Showing results for tags 'defendant'.
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I am the property owner of a 1st floor flat with one flat below. Had a water leak (fixed) and owner of the flat below has put in a claim for damage to his property. I bought the property before I was married under the name 'Miss Schroedingerscat'. My partner is on the deeds as an 'interested party' but I am the owner of property and mortgage. We got married, My husband is 'Mr Jon Pavlovthecat' and I took his surname. The owner of the flat downstairs should know that I am the owner, as the freehold is owned by both of us and obviously there was legal contact etc at the time of buying the property. He knows I am married now as we contacted him ref converting our loft (we own that, not freehold) with my new name and explanation of marriage. He has made the claim against defendant Mr Jon Schroedingerscat. Which is a) not his name and never has been and b) is not the person against which the claim should be directed, not being the owner of the property. Rather than going through the whole process of my dispute (to be fair I've already written it out), should I just cite this as the reason for my dispute, as it's not an error in spelling or because I changed my name, it's the wrong person, and the wrong name of that person. What happens if I simply dispute it for this reason and no other reason? If the court disagrees that this is a valid reason, what happens next? NB. I am disputing the claim for a number of reasons, so this is not an attempt to get out of liability for the claim.
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Hello everyone, I have recently issued a small claim against a company, but do not want to go through with it any further. The defendant did issue a defence and requested for Mediation, but subsequently changed their mind. I was wondering if I can still issue a Notice of discontinuance (N279) form before the case being allocated to a track? If yes, which court do I write down? Should I send this via post to the Money Claims centre in Manchester or via email? I have been utilising the new beta Money Claims service, which does not provide information on the matter. I was wondering if anyone could assist me? I'm new to this and this is my first small claims case. -
To provide some background, I have been helping my brother with his building development. His builder has now walked off site, is claiming that he is due extra money for alleged variations and has refused to return to site to complete the works until we settle the invoice for these alleged variations. He has now issued a court claim in my name although all invoices are in my brothers name (including the one for the variations, which is the subject of the claim), the property is in my brothers name and my brother has made all stage payments to date. The builders solicitor is claiming that it is acceptable that the builder has issued the claim in my name as the original quote was in my name. I would like to strike the case out as the invoice was not mine to pay and therefore the debt is not mine. Any opinions gratefully received.
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Hi guys, Google has brought me here as it appears a few of you have had similar issues to the one I'm having. Car crashed into back of mine while I was stopped at lights, guy accepted responsibility and his insurer contacted me to arrange repairs (Well, actually their repairer contacted me, I never once heard from the insurer as I recall) They also arranged a replacement vehicle for me which I assumed to be a courtesy car but in fact, as I now know, turned out to be a credit hire. I'm now getting solicitors letters because the insurer is now refusing to pay out for the car and I, like a few others here, have been asked to provide bank statements and credit card bills to aid recovery of the money. I'm confused how this is anything to do with me bearing in mind I had no involement in any of the arrangements and as far as I'm aware, sued the services approved by their insurer. P.S. I've spoken to my insurance who gave me a big "Not my problem"
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My father appointed a contractor to do some work on a boiler in a hotel that he does property maintenance for, there was a dispute between him and the contractor and the invoice they raised was to my fathers company. The claimant being the contractor has issued a claim form but in the name of the hotel company name as the defendant. This should be my fathers company. What do i need to do? Thank you.
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Hello. can someone with the knowledge please advise me on this one? I am currently suing a company through the small claims court for my money back (under £2000). It is a big company and I have issued papers in the name on a receipt I have from them for my purchase. Let me use the made up name of ZZZCompany Ltd. A solicitor has filed an acknowledgement but stating Joe Soap the third V ZZZservices Ltd (or something along those lines). Am I correct that unless ZZZCompany Ltd files a defense in time, I would get judgement by default as the wrong defendant has responded? It is likely the companies are in some way connected - maybe part of a bigger group, or different divisions of a bigger company. But If I take Mrs smith to court and Mr Jones files a defence, surely Mrs smith could find the case found against them by default as Mrs Smith didn't actually file a defence? It may be a silly question, but I would have thought the correct name needs to be responding. What could/is likely to happen from here?
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Hello, I've received a claim form from a non-resident UK individual trading in the EU providing project management services. I did not pay their entire bill due to them breaking the verbal contract we had by not performing the service with reasonable skill and care i.e. substandard work and failing to act on instruction that then cost me money. Each deduction has been referenced to specific failures rather than generic claims for damages. Do I need to tick the box saying I dispute the claim or that I contest the jurisdiction of the court given that this was all agreed and conducted in an EU country that is not the UK? -
Hello all. I submitted a claim using MCOL a few weeks ago for a Deposit I gave to a Landlord (LL) when I lodged with them for 6 months, a total of £600. I am claiming that amount, including interest and court fees totalling just over £700. I took all reasonable steps to get the deposit back but the LL started blanking me and made promises to pay but never did. I started the MCOL process and they submitted an acknowledgment of service, stating they are going to defend the entire claim. Fair enough, thats their right. However herein the problem lies. I had been using the LLs current address to send all my formal letters and put it into MCOL with served the particulars of claim to them at that address (thus enabling them to submit an acknowledgement of service). However in their acknowledgement of service they put changed their address to their old address where they no longer live and havent done so for a year. This now means further documentation from the court will go to their old address - and my best guess is that when it comes to it they will try and get the claim set aside because they haven't received further court correspondence (because they've intentionally put an old/false address). Does anyone have any advice on how to deal with this? Thank you! -
Here's a good one. I send a letter of claim to the Defendant, a company, on the 5th of December 2016 which is ignored. I sent a follow up letter on the 31st of January which is ignored. I issue proceedings on the 27th of February which are deemed served on the 3rd of March. The Defendant files an acknowledgement of service saying they will file a defence within 28 days of service. They fail to file a defence. I apply for judgment on the 4th of May and judgment is issued on the 5th of May. Defendant pays judgment on the 22nd of May. Defendant writes to me on the 22nd of June saying that they want to overturn the judgment as they always intended to file a defence. Defendant says they will sue me for the judgment money unless i accept their offer of paying them back 75% of it and the entire thing is wrapped up in a Thomlinson Order. Incidentally, despite all this, the Defendant continues to do the wrongdoing I sued them for. What do people suggest I do? -
I am currently in a similar situation and wondered if you can give me a bit of advice. https://www.consumeractiongroup.co.uk/forum/showthread.php?472364-Advice-needed-Claims-management-company-court-case&p=5087639#post5087639 Like you i accepted a hire vehicle after a non fault accident and told auxillis/principia that i was not in a financial position to pay for a hire car myself upfront. I don't consider myself to be in a financial position despite savings accounts, as the savings are for a purpose and i didn't think that it was reasonable for me to go into my savings to foot the bill for a hire car, with no idea what the cost would be/when i would be reimbursed. Principia are still having issues claiming back the hire car charges from the defendants insurers and i am at the stage where i need to provide bank statements. If you don't mind me asking, how has it gone for you in terms of having savings in the bank? I can justify the reasons why i have sums of money in various bank accounts (saving for a wedding etc), but do they take this on board when you submit all of your financial details to them? Any advice is much appreciated as i am stressed the death!! -
Hello i have a pending action through small claims track (hearing) and have just found out that the defendant's partner sent a text to my witness asking if he had spoken to me recently! this was followed by a few phone calls asking same witness to "just pop up and sign something". All declined by witness. Should I inform the hearing about this?
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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? -
My son has a personal injury claim originally valued at £20k. The solicitor was working on a 25% no win no fee basis. however, a few months ago he found out that the solicitor had failed to advise at the outset that he could have had union backing, so it was agreed they would discount the 25% fee etc. The matter should be going to trial in circa six months, but the soilicitor has now written advising that he wishes to offer the defendent the opportunity to settle for £8k pursuant to CPR 36. This is a 60% reduction on the claim value which doesn't seem right to me. Any advice on this would be appreciated. Regards -
Hello, I started a small claim in court against my landlord a few moths ago... Today I received the "Notice of Trial Date" (Form N172), that says I have to pay a hearing fee. Something I already expected. The problem is that I don't know exactly how to do that and there are no instructions in that letter. Do I have to send a cheque to my local county court (where the case was transferred)? Do I have to write a small letter saying that the attached cheque is for the claim number XXXX? I don't find related court fees to this step. BTW, I remember in the process, weeks ago, I received I letter that said that "This claim has been transferred to your county court at XXX. All correspondence should be directed to the transferred court" I search on the net but don't not exactly what to do. Thanks. -
I was in a legal dispute with a University over a discrimination issue. It was concluded by Consent of Order and I was awarded damages, but without admission of liability by the University. In the Order it stated the matter against the Defendant was concluded. I have a couple of queries... 1) Could I bring a claim against a couple of individuals from the University - as my previous claim was against the University, not individuals. I am not looking for financial award just a declaration of victimisation. All documentation and Court papers has the Defendant as this particular University. 2) The Defendant was ordered (by consent) to pay damages - but without admission of liability. Would people infer the University was indeed liable - because of the damages they had to pay and that 'without admission of liability' is the equivalent of pleading 'not guilty'. -
Hi, As part of a house renovation I had to have a sprinkler installed in my house to comply with Building Regs. I contracted a sprinkler company to do this in June 2015. They told me it would be installed as I neared the end of my renovation so it was done on the 30th November 2015. Unfortunately the following morning after the installation I came into the house (we are not living on site) to find water on my kitchen floor (their pipe connection to the mains water was under my kitchen sink) and in half of my living room (open plan room). I immediately contacted the sprinkler company but since that event they have not been responding to my e-mails or phone call bar one e-mail to say that they do not accepting liability for the cost of damages. I issued a claim against them via he MCOL on the 5th February 2016 for £4.5k. Their deadline to reply was the 24th February 2016. I did not hear from them. I e-mailed the court after this date to see if they had received a response and they replied to say no response had been received. On the 8th March 2016 I called the court about what to do and they told me that I could enter a judgment against them. After the call I completed the form to enter judgment and it was issued on the 9th March 2016. Yesterday, 11th March 2016, I received an e-mail from their solicitor with the below: "Please find attached a copy, by way of service, of the Acknowledgment of Service that we have today filed at the County Court Business Centre. So that we take full instructions from our insured and insurer clients please confirm whether you are agreeable to our client having an extension to file and serve their Defence to your claim. In accordance with the Civil Procedure Rules, t he parties are permitted to agree an additional 28 days for service of a Defence without the Court's permission. Please confirm whether you can agree to our client serving their Defence by 4pm on 5th April so that we may notify the Court accordingly." Can anyone explain what this letter means? If Judgment has already been issued then what is this letter for and why would I want to give them an extension to file a Defence when they should have submitted or acknowledged the claim when it was first issued to them? Any views and advice would be greatly appreciated. Thank you! -
I am trying to pursue a company in Scotland via small claims court, I have received the paperwork back today Subject : Claims Issued Out Of Jurisdiction Please find enclosed claim forms returned to you for service, As this is a claim form to be issues out of the jurisdiction of the court. Money Claims Centre no longer servers the claim form direct to the defendant. The money Claims Centre has received this guidance from Court Business Support and as directed by a District Judge. Rule 6.4b of the cilic Procedure Rules only refer to general service by first class post to a jurisdiction within England and Wales and does not apply to foreign process. There is no provision to serve papers to addresses outside England and Wales I have rang PSU in Liverpool who in my opinion wasn't overly helpful in the pack returned I have :- Notice of issue (Duplicate) - I believe I keep this and fill in the missing dates of when sent, when it was received and date to reply Copy of claim form and submitted evidence - which I send to defendant N510 form - do I send that to the defendant ? Response form - which I assume the defendant needs to ? I need to know if I can put all the paperwork in the post and send via recorded method ? I need to know how many days I have to give the defendant to reply ? I know this is urgent and need to deal with it ASAP thanks for your support -
Hi all, I am looking for some advice please. If a non-UK resident landlord is not willing to return tenants deposit can the tenant use the small claims court to claim against them if they do not know the landlords address? The AST shows the landlords address as the same address as the rental property and this is not an address the landlord has lived at for 5 years. Can court papers be served to that address even if it is very unlikely the landlord will see them? I am confused about the rules for address for the defendant. How does it work if the papers are served to an address at which the defendant no longer lives? I have read that the papers automatically count as served a number of days after they are sent. How does this work if the address is wrong or old? I read that money claim online cannot be used for non UK addresses. Can you use the "normal" small claims or other court for non-UK addresses even if the amount is under £1500? Any help would be great. Thanks! -
So i brought a car from a guy who told me he was a trader/dealer. Car was described as having no mechanical or electrical faults 2 days later car stopped dead wouldn't move. EGR valve had gone and also traction control system had faults logged in the ECU... Took it along to seat got a bill for £2000 (cutting a long story short here) Went back to the dealer/trader told me he wasn't a car trader and offered me £101 as compensation and told me nothing else i can do and he will not take the car back. After issuing claim form he made an offer of full refund including costs which i accepted... he never turned up... he didn't reply to the directions questionnaire and was given a further 2 weeks... he still didn't respond. today i got the judgement which orders him to pay £1963 and wrote to him requesting payment.. he NOW says after he got a copy of the judgement that he has written to the court requesting his defence be reinstated as it was struck out and the further trial directions to be issued. I have transferred the case for high court enforcement and i have also applied to the courts for a charging order as he owns his property... Me personally would find it highly unlikely that he would get his defence reinstated as he was given ample time and only when getting a letter from the court telling him he owes 2 grand does he then get his arse into gear... realistically what is going to happen now? #Edit Further to the above, i have evidence of everything stated by the defendant with regard to his title as car dealer and also the fact he described the car as being mechanically and electrically faultless. Forgot to mention! Oh and he has an appointed solicitor... His dad... lol he is a freelance solicitor for his dads firm... can't be very good he was convicted of perjury in 2012 whilst working at the same firm he's at now he lied to police and courts about serving documents in person to an individual. http://www.peterboroughtoday.co.uk/news/latest-news/law-worker-who-misled-court-jailed-for-a-year-1-4544217
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Hi, I have issued a claim on MCOL and the defendant has filed a defence on an additional sheet of paper which has been signed and dated, but he has not signed the statement of truth or given his date of birth or an address. Is the defence a legal document as he has made statements which I have documentary evidence are untrue. Surely they will be in trouble in court for telling blatant lies? Thank you for any help. -
I submitted a MCOL to recover my deposit from a Used Car Dealer who refused to refund it, after I found out they lied to me about numerous things regarding the vehicle's condition. My particulars essentially state that when paying the deposit to the dealer prior to the car purchase, the verbal agreement was on the basis that: 1) They did not lie about the car. 2) The car would pass a vehicle inspection. I since found out that they breached (1) and hence the agreement. Before even filing the claim, the dealer actually offered to give me half of my deposit back to begin with, which I happily accepted. A few hours later that same day, they called me to say they changed their mind i.e. deciding to keep the whole deposit, because they now felt that my decision to cancel the car purchase was a "change of heart" decision, furthermore they spent my deposit money preparing the car for me (even though the salesman told me the car was ready to drive away the day I came to see it). When I challenged them to provide me proof of their expenditure, they outright admitted it was "done by a friend" they didn't have any receipts/invoices. It was at this point when I decided to submit a claim via MCOL as they made their position clear and that their decision was final. About a week after they were served, they called me up and we agreed for them to pay me 2/3 of my deposit back, as long as I cancelled the claim first. There was no way I would trust them after going back on their word last time, I said that I will only cancel the claim after the payment has cleared, I also asked them to provide their agreement in writing, which they did. We came to written agreement, and they said they were able to pay me the same day. I monitored my online account, waiting for this to happen, poised to cancel the claim as soon as I saw the money appear. The money never arrived, despite numerous chasers and calls, they kept making promises to pay "later today"/tomorrow, then afterwards kept made excuses for not paying. Yesterday I gave them the final deadline: Pay the agreed amount that day and/or call me to confirm it has happened, or the agreement is off and I will proceed with the claim. They acknowledged my position (I also have a recording of this phone conversation) and promised to call me back by the end of the day regardless of the outcome. Once again, no call nor payment was received. From my perspective it felt that they were just messing me about, and I was out of patience. It just so happened that the defendant had until yesterday to reply to the claim issue, according to the letter the court sent me. I waited until this morning, and submitted a request for Judgement. Upon checking later in the day I noticed that the defendant filed a defence shortly afterwards (the same day!), despite their deadline being yesterday. In the MCOL transaction history it says: In the Judgement panel it says "Requested", and the Claim Status now shows as "Defence". Surely they were too late? I spoke with the defendant a short while afterwards, they made more excuses, and gave me "his word" that they were still happy to pay the 2/3 of my deposit back, assuming I can get the claim cancelled with the court. I'm going to call the MCOL helpline tomorrow, I'm just wondering: Where do I stand? A bar is in place for this claim, despite them filing a defence too late according to the deadline. They are still offering to pay back 2/3 of my deposit.. . does this count as admission to some degree? In the event that they are still just wasting my time with this "offer", is there a chance that the bar will be lifted and their defence be discarded? Does the fact that they filed a defence mean it is now out of both mine and the defendant's hands? Any help/advice would be much appreciated. H -
Hi guys, I've been pursuing my deposit and rent from an old landlord that was never paid back to me. She hasn't responded to anything I've sent her, so I have won the judgement by default and now have a CCJ against her. Could anyone give me advice as to the best ways of enforcing the judgement in the case of silence? Also on the off chance that she's moved address during the time I've been chasing her up, how would that affect my case? MCOL told me that using the 'Last Known Address' is fine, but it seems as if it'd be easy to say you never received anything. Would it be worth hiring a private Process Server to track her down and resubmitting my claim? Could I add this onto the costs? Thanks EDIT: Just to add I have done some pretty intense googling and found out that she has a company registered in her name. This is still active according to Companies House and has a Company Address as well as the home address to which I sent the court documents. Not sure what I can do with this information but maybe somebody else has some good ideas.
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Hi All, Me, my Husband and daughter(18) rented three storage "garages" from a storage company three years ago. In February 2014 they had problems with leaky roof which caused damage to daughter's stuff in her garage, which they never compensated for saying beyond their control as rain is an act of God (????). They put the charges up this year (contract to run April 14 - March 15) which we weren't prepared to pay as they still haven't repaired the roof. We therefore gave a month notice and removed our stuff on the 25th April. On the 2nd of May they then issued three invoices, mine & husband's storage fee for 1st to 25th April at double the previous rate and daughter's at three times the rate! I recalculated at previous rate and paid on the 17th May. They weren't happy with this and sent me emails threatening court, I stated that charging double/treble amount not reasonable under Supply of Goods and Services act, and charging more to cover loss of profit for loss of custom not fair under Unfair Terms and Conditions in Consumer Contract Regs 1999. They have now made a claim using MCOL for the rest of money on all three invoices - but only showing Daughter and Husband as defendants not me! I think this is as they know that husband and daughter are not as hot as me on consumer rights - and don't have as much fire in their bellies, plus both work full time whereas I have time for research! Can anyone give me advice - I believe I have a relevant defence but I'm not trained so can't become the family's legal representative. If I go I won't be able to say anything as not a defendant - can I become a defendant??? Help! - and thanks in advance for any knowledge
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I have bought a flat in April in a converted house which has three other flats. The freeholder is demanded the portion of this years service charge (September 2013-August 2014) from last year September to April 2014. He is demanded this payment after the I purchased the flat. His reason is due to change of ownership. I now have a county court hearing in November. Before completion the freeholder refused to provide a breakdown of works and items have been purchased since last September. He has provided this now but no receipts. The other leaseholders have not been made aware of any demand and are therefore will proceed to pay the service charge in September 2014. The freeholder made it aware to me that all service charge from last year September to September 2014 will be paid in September before i bought the flat. In the lease it states from time to time service charges can be demanded but he sent no summary of rights and obligations with the demand. Could someone please tell me what my rights are and is a defence of not receiving a full demand strong enough? Thanks Leon
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Hi, We have been right through the Small Claims process due to a badly built fence, all the way to bailiff leaving a letter, and now the defendant has applied to have the judgement set aside. We don't have long to respond as the court date is a week on monday (at our request due to some other personal circumstances). We are really unsure what evidence we need to supply at this stage and struggling to find helpful advice. This is what he's put on his form: section 3: What order are you asking the court to make and why? To set aside a judgement against my company. The work done for (my name) was according to his specifications. He expressed satisfaction at the time. The damage was caused by weather conditions (torrential rain) six months later. He hasn't ticked any boxes asking what information he will be relying on, but in the next box it says: See box 3. In addition to the torrential rain the entire country suffered damage due to exceptionally high winds as recorded at the met office. As far as I can see, he can ask for set aside if he doesn't owe the money. My question is, what do we need to submit to the court? All the evidence we have already submitted as part of our application, or a statement saying that the damage wasn't due to the weather (we have an independent report on the poor construction of the fence. ) Thanks Confused little Tootles!
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