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  1. Hi everyone, I’m a first time poster although have been reading for some time, hoping some of you clever lot can offer some advice. A simplified background is as follows: Subby (my uncle) put a claim in online to the small claims court against a small limited company for non-payment. Prior to this the ltd company claim non-payment was because issues had arisen with a previous job the subby completed (which was paid for) and the Ltd company would now have to pay to have corrected. I feel that the subby had no choice to initially issue a claim ( requests for payment were made and notice before legal action was sent), as he was simply told he would not be paid and was not allowed to correct alleged faults, view them or even told fully of the problems, despite requesting this. Therefore, it looked suspiciously like the ltd company were trying to pull a fast one and simply get out of paying. Ltd company then counter claim (for a much higher amount) for said issues, on receipt of the counter claim subby for the first time gets some info regarding issues although they are still lacking in detail. The ltd company have a dubious past history, which although not relevant here does explain much of the above. It can also be proven that costs in their counter claim have been inflated and they have not mitigated the costs as they should have done. However, as the court date approaches the worry sets in. If the ltd company can prove the subby was at fault, can they win their counter claim? Despite the fact that had information been provided at the time payment was due then it would never have gotten this far? There was no written contract in place, therefore no terms and conditions other than do the work – get paid. A court date is now set and we have what I believe to be the final chance to submit evidence and worst-case scenario is that the Ltd company will have more evidence not yet seen by the subby that will be submitted. Most of the subbys evidence was submitted in the original defence on the counter claim, but there are now a few extra bits. Which would be the best track to go with this? Does he deny all responsibility of bad workmanship as he was not allowed to view it and the evidence supplied so far is poor, therefore how can he admit it? Or blame the whole thing on the ltd company not supplying evidence prior to the claim being entered? Or use the inflated costs, lack of mitigation of costs and the fact that he could have put right any issues for free, thereby leaving the ltd company with no costs at all? Or should all of the above be used in his defence? Thank you for reading, any advice offered will be extremely welcome.
  2. Hello. I’m trying to stay calm, but pretty in reality I’m quite distressed right now! I recently opened two letters, one from Howard Cohen & Co. and the other from The County Court Northampton. Essentially I have received "Notice of Pending Legal Action" (dated 8th March) and the claim form from courts (dated 25th March). I want to avoid getting a CCJ - it appears my only option is to settle with Robins*nWay. Is this the case? After speaking with their "litigation team" I was informed that I can make an offer of settlement and if they agree to reduce the debt to £0 this will mean no CCJ against me and a "partially settled" on my credit file. They require me to go through my income and expenditure with them over the phone in order to come to a decision as to whether my offer will be accepted. The debt is around £12k - originally around £9k, but they are asking for an additional £3.5k interest. My questions are: * It would seem I still have 7 days before I need to reply to the court order (therefore deadline of Wed 13th April) - is that correct? * Do I have any other options? I took the original debt out (Halifax CC) in July 2006. * If I do make an offer, what sort of % should I be considering? And of the debt or debt + interest they are claiming? * How can I ensure that this is considered “full and final” and they will not/cannot therefore continue through the court for further money and me receive a CCJ anyway? * How bad is “partially settled” on my credit file? I assume it is much better than a CCJ! It's worth mentioning that I have about another £15k of debt besides this, so bankruptcy is a consideration for me; I know this will supersede the CCJ if I go down this route, but I would really rather avoid bankruptcy. Any and all help/advice appreciated!
  3. We received a notice for repossession from peterborough county court which was dated 16th july 2013, on saturday 21.11.15 with repossession date 7.12.15 by mortgages 1 ltd,for arrears off around £2000, my husband receives esa benefits which is paying the interest on the mortgage plus he pays £25 extra every week, he telephoned them yesterday (24.11.15) and the woman told him she'd post out a earnings and expenditure form, but i don't think it will arrive and get back to Them before the 7th december, she told him to print off an N244 form and arrange a court hearing to try and get it suspended and in the meantime she would talk to her advisor to see if they would allow us the time to try and sell the house instead, but when he phoned them back today, they totally denied saying anything like that at all and that they were repossessing the house as planned. My point to all this is that we didn't get any warning about this and she said thst as it was first applied for in july 2013 and had been suspended, that they weren't required too inform us that they had reapplied for repossession even though the payments have never been missed, sorry if this is a bit long winded but we're reaĺy worried that we won't have enough time to try and stop all this happening before the baillifs arrive on the 7th, any advice gratefully received, thanks
  4. I purchased a Henleys watch from an Ebay seller in October 2014, brand new, boxed, and with tags. Within 2 months, the silver coating was rubbung off either side of the winder, around the top and bottom of the case, and around the underneath, showing a copper colour. I contacted the seller who ignored me. I then sent the watch back to the sellers address. I got a reply stating that the seller gives 21 days warranty, and that I should return the watch back to the manufacturer. The seller finished by saying that he returned the watch back to me. Fast forward to this month, when I have asked on 3 occasions for proof of posting and the tracking number. So far, no response. I have never received the watch back. I then threatened to sue in the Small Claims Court. Again no response. A summons is now in force. All of a sudden, the seller replies saying that the Sale of goods Act does not apply to him. I replied saying it does as she is the retailer.. ..In the meantime, I have tried googling the manufacturer of Henleys watches for a contact number/address, but have not found anything Does anyone on CAg have any contact details for Henleys watches please???. Also, am I correct in saying the SoGA does apply to the seller, or is the internet shopping a different law??
  5. TWO months ago i sold my car and sent off the V5 to DVLA as instructed. After receiving no response i have just telephoned DVLA. They are saying that they still have me as the Registerd keeper and that it is still SORN. They state that they have not received any notification that the vehicle has been sold. The internet is awash with people in similar circumstances as mine and end up receiving an £80 penalty for failure to notify the secretary of state. Talking to the DVLA is like pulling teeth. Their attitude is just send in another letter, great until that gets lost and i still end up with a possible ticket. This is a racket by DVLA and borders on criminality So my question is how do i get DVLA to acknowledge receipt that i have sold the vehicle and that i am no longer the owner of that vehicle. You really cannot make this up
  6. Feeling so confused so apologies for this.. My boyfriend Mark has worked for a small company for over 2 1/2 years and they are currently facing financial difficulties. 2 months ago his boss suggested a 10% paycut to all 8 engineers to get them through the next few months. This was collectively agreed. One month later Mark went into work and he and another engineer were given a letter stating that they were being laid off for 3 weeks and if things hadnt picked up by then, then the redundancy process would start. With 3 young children, losing a wage for 3 weeks was scary. Mark spoke to ACAS and they said that they couldnt actually do this and suggested he not sign it. He told his manager who then called all engineers in for a meeting and 2 other engineers offered to take time off unpaid. They were told that these engineers would then not be included in any future redundancy process (although this was not stated to Mark when he was informed he was being laid off). Anyway, this evening he received a letter inviting him to a disciplinary meeting due a customer complaining about him, and also included vague comments about his attitude and unhelpfulness. It also included a line that if it was deemed to be gross misconduct he would be dismissed there and then. He did have an informal meeting with his senior team 3 months ago about another customer's complaint, a friend of his bosses but there was no written warning. Apart from that he has never had any criticism of his work, was given a good report from a recent appraisal from the company's major contractor. He's tried to through to acas tonight but no luck so far. He was told that one of the factors for considering redundancy would be disciplinary history, as well as geographical location (which they stated in his orginal lay off letter was a reason they were choosing him) He can bring a colleague to the disciplinary and is going to ask for details of the complaint . However I fear that he could go to a disciplinary, get a warning and even if he appeals it as it is such a small firm, with no other managers, his disciplinary would be upheld. He doesnt have a contract, although he did ask his senior engineer about this not long after starting and was told that having a written contract would make life harder for all engineers as it could state they have to work more hours etc. Its a horrible company and I would love him to leave and get something else but the thought of him being out of work just weeks before christmas is just gutting.. Any helpful comments would be massively appreciated. Thanks
  7. Hi, nervous newbie here! I've just phoned the court and booked an appointment to declare bankruptcy in two weeks' time, forms are filled in and ready to go. Heart jumping out of my mouth now that it's all in motion. Just a couple of queries - Are you expected to turn up really early for the appointment, do they have to spend a lot of time prior going through information with you? I can only get there about 30 mins before, is that enough time? Is it the norm to have 3 copies of everything, is that enough? Do you usually see the judge (or have him agree to the bankruptcy without you being in the same room) there and then, or do you need to go back another day for this? I will most likely phone the court back to check but just wanted to know if there is a set procedure for all courts.
  8. Hi, i really need advice, i am 6 months pregnant and my tenancy run out the end of march(2 months ago) and my landlady asked if we wanted to renew, to which we said no as our place is very small and there wouldnt be room for a baby so we have given her notice that we was leaving. We found a bigger place to move to and the tenant there was being evicted we had a date to move in which is last month(may) but now the council have advised the tenant not to move and to squat in the property until they get a possession order which from what i have heard is going to take a long time. So this leaves me in a dilemma as i now need to leave where i am as new tenants are to be moving in at the end of this month(june), if i go to the council they will more than likely tell me to squat here which i am not prepared to do as I am on good terms with the landlady and she has been very good to me and i also know the new tenants that are moving into my place and dont want to hold things up for them, i have been told(though not sure if correct) that if i leave this place i will be making myself voluntarily homeless and the council wont house me. This whole situation has caused me lots of stress and worry and have had to see the doctor and he has said its anxiety. Sooo please any advice i would be most grateful!!! Thanks
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