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Found 7 results

  1. I issued a claim through the newer moneyclaims.service.gov.uk and have received a full defence. I now log in and it states that I can ''request a County Court Judgement as there has been no response by the deadline'' even though I have received an email from them stating the defendant has filed their defence and it is attached to the email, albeit on the last day I believe of the allocated time allowed. Is this a glitch in the website? Secondly, can someone please help as to the next step as I am not sure if I have to offer anything in response to the defence. I have attached the defence below - as you can see, my claim is against someone who hit my car and then denied doing so. I have a witness who saw the individual damage my vehicle and reported it to me. I went through the process of trying to claim on their insurance, but all liability was denied, as per below also. I am doing this in person, where as they have a solicitor provided for them via the insurance company. My questions are these - please help, I need your help if possible! 1 - Do I have to reply to the counter-schedule (or any reply as such) as suggested within 14 days with photos/documents etc, or can I just complete the required n180 by the required date? 2 - Is it best to reply to the defence below, and if so, what do I reply with? Does anyone have a sample draft that I could use that would help? Is it best not to reply to it? 3 - What is the best course of action from here on? Many thanks in advance.
  2. Hello, I wonder if anyone can help me. I bought 2 items from an ebay seller listed as a business seller. Firstly there was a problem with postage, 2nd item was supposed to be £1.00 postage and was charged full. Wrote a friendly email, no reply, left a friendly phone message and asked if I should go through paypal or if they could sort it. It was sorted the next day. OK, the items are not suitable, I collected from the post office last saturday, seller has a 14 day return policy and insists on a form being filled out via access to an ebay account. No ebay account. Have written 3 polite emails requesting the return, left 2 polite phone messages indicitating said emails are awaiting response. Meanwhile checked the new rules for distance selling, Consumer Contract Regulations. This says that the form requested is to make cancelling easier but does not affect the return of goods. As I used ebay as a guest I can't access the form the seller insists on and have made a request by email 3 times now and twice by phone. So as I understand it I have fulfilled my obligation to alert the seller within the 14 days (day 1 actually) that I want to return the items for a refund. No word from the seller. Any idea how I might proceed with this now to ensure the seller gives me a refund. I am trying to keep things cordial but I am anxious to get the items back and have the money returned to my account. Help much appreciated.
  3. Ten percent of all court fines relate to using a TV without a valid licence. It is a sad fact that the vast majority of people who receive a visit from a TV Licence Enquiry Agent ignore the summons and the accompanying Means Form. A large percentage of people subject to these fines rely upon state benefits. In almost all cases, the person receiving the summons should respond to plead guilty. In doing so, 'credit' will be credit (which will be a reduction in the standard fine). Secondly....it is vitally important to complete the Means Enquiry Form (as outlined below). The following is a copy of an excellent post by a Magistrate that featured on a 'blog' today: "Went in to Court today to fill a gap in the rota. I found myself in a non-CPS court dealing with TV licensing offences, and local authority Council Tax cases arising from non-payment of the tax. http://magistratesblog.blogspot.co.uk/2015/12/this-isnt-what-i-signed-up-for-three.html
  4. Hi there I took my (hitherto good condition) car into Kwik-Fit for a major service (£160) on the 6th of May. It is an older car, 2002 Ford Focus with 100k miles, so not worth a massive amount of money. The service was carried out, and no issues were flagged up about the car's engine or performance (just some comments on the tires, a bit of rust on the exhaust, and one of the seatbelts), so I drove away quite happily. Upon picking up the car, it seemed a little juddery to drive, but I thought this would smoothen out as I thought it may be the engine getting used to the new oil or sparkplugs. Since the service record specifically states that a test drive had been carried out, I assumed this had been observed by the staff and was therefore considered normal. Over the next few days the juddering got worse and then, come Monday the 11th of May, the car would barely drive (constant stalling, very little power when accelerating, constant juddering and lurching of the entire car). First thing on Tuesday the 12th I took the car back in to the branch to be looked at and to be repaired as obviously they had caused these problems during the service. They had to call in their Master Technician to look at it as they could not pin down the issue. After a few hours I phoned to check in and I was informed that the car was basically a pile of rubbish and was throwing out error codes left, right and centre, and had potentially serious engine problems. And, lo and behold, since picking it up after work the car is performing *even* worse, still juddering constantly, but now also revving constantly between 2000 and 4000 revs even when idle. The car was driving nicely before the service, and then completely failed after Kwik Fit staff had their hands on it. The car passed its MOT just a few weeks ago and the service report given to me on the day of the service gave it mechanically a clean bill of health. The report also specifically states that no diagnostic fault codes were found. That same day the terrible engine judder began and it all went downhill from there. Clearly something has gone very wrong during the service. I sent a written complaint by both email and through the form on their website on the 12th of May and have, up to now, heard absolutely *nothing* back from Kwik Fit (not even a confirmation that it's being looked into). I find this utterly ridiculous as I am completely without a vehicle as a result of whatever they've done to the car. I really don't want to phone them as I want to keep everything, at least at the first point of contact, in writing. I think it's only right that they repair my car to an acceptable, drivable condition considering the damage they have caused. I would also expect my service fee refunded however getting the car fixed and back on the road is more important. Just don't know what to do next!
  5. My contract is an AST. The tenancy started on 30/09/2013 and ended on 29/09/2014 as per contract. 2160 pounds paid as deposit at the beginning. An inventory report was apparently taken at the beginning of the tenancy, however it was not signed by me and was not provided to me until 25 days after my move in date. The deposit is held on a TDS. Now to my problems: The contract specifies that " The agent must tell the tenants within 10 working days of the end of the tenancy if they propose to make any deductions from the deposit". The 10 working days deadline has obviously passed but I have not heard back from the agent nor the landlord. I finally managed to get in touch with the agent on Friday 24th of October and was only told that he is waiting for instructions from the landlord and he neglected to answer my question regarding them being in breach of contract. 1) Are they legally still allowed to make any deductions to my deposit considering the deadline for doing so is passed? 2) My communications are through scanned letters emailed to the agent and phone calls to their office. Are these sufficient enough should the issue come to any legal actions? 3) What is the penalty for breaching this term of the agreement? Another point here is that according to the contract " if the tenant intends to dispute any of the deductions, should inform the agent in writing within 30 days after the termination of the tenancy. Failure to comply with this time limit is a breach as rule of TDS". 4) What action should I take now considering how they are not giving me any sufficient information, time frames etc? Deadline for my possible dispute is on 29th of October. And the last point of my inquiry is regarding the inventory check in/check out reports. As I mentioned an Inventory check in report was provided to me 25 days after the start of my tenancy and I was never asked to sign it. Per contract, a check out report was also taken that was paid by me and was arranged through the agency. The quality of these two reports are incomparable! The check in report rarely mentions any details and does not include any photos while the check out report is stating every single bit of deficiency and includes loads of photos and the smallest details. 5) Is this a valid basis of argument for any possible dispute? 6) Can I deny the applicability of the check in report considering everything I just mentioned? Your input is very much appreciated. I apologies if this is too wordy.
  6. Should correspondence to Creditors and or DCA be sent "Signed for" or "Recorded Delivery"
  7. Hi all. I have been unemployed for almost 12 months, and have finally been offered a job. Obviously, I had to supply two referees, one of which was my former employer and the other was the manager of a day service for people with Cerebral Palsy, where I have been volunteering for the past 8 months. The problem is, my former boss has not responded to the reference request. I know employers are not legally obliged to give references, but I'm really really worried that having only one reference will jeopardise my chances. The reference they have received, from the manager at the place I volunteer, WILL be an excellent reference, I know. I've been working there, unpaid, 3 days a week, for 8 months and I know I've done a good job there. Do you think my future employers will accept me on just this reference? It's more recent than my last employment anyway, as I left in August 2011. The terms of me leaving my last job - I left of my own accord, because I wasn't happy there. But my boss had issues with my teamwork apparently, although nothing was ever said to me at the time. I was told specifically, when I left, that he wouldn't mess up my chances and would be prepared to supply me with a reference. I'm really really concerned, because I desperately need and want this job. I have one good reference, and I can supply character references or go back further, but I'm just really stressing out now. Any advice would be greatly appreciated. Many thanks in advance.
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