checked properly I wouldn't have been allowed a good 3/4 of the loans I got. I just wondered whether I could arguably make a claim against log books loans given that they may consider I still owe them money? Realistically they should not have given me the second loan at all, at the time I just needed the money so the fact that he said he give it to me even though he shouldn't was a bonus. I know that him saying that would come to he said she said but he had copies of my bank statements and they must have been file with his office so they could verify it as unaffordable from that surely? Any advice appreciated. Thank you in advance.
  22. One of my neighbours who's a very unwary link clicker but has been under my wing for several years now recently clicked one link on yahoo and another link via MSN homepage and answered some very basic questions asked. one I've traced to: http://thedailyreporter.co.uk/PFCADV-ADT21.php?tracker=adtopia&pixel=USC17AU&atp_source=Outbrain1A_TCG&atp_vendor=outbrain&atp_sub1=2_1&atp_sub2=v1-2050a297c9fab51aa7ce8a215ee0d817-009d7a702971cbe9636a5c80a957135980-&atp_sub3=009d7a702971cbe9636a5c80a957135980&atp_sub4=MSN%20UK%20(MSN%20Intl)&url_id=16795 these resulted in some 53 calls from 0191580052 in the space of 19 days eventually threatening all kinds of extra fees [all recorded by truecall!] if he didn't respond. 17 letters and 13 emails too. ONE email was responded too by him the day after he clicked the 1st link stating please cancel all claims. just a heads up. dx
  23. Frankly I feel that it's probably a bot. I don't know if there's a real Katie Chamberlain or whether they have simply picked some name out of the blue and I can't see what it has to do with smile cloud services Anyway, here's the recording of an unsolicited call. call_16-52-49_IN_01130859953.mp3 Internet searches seem to show that this is not an isolated case. If anyone has further information as to how it works then please post it here. This call was recorded automatically on an android mobile phone. Read our customer services guide
  24. 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.
  25. 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
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