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  1. Evening all, Background in quote So, thats the background sorted. We've sent the letter before action requesting a reducing in purchase price to cover the cost of the repair, now were waiting for the 30 days to expire before we progress to MCOL. A swift, standard response received, same as the one above...nothing to do with us.... Oh the joys of a used car (£9k), outside of main dealer warranty.... will update as we go, win or lose...
  2. Not sure if this is the right sub-forum, but would appreciate some advice regarding the following. My wife and I purchased some lighting from a specialist online/high street retailer a few months ago...which was done as follows. The company sell lights/lamps from various Manufacturers on their website, which are not bespoke in any way (they are not custom made/made to our specification...they are simply lamps/lights like any other customer could buy). After receiving an initial quote from the company via email for some items we were interested in, we changed the items a few times before settling on the final requirement list (but never received a final quote to order from...we were simply emailed an invoice to be used to order). Note all conversations/engagements with the retailer were conducted via email/telephone/their website. We then sent the money via bank transfer to place the order (a total of around £1,800, of which the 2 lamps came to roughly £850)...and had to wait a few weeks whilst the lamps were shipped from the Manufacturers in Italy to the UK retailer...and then shipped on to ourselves. Upon receipt, we didn't like the quality of a couple of the lamps...and contacted the Online shop asking to return the items on the same day they were received. We were advised we had no right to a return, as the lamps had been made especially for us...and it was noted on the first quote we received that they could not be returned once ordered (which I then checked, and it was a small clause at the bottom of the original quote). From speaking to Citizens Advice, they confirmed that as the lamps were not bespoke in any way, that we hadn't provided specifications to which the lamps had to be made...and had essentially bought a product that could simply be ordered by any other customer...that the retailer had to comply with the 14 day returns period. So we started an MCOL Claim against the retailer from that point...and also returned the lamps via Parcelforce (which the retailer confirmed they had received). We are now at the stage were the retailer has launched a defence against our claim, but they have yet to return the DQ form and have had a General Sanctions Order raised against them a week ago (we can enforce judgement in 1 week now if they don't respond). Hopefully all of the above is clear...my question is, have we been correctly advised by Citizens Advice that the 14 days return period is our legal right, or has the retailer covered themselves by adding the 'no returns on this product' note on their original quotation? I have a feeling the retailer is dragging it out as long as possible, and will file the DQ form right before the 2 weeks are up, which will mean a visit to court...so I want to make sure we do have the law on our side before that point!
  3. Hi guys just wondering if I can get some help. I have issue a claim against amazon and their solicitors have emailed me stating the following: However I am sure I sent them what should be counted as a separate detailed particulars. First I sent amazon my money claim online form in pdf format within the post along with a separate detailed particulars detailing why I have raised the claim against them by first class post stating the following: Would this count as a separate detailed particulars as I sent this to the solicitors who are dealing on behalf on amazon via email as they sent out a letter well before 14 days since the claim was issued and I responded immediately via email with the details they wanted me to send. On the MCOL form I just briefly said I ordered some goods from amazon, were not as described, also claiming for gift certificate balance and a Iphone that was not delivered, nothing like the above that I sent to amazon via post with my pdf MCOL form along with what I've quoted I sent them above - Would this count as a separate detailed particulars as they sent me an email today asking for this stating I should of done within 14 days.. Thanks for everyone's help in advance.
  4. Hey, I've pretty much shot myself in the foot too. I appealed and was rejected, ignored the requests for payment and now have a MoneyOnline County Court claim against me for £160. I'm confused, I used the argument that there was no free parking at Liverpool Airport, but I read stories that say there is .. did there used to be but they removed it?? On my first visit, dropping off my son, I assumed that a simple 60 second drop off/pick up would be free like Manchester, I entered the airport road it led to a roundabout, after following the signs for Drop Off/Pick Up I entered the car park, at this point I was on a one way road were I couldn't do anything but enter the car park. I dropped my son off, I was no more than a couple of minutes, I went to leave and couldn't get out of the car park without paying. A couple of weeks later when I went to pick him up I thought I might have gone into the wrong car park, I followed the same road and realised that I would be entering the same car park and I'd have to pay, I spotted a barrier and pressed the buzzer to get off the road and go back out, I then saw him, pulled over for about 60 seconds to let him in and was nailed. I appealed, it failed, I ignored and now I have a claim for £185.00 Any ideas?
  5. Hi Just received a claim from Howard Cohen this morning. Just wanted to check what I need to do. 1st - Acknowledge claim. Can this be done online? 2nd - Send CPR18 to Howard Cohen, as belows [template removed - dx] 3. Wait for reply.
  6. I am helping an elderly relative (91) with a court claim. Wer are getting the witness statement ready as there are only 3 weeks until the court date. He received a letter in december and should have paid his hearing fee in february. Its new to me, but I think the court will strike out the claim. He is unsure if he paid it, if he has not what is the worst case?
  7. 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!
  8. I'm making a (very!) small claim through MCOL on a point of principle - to recover just £5. That amount is dwarfed by the £25 MCOL fee - I'll make the claim anyway as I want to hold the other party to account, but can I include the £25 MCOL fee in my claim - or is that disallowed? (I seem to remember than the previous Small Claims Court arrangement, part of the deal was each side paying their own fees - but I can't find any reference to this in MCOL documentation)
  9. Hello, A number of PCNs from Smart Parking were delivered to my address in the last few weeks, for an alleged breach of the terms of parking at Matalan in Sutton, Surrey. This was subsequently followed by a Notice of Intended Court Action letter from Debt Recovery Plus (DRP), stating the reason for the PCN being issued as: "Overstayed Paid Time". Earlier this week, another letter was received from SCS Law who claim to act on behalf of Smart Parking Ltd who have allegedly instructed this law firm to recover the PCN charges. The letter then goes on to state that Smart Parking are entitled to the outstanding sum under contract law, adding: "When your vehicle parked at the above mentioned site(s), the driver of the vehicle agreed to be bound by the terms and conditions of parking which was displayed on signage throughout the site(s). The driver of the vehicle breached the terms and conditions of parking on each of the above stated occasions for the reason stated. For each contravention, a parking charge notice was issued, for which the sums owed remain outstanding. We refer you to the Supreme Court decision in ParkingEye Ltd v Beavis [2015] UKSC 67. In this case, the Supreme Court found that parking charge notices do not contravene the penalty rule or Unfair Terms in Consumer Contract Regulations 1999 provided they protect a legitimate interest. Unless payment is made within the next 14 days, we are instructed to issue court proceedings to recover the same and any of our client's legal costs, without further recourse to you". I visited the Matalan store last weekend and discussed my issue with a member of staff, with the hope Matalan would intervene and request for the PCN to be cancelled, being a regular customer of the store. The member of staff was not very helpful but did advise me to contact Smart Parking directly for any resolution and also pointed out that Smart Parking were no longer the contracted to manage the car park. I would now appreciate the kind assistance of our very valued forum members to advice on how to fight this PCN successfully and have provided some relevant pictures from the car park, if this helps construct a solid defence. Thank you.
  10. Two years ago I raised a claim against my ex husband for gambling debts that he owed me. My solicitor told me to discontinue this claim and to deal with this through the marital route. Unfortunately the marital solicitor has not worked for me and I am left still trying to recoup the money. Does anyone know whether I can reissue my original claim with the mcol? Thank you
  11. A friend sold his car in late November for £500 after advertising it on a local for sale site. The friend had explained to the buyer that the MOT had almost run out and that the car needed quite a bit of work. Last week he received a MCOL claim for the full £500 and the buyer stated that my friend sold him a car with a 'false MOT' and that my friend 'withheld the true state of the vehicle's condition'. The MOT was provided by the keeper previous to my friend and after having looked on the Gov website, it appears to be fine. Surely this can not be a 'false MOT'? My personal suspicion is that the buyer realised that there was more work needed on it than he first thought and decided, over 4 weeks after the sale, to issue a MCOL. Any advice would be greatly appreciated....
  12. Hi. I recently used Expedia to book a holiday in Europe. Unfortunately the hotel downgraded us after our original room had a huge blood stain on the carpet of our original room, the TV hardly worked and they charged us a charge on my debit card after we had left which I am having to work very hard to get back. Expedia don't really want to know but I am persevering. My question is, if it comes to it, should I want to start a MCOL claim against them, being as their HQ is in the US, could I do this or would a chargeback on my credit card be a better option? Than you all.
  13. Hi all. Very briefly, my friend worked for an employer last year who paid him by bank transfer and never gave him a pay slip. My friend resigned at Christmas and since then has sent letters to the employer asking for payment for 2 days worked, 2 days bank holiday pay and 2 days holiday pay. He has since asked me to help him make a claim against his ex-employer. Evidence-wise, we have this: Original advert in local paper Bank Statements showing 7 bank transfers made to my friend's bank account starting on 11.9.2015 and ending 18.12.2015 totalling £4718 Copies of letter and email sent to employer Proof of receipt of letter. He is owed money for the last 2 days he worked (21&22 December 2015), 2 days holiday pay and 2 days bank holiday pay. He works this out as £9 x 8 hours x 6 days=£432 Is this the correct amount or do we work out the Tax and NI he would have had deducted? (although his employer, apparently, never paid his NI or Tax) My question is, do you think that we have enough evidence to proceed? And, if so, is an LBA the next move, detailing the above information? Thank you in advance, B
  14. Hi All, Received so much help and support way back in 2005-2008 which turned my life around. Unfortunately a DCA (CABOT) has re-surfaced issuing a CCJ Claim chasing what I believe to be a Statute Barred debt for Vanquis they have bought. I will post all details in the relevant place and look forward to your much appreciated assistance. Regards
  15. I was working self employed for a company. In December they stopped paying me, I sent them an email on the 10 January 2016 stating that I wouldn't be able to come into work as I hadn't been paid for 3 weeks and I needed to now look after my 2 year old as I was in arrears with the childminder,I did say that I could come in once it was sorted, they called me 20 minutes later and said they will be picking up the company car and all of there property. there's 4 outstanding invoices for £1000 still unpaid, I tried to resolve the matter with the company but there not replying. I have now put though a claim and just need advice on what to put in the detailed particulars and what evidence to enclose. Thank you.
  16. Good morning all, I have a question if someone is able to help... If a defendant files a full defence via MCOL, stating that they don't beleive they owe the claimant money and the reasons why; how long does the Claimant have to instruct the court to proceed once this defence is received? Many thanks!
  17. Hey, I recently had some work done by a plumber, to whom I gave the payment in advance as he said he was in need. However since then, he has not returned back to finish the remaining work. He is not responding to mobile calls either. The payment was made to him by bank transfer so I have his bank account details. Can I use MCOL in such a scenario? Can MCOL ask the bank to release his address? I did not have any formal contract signed with him but I do have SMS and bank payment as proof of engagement of work. I am really distressed about all this. Can someone help me.
  18. Hi - I have looked in the forum extensively but couldn't find an answer to my specific question so hoped to get some advice here. Apologies in advance if i missed anything obvious! I need to commence a money claim via small claims court today. I am bringing the claim against a digital agency for breach of contract in relation to services promised and not delivered, and the site provided not being fit for purpose due to lack of functionality etc. This resulted in us suffering loss and damage and we are seeing payment of money (the monies paid to them for the services) as remedy. It was suggested I use MCOL but I can see from the claim form there and numerous threads here that there is a limit to the characters for POC and given my case is slightly complex i am concerned I will not have enough space, or be able to attach the additional documentation needed (agreements, timelines, pre action letters of claim etc) Would you guys suggest in my case the N1 is the way to go - and is there a template for POC for breach of contract on the site - I couldn't find one and did look extensively last night so any guidance gratefully appreciated. Many thanks
  19. Hi Guys, First post. I was silly enough to help so called "friends" out last year and found myself being owed a good sum of money. It was £1200 in total. They, or rather, she, the wife, did make two payments of £50 into my bank account but thats all I have ever received. I have a print out of a Facebook conversation where she agrees to the 'loan' and its amount and states how and when she would pay me back. I also have a text message string confirming all the details and copies of bank statements showing transfers from my account to theirs. I have never phoned them and always gone for a written form of communication to ensure I have a record. Just before christmas I sent a letter, recorded delivery, to their home detailing all the fact with dates and amounts and stated if they failed to resume payment or make payment in full I would take the matter further. She only text to say she would pay me and she would ignore any letter from the courts. I received no payment. I filed the MCOL and judgement has been passed in my favour by default as neither of them responded to me or the court. I have progressed it online to ask for payment in full by the end of Feb 2016 though I doubt I will get a penny. My question is what would be my best course of action once this deadline passes? I see on the MCOL website I have several options, all of which involve a fee which I am happy to pay if it gives me a reasonable chance of getting some if not all of my money back. She works, part time I believe, and I know where and who for, he works for Royal mail full time as a post man so an attachment of earnings may work. They I am sceptical as I bet they come up with some rubbish showing they have no surplus after bills, which is total rubbish as they are out all the time drinking! I had thought about bailiffs but wondered how effective they are, apart from what you see on TV. Any advice or stories from people who have been through the same would be gratefully received. Thanks Matt
  20. Hi folks Just before Christmas I had a MCOL claim from Cabot via Restons Solicitors (for an old credit card - claim value approximately £1600 formerly with Cap 1). I filed an acknowledgement of service and sent the appropriate s78 CCA and CPR 31.14 notices. I had a smiliar claim against me from another creditor about 2 years ago and was able to submit the defence in good time. The s78 and CPR letters were sent by me unsigned. Yesterday Restons returned my letter saying that whilst it purportedly came from me, without a signature they are not able to do anything further. Any advice much appreciated. Cheers NC
  21. I'm posting on behalf of my son and his partner, and are in need of some assistance. On the 14th December 2015 my son and his partner were served with separate MCOL claims, one for Jacamo and the other for Marisota. I'm familiar these two accounts belong to the JD Williams group of companies. A little background. My son and his partner did have separate accounts for those mentioned above while they were living at home with me and my partner. I know for a fact my son and his partner sent both Jacamo and Marisota a letter stating they had moved home. However over many months both started to receive letters, I was instructed by my son just to write the forwarding address on the envelope and to place it back in the letterbox. Several months passed where every week I was sending mail back and then suddenly it stopped, fast forward around 2-3 months later, just shortly after the 14th December 2015 two MCOL claim packs arrived at my sons new address one for my son and the other for his partner. The DCA responsible for this is CABOT and the solicitors Mortimer Clarke. while it appears CABOT are happy to send correspondence to my son and partners previous address, they then go on to issue the MCOL forms at their new address, it seems to me CABOT knew what they were doing to cause confusion. I have today with the assistance of my son and his partner completed the Acknowledgement of Service on the MCOL portal, so we don't have to get a defence in right away but at least we have a little more breathing space of around 14 days. The particular problem for my son is I have been looking through his contract of employment and should he get a CCJ his employer will dismiss him, I'm not sure if they can dismiss him should his partner get a CCJ, but for him and his family it would be devastating considering he is the single earner in the household with a two year old child and another on the way. My concern is how to approach this, I know what CABOT have done is utterly despicable but for my son there has to be a way of dealing with this either by defending or by a Consent Order. I know there will be the judgemental few out there who will try and say well they should have paid their accounts, but when your youngest child has been seriously ill and you are losing 3-4 days a month from work for hospital appointments then these matters have to take a back seat.
  22. Hi There, Looking for some information really. My partner received a Claim Form from County Court Business Centre the Claimaint is my son's nursery. Particulars of Claim: Unpaid Nursery fee's Miss XXX has received 4 letters from us requesting that her or her partner to contact us about the arrears and late payments. Both Miss XXX and her partner avoid having any communication with office and attempts to intercept their speedy departures is unsuccessful as they refuse to engage in any discussion about non-payment. Both parents are working. Now yes both my partner and I are working. We've received 2 letters from the nursery regarding arrears in Nursery fee's however the statement they've tried to intercept our speedy departure and avoid communication is a total lie. The person who has submitted the claim (the owner) is rarely there. I myself used to collect my little boy after work and in the 3 month's he's been there I've seen this lady twice. We did indeed fall into arrears due to issues with our cars to which I myself spoke with another lady (management) in the office and verbally agreed payment plan to which we were sticking too. I got an email last monday morning saying they've withdrawn his place with immediate effect and legal action has been taken to recover the money. I've emailed this lady back twice with no acknowledgement whatsoever reaffirming my concerns about her comments on the claim form and to remind her that I've spoken with another colleague. The problem my partner and I have now is that we've to relocate our son's nursery setting therefore the money we'd set aside to pay the previous one has gone due to paying his new nursery. The MCOL form states we must provide my partners. Not both just my partners financial particulars incoming and outgoing and send to the claimaint. I guess sending this recorded post is the only sure fire way of proving we've done it incase she decides to escalate the case. Sadly we now can only afford around £7 per month back of a debt she's claiming of £1199 Any guidance on how to proceed would be gratefully received.
  23. Hi i have had a similar experience with a child minder She took me via MCOL to a county court over a debt the claim was struck out but now she has instructed bailiffs.(correction -a dca - DX) What I need to know is if the claim was struck out how come she can instruct bailiffs , has she broken any laws in doing so and can i now counter claim?
  24. Hi, I have copied my Cahoot Fixed Loan Agreement, but think they may have ticked all the boxes - any advice would be appreciated as to if it is enforceable thanks
  25. Hello all. I am looking for some advice regarding the nightmare service from EE. To cut a long story short we moved home in the middle of June and needed an new broadband connection. After issues with two providers I spoke to someone from the EE customer services team who said that our line was showing as live (I thought it needed an engineer to visit) and that there is no charge for connection. I happily signed up for phone and broadband at this stage. After a week I had still not received a confirmation email about my order and phone customer services. The email address they had put down was wrong and then they told me they can get someone out in a couple of weeks as we need a new line installed and that the visit would cost me £50. I told them about the conversation about the line and they put me over to someone else who apologised and after a legnthly call I was told it would be sorted out. I asked to speak to a manager and was told that you have to wait for a manager to call back. I was promised a call back the next day. This never happened. I called back again - (remember I had no home phone and broadband so had to go out for coffees to use their hotspot) and spoke again to someone after waiting 20 minutes. Again, was told I would receive a call back and that it would be sorted. Eventually after about five days of this and around 5 hours on the phone I thought it was sorted. I got put through to someone in a specialist team who said that I have an active line, arranged a date for installation and said there was no charge as no engineer was required. I finally was happy as I thought it was solved. Next day I had a call - I needed an engineer out before I went live as there is no line and it will cost me £50. At this point I was angry and told them to forget it. I went instead with the post office - free installation of line but I was delayed by another two and a half weeks without phone and broadband. I then called to complain and was told I would received a call back. I didn't, so I emailed the customer service team (twice) and had no response. I then sent a letter and an SAR recorded delivery on 2nd August which was signed for on 5th August and I have had no response. I also emailed the CEO's office and the Customer Service Directors office. Guess what - no reply after three weeks. I wrote a Letter Before Action and have had no response after 14 days for the mis-selling under the Misrepresentation Act 1967 and for the stress and inconvenience. I have however received two letters on the 26th signed by two different individuals asking for more information like email address phone number and DOB, which I felt was a stalling tactic by them as I had given full and frank details in all my correspondence with them. Rather than writing to them I decided to phone EE head office and ask to be put through to the correspondence department. To my surprise the reference number on the letters were unknown and they have no record of the people on the letter working there!!!!!!! Unbelievable! I decided to escalate this as far as possible as not only was it mis-selling, but as I said whilst I cannot give a cost value to the time wasted I have a log of the times and length of calls from my mobile provider (which is all I had at the time - thank goodness for say no no 0870!!) but as I am disabled I can rely on my broadband a lot more for billing and banking alongside supermarket shopping. EE through their action delayed me having an active line in my home for phone and broadband. I was also told that I could have transferred from my old home phone and have kept the old number - another thing that was blatantly untrue. I am concerned though that if I have jumped the gun a bit with my LBA and should I have gone through to the ombudsman first? Any help on this would be greatly appreciated. Many regards, Rob
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