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  1. 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 wa
  2. 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 buyin
  3. 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
  4. 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 cl
  5. 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.
  6. 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 t
  7. 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.
  8. 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?
  9. 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 b
  10. 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
  11. 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?
  12. 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
  13. This is a new one. Send Letter of Caim to defendant. All sorts of details in the Letter of Claim.... Defendant's response is to demand that I attend their London headquarters, at my own expense, to prove my identity. I have never encountered such a response ever. They demand I bring passport, utility bills, etc... because I wouldn't want to be a victim of identity theft (!) They then conflate this with ADR saying that as I have agreed to ADR I should do this, even though it isn't ADR. Oh and to top it all off, they ask for my bank details already even though I haven't co
  14. 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 a
  15. 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
  16. 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.
  17. 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
  18. 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 c
  19. 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
  20. In brief - We went to a local independent flooring company, wishing to purchase a wood floor. The owner talked us through the various products, came to our house to look at the area it was for, measured up, checked the subfloor etc. He then recommended a product for us, ordered it and arranged for "his team" to come out and fit. He arranged the day and time they were to come out and told us that we should pay them cash on the day. In the meantime, he took moisture readings, spoke to the manufacturer and also the manufacturer of the underfloor heating we'd had put down, to check what u
  21. 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
  22. 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
  23. 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
  24. 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.
  25. 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
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