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Found 19 results

  1. 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.
  2. Hello, I was sent a Claim Form with the Claimant as Cabot Financial, I was wondering if "the particulars of claim" had to legally contain more specific information than has been put on this form?
  3. Hi, Parcel2Go lost my 4 dining chairs. They refused to refund of the value of £180.00 of chairs because I did not buy insurance cover. I have taken them to Small Claims Court. Apparently, they defended against all claims and so, we are in the process of me sending back the DQ and waiting for mediation. As I did not send a detailed particulars of claim to them and would like to change my mind to do that at this stage. Does anyone know the procedure etc.? Thank you.
  4. Hi everyone I am new here and i am pretty sure my particulars of claim will be too vague after looking over it after filing for judgement. The complaint is that i paid a deposit to an estate agent/limited company to purchase a property through paypal. i never was given an opportunity to view it. afterwards i requested a refund of the deposit which they kept promising to refund but never did. moreso the director of the company illegally withdrew the funds of the deposit out of the paypal account even though it was a deposit and was not meant to be touched. Please be so kind to tell me how to word a correct particulars of claim thank you
  5. I would welcome some suggestions from Forum Members please as to what I should with regards to a landlord who is taking her time in restoring central heating in the house which I am renting. I have been without heating now for a week. Prior to this, the boiler had broken down a number of times and the landlord was told by two of the engineers that the boiler was obsolete and needed replacing. I have been in touch with the LL and made the point that the situation is becoming untenable, but all I got back was that she is dealing with the matter. I would be grateful for some suggestions about what options are available to me so that I can use some leverage to get the LL to act and act urgently? I hope members can help. Many thanks in advance. Mack
  6. Hi CAG I served a claim on a company through MCOL I then sent my Particulars of Claim within the statutory 14 days but Unfortunately i messed it up. I did not send the particulars of clam in the proper format .... with numbered paragraphs, statement of the case and statement of truth. I sent two invoices which were outstanding and a covering letter as my particulars of claim. I have just realised my error, but i am out side of the 14 day time limit. Claim was served on 25 July and I sent the incorrect particulars of claim on 05 Aug. Can i send another Particulars of Claim in the required format? OR - as " Supplementary Particulars of Claim" or " Detailed Particulars of Claim" - all in proper format? I need help and advice. How do i get around this pls? How can I Now issue my Particulars of Claim please get back to me as fast as possible. thank you and regards Burmafriday
  7. 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.
  8. Hi, I'm posting on my dad's behalf, who in May this year had his caravan repaired by a local repairer. The repairer is just a sole trader, and not a limited company. On his website he says that all repairs he does he gives 12 month warranties on. Although, on my dad's paperwork it just says "warranty, as dated above".. A few weeks ago he had a damp test done, and it showed that water was still getting in, due to not being sealed properly, and the panels replaced in May would need replacing again. The readings were around 30%.. My dad contacted the repairer and told him this, but he never came round to view the caravan when he promised. Ever since then my dad has had his calls ignored, or when he answered and knew it was my dad, he just hung up. He has also visited his unit in person, and he wasn't there but people tell him he had been working earlier in the week. If he had called round he could have done his own checks. My dad is due to get another repair company to quote on getting the work done, and he will also get his damp report in writing done by his engineer. He spoke to caravan & camping club legal team who have advised him to send a "letter before action" and give him 14 days in which to respond. I am due to write the letter at the weekend and think that I we will have to give him until early in January to respond because of the Christmas break. Would it be best to ask for whole amount to be refunded, or just ask the rogue repairer to pay whatever it costs to put it right? I will of course attach copies of the quotation, and also the damp report. I shall include a copy of the invoice to my dad when the repair was done in May. I'm not sure what rule he has breached by not honouring his warranty, so if you could tell me I would appreciate it. I've also asked for advice on a caravan & camping forum and was advised to post here as you could help more with the legal side. Thanks for reading. Apologies for the long-winded post.
  9. Hi My wife and I recently made, and had accepted, an offer to buy a property. The first line of the particulars said "A most spacious five bedroom detached family home with approximately 3,000 sq ft of living accommodation..." There was a plan of the property later in the particulars but no dimensions on it. There were dimensions on a room by room basis included as part of the description of individual rooms. I had a full survey done. That states "The overall internal floor area extends to around 2085 sq ft". We have withdrawn from the sale principally because the property is a lot smaller than we thought. At a minimum I would like to recover my lost survey fee. The selling agents are members of the Property Ombudsman Scheme. Worth going to them? Or straight to small claims court? I have some experience of the small claims court and am comfortable bringing claim on my own, and I am thinking probably is worth going straight to court. What is basis of the claim? This looks like a clear breach of Consumer Protection from Unfair Trading Regulations but can I claim my losses under those regs or is it best to go under general law of misrepresentation? On this - I was induced to enter into a contract with the surveyor by the misleading particulars - is that what I need to establish to succeed ? Put another way does it matter that I did not have any contract with the estate agents themselves? Any thoughts gratefully received. Many thanks
  10. 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
  11. hi i issued a claim through the courts and asked for it not to be served on the defendants. i received my stamped claim form, notice of issue (unstamped) and their response pack. i then sent, very close to the 4 months limit, all of the above and my particulars of claim to the defendants. my particulars of claim was not stamped by the court. i have just received a letter from the court stating 'it seems the defendant has been served with an unsealed N1, when was this , what was the date of service?' they have included a blank N215 for me to completed and send back. they also ask 'can you please confirm that the claim form that you have issued was not sealed by the court? what does all this mean?
  12. I filed a small claims case online, where there is a character limit to explain the particulars of the case (1080 characters to be exact) I was dismayed to find that when I had finally finished, part of my claim had been cut off. I rang the MCOL helpline asking if this was a problem that would affect future court action, and the man on the other end of the phone told me not to worry, this was for the benefit only of the defendant, so that they would know what exactly I was claiming for, and that if the case went to court, I would have the chance to send in additional documents explaining my case fully then. However I've now found out that there was a chance to send in particulars of claim, but it was 14 days after initially beginning the claim, which I am now past. Is this something I need to worry about? Will my case automatically be dismissed because the court cannot fathom what has happened from my initial document? What should I do?
  13. Hi, I was wondering if someone can help. I have spent some time on the site gathering information but I am now lost with the problem I have. I have been issued with a Claim Form for the amount of £1270.00. I have already responded to the claim form and after reading on this site I understand that the claimant is not following the process correctly. In brief the claimant is saying that I did not return a laptop that I purchased from him via ebay he asked for the item to be returned and I did, he claims that I had the parcel re directed to my address and then subsequently I was issued a refund from PayPal, therefore committing fraud. He also claims that Paypal have evidence that I redirected the parcel and that this evidence was handed over to the police. This I know to not be true, paypal refunded me the money and they also rejected his appeal. I have proof on so many of his points that I know I can defend this claim. I was not in the UK on the date of the delivery. (Working in Germany) My signature is not the one on the delivery note. the recipient was a MRS B (I am a male) DHL tracking shows the parcel being redirected by the recipient (the claimant). The point I require help on is that he did not inform me in writing that he was submitting the claim, (am I correct in assuming that he should have?) Secondly when I purchased the laptop i received a VAT invoice from a company for the laptop, however I believe that the claimant has logged the claim under his name as apposed to the company name. (i also understand this to be incorrect?) I suspect he is trying to intimidate me and would like to know if I can simply have this claim struck off due to the above points? Thanks in advance.
  14. Hi all My former tenant is not paying unpaid rent. I have a CCJ for the amount due + costs and interest but he's decided to ignore all that by the looks of things. I've downloaded Form 6.2 (Statutory Demand under section 268(1)(a) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately Following a Judgement or Order of the Court) and was wondering if someone could assist with completing the section on particulars of debt. I'd like to get it right first time as I believe there are consequences for inaccurate demands. If the wording needs to be quite technical then I'll see my solicitor, but I had hoped to have a bash myself if it's easy enough. Thanks!
  15. Hi all, I submitted a claim through moneyclaim online and clicked the option for sending detailed particulars direct to the defendant. What I'd like to know is, what do I include in the detailed particulars, do they have to follow some kind of standard format and lastly, can I send them via email or do I have to post them out? I'd certainly appreciate any advice, thanks!
  16. Hi - I'd be very grateful for some advice re. drafting a POC for a claim against a parcel delivery company - I'm aware there are quite a few templates for reclaiming bank charges and I haven't found a POC template for services / reclaiming damage / compensation in this case. Any relevant advice / links will be much appreciated! Thanks!
  17. Hi Hoping for some guidance! Shop Direct have ignored my letter before action and I stated to them (in lba) that I will not be pursuing the matter through the fos. So I am preparing my claim against them. This is my POC so far, bits extracted from other's people PPI poc and also my own input, I would appreciate if anyone can suggest alterations etc before issuing, many thanks!
  18. Hi again, Don't know if you have read previous post, asking for court claim form help. Just checking my documents against the POC. The credit card account no. is different on all my correspondence, to the one they have on the claim form POC. So it looks like the POC are wrong, do I just acknowledge service, get another 28 days, apply for CCA and see what happens from there. Or do I admit debt but point out error, as I expect they will just reissue with correct account no. What do you think? am I just delaying the inevitable. Thanks for any input.
  19. I am an ex-tenant have been corresponding with my landlord - with several letters flying back and forth - about a non-return of deposit. Each time they send me a new letter, they change what they are claiming for. The last letter they sent says they have decided to waive the cost of xyz. When I complete the Particulars of Claim, do I list and describe the items they are claiming (and which I dispute) only in the final letter? Or do I need to include the stuff in earlier letters? My concern is that I make a claim and then they start talking about the earlier stuff too, if that makes sense. Thanks, Jon
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