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Found 30 results

  1. What defendant address should be used on Small Claims form in deposit dispute case where the landlord/landlady lives abroad? That is what address to use in the case of non-resident landlord, without any remaining property, or any other address in UK? In the end I put the rented property address because it was the Landlord last known UK address. I also put the Letting Agency as joint defendant as the deposit money are in their safekeeping but they refuse to release it unless court orders them to do. I used the rented Property address because: 1) the Landlord used to live in the Property before they moved abroad; it was their last UK address 2) the Landlord used the Property address as their postal address while we were living there, their UK bank account was still registered on this address; we used to forward their post regularly as we were requested to do, this also included post from the Landlord’s bank. 3) the Landlord took ownership of the Property when we moved out. The Landlord then redeveloped the Property, advertised it and eventually sold it (couple of months ago). 4) The house has new occupiers and the Landlord may or may not arranged post forwarding. However: 1) The Landlord address on the Tenancy Agreement was their overseas address. We were requested to forward their post there. (it’s an EU country very close to the UK) 2) It has been nearly 2 months and there is no acknowledgement, no communication, from the Landlord. The only activity is from Letting Agency lawyer. From them I have received this helpful information: “checked with the Court … [first defendant] has not acknowledged service of the Particulars of Claim and no Solicitors have gone on the record as acting for them” and “..[defendant] may argue that the Claim Form and Particulars of Claim were not properly served upon them, if the address for service you used was incorrect”. I am aware that court summons cannot be served to a foreign address. Is there anything better I could have done, anything can still do, to help serve properly Claim Form and Particulars of Claim to the defendant? I want the Landlord to be informed and get them chance to defend. They had of course perfect chance to do that using TDS arbitration but the Landlord refused; due to their inactivity the 3 month deadline expired and TDS require consent of both parties, but the Landlord’s was unable to obtain. Can one provide an additional, forwarding address, to the court? Is there a form for that? Would it help if I sent email to the Landlord? With what? The whole Claim + Particulars? The deposit was initially protected by TDS (Tenancy Deposit Scheme) but some time before the end of our tenancy the letting agency (was) “de-registered” with TDS and in a letter from them to me they claimed to: “..[the Letting Agent from now to] undertake full responsibility for the return of your deposit”. That is why the deposit money are with the Letting Agency. They however refuse to release the deposit until, as I’ve said, “agreement is reached between me and the Landlord”, that is hardly to happen as the Landlord has absolutely no motivation to do anything; or by court order. But if the Landlord cannot be properly served there is not much chance to get that one too. It’s total Catch XXII! The only VERY active party is the Letting Agent. Mainly covering their own back. No interest in justice, of course! Instead they hired lawyers, evidently much more expensive then I did, and their only interest is to be dropped from the case; threatening me with legal costs if I voluntary does not drop my claim against them. Corey
  2. At the start of the year we had a new bathroom fitted. We purchased all the furnishings so the quote was for labour only. Due to my wife being allergic to dust it was agreed that the fitting would take place whilst we was on holiday. 75% of the labour charge has been paid to him to date On our return home we was shocked to see our new bathroom. The quality of work in our opinion is below standard, fittings haven't been fitted correctly, damaged has occured to several furnishings, we have had a leak going through our living room ceiling and a second leak on the outside wall due to incorrect exterior pipe work being fitted. The bathroom is dangerous in parts. The fitter says he doesn't have personal liability insurance and was too busy to come back for a while to deal with any of the issues. Several months on we are still in the same position. The fitter believes his work is to a high standard. He admits breaking fittings and admits parts of the bathroom are dangerous but thinks the 25% remainder of the balance will cover it, but it doesn't. We have had 8 different companies come to look at the bathroom and everyone of them says it isn't fitted correctly and the bathroom needs pulling out and starting again. I have had no choice but to take this matter to a small claims court. Initially the fitter replied to us when I made our intentions known and said he was willing to resolve issues and the reason for not being able to contact him for 6 months is because he had phone problems. I believe he was deliberately avoiding us. When I have told him about the leaks etc he has said he is happy to proceed down the small claims court route. I am wanting an independent assessor to come take a look at the bathroom and provide me with a report that will support my claim. How do I go about this? Thanks in advance for any help
  3. Dear All I would like some advice upon whether to pursue a claim for compensation against BT. Briefly back in February I accepted an offer to transfer my phone line and broadband from Virgin Media to BT. As part of my original acceptance of BT's offer I had paid a year line rental upfront at the time of order. Within a couple of days Virgin Media persuaded me to stay by dramatically reducing my monthly payments significantly below what BT had offered. I then followed BT's procedures and cancelled the order, well within the 14 days "cooling off" period. As by end of May I had still received no refund despite speaking to BT's telephone "support" line several times I prepared and sent via recorded delivery the letter below. On 7th June I received a call from Oliver at BT in response to my letter. In short he told me that BT had no obligation and therefore no intention of compensating me for anything but the original annual rental, but he conceded that he could authorise an ad-hoc payment of 15.00 pounds by way of apology that the situation had not yet been resolved. I replied I found that unacceptable and I reserved the right to pursue a claim via the court procedures mentioned in my letter. He said that he could do no more and would escalate my complaint to his manager. Later that day I received the email below. On my return from holiday on 23rd June I had received the Final bill below. At this point, 24th June I have received neither a refund by cheque nor one via my credit card of the annual line rental payment. My question to the group is: All contributions and advice gratefully received. 2016 06 07 - VOL013-122500421722.pdf 2016 05 17 - Claim for compensation etc.pdf 2016 06 08 - Final Bill.pdf
  4. Hi, I have searched the forums for a couple of hours trying to get my head around the next step to take in reference to my letter titled: "Notice of Allocation to the Small Claims Track (Hearing)". Copy of letter [ATTACH=CONFIG]59738[/ATTACH] The case is regarding a landlord who took close to 2,000GBP without a signed contract in place and refused to refund my money. I never received the room or anything in return. Question I have (Sorry if they seem obvious, I haven't been to court before and I have searched for a while trying to find the answers) 1) Is this called a "Court Bundle"? 2) Do I send EVERYTHING to Edmonton Court AND my landlord who is the defendant? (I actually send all my evidence to the defendant? Witness statements and everything?) 3) What is typically included in this scenario (Court bundle?)? Are there any templates online for any of these documents? 4) I have incurred extra fees leading up to the hearing, how do I add this to the amount of attempting to claim? Is it possible? I have so far... - I have two witness statements (They are kinda just letters stating what happened; signed by the witness, nothing special) - A copy of my bank statement and an event log (The event log is what happened in my own words with times and dates) - The original contract (It has been signed by me, but not my wife, who was the TO-BE dual tenant). This contract never changed hands back to the landlord. Should I bring it? - I opened an original MCOL claim after the landlord provided me with false information regarding his name and address. I was told I couldn't proceed and had to open a new MCOL with his correct information. I spent £80 on doing this and wasted a lot of time. Should I include this? - I also found a lot of information online regarding the landlord, very bad posts on forums of very questionable nature (Like ripping off the UK government and terrorism). Is it worth including anything like this? or just leave it alone? Sorry if this seems obvious to the training eye, but I hope the comments also help others in my situation. Thank you
  5. Hello everyone and apologies for the long post. I have dual fuel from E.ON and was recently forced to move home. I called E.ON and informed them of the move, thinking that my tariff was going to move with me. When I received the first bill at the new address I discovered that I had been put on their standard tariff without any warning. I called E.ON to complain and ask to be put back on the tariff that I had signed up for, but I was told that it's "not possible". Naturally I took my complaint to the energy ombudsman which ,disappointingly, came back with the following: Needless to say I'm unhappy with this. Is there any scope in taking E.ON to small claims court, to force them to credit me with the projected difference between the two tariffs until my contract expires with them? Thank you for reading this far!
  6. Hi all, Many many thanks for taking the time to read and hopefully help. I found a previous thread posted by someone else and the advice within it was great so I thought I'd ask for your opinions, help and advice. I found a car on eBay a couple of weeks ago, looked good, nice condition and so on 'engine as sweet as a nut' was one of the comments. I won the auction and arranged to travel to Birmingham to pick it up. The listing was then removed from eBay, I had set up a new account, was trying to sell my car as well and eBay suspended the account due to wanting evidence I owned the car. I mention that as it's proving difficult to get the original listing details, live chat with them last night ended up in requiring a solicitor write to their legal team however... I went to Brimingham to meet the seller who at the time I thought was private, I get there and it's a trader called TRT Engine Importers LTD. I look at the car, go for a drive and all seems well. 70k miles and they tell me they've just serviced it. The engine being worth £3000 alone and how it was in good condition was mentioned a few times. Although, when I got there the guy I had been dealing with 'bob' wasn't there, he sent a message saying he was in hospital and that 'rav' would complete the sale. I was a touch edgy and wanted a reciept and so on. It did seem like a semi professional place. I handed over the cash, got a receipt on letter headed paper from TRT (They were also registered keepers of vehicle on V5) and drove away. A couple of hours later the engine started tapping, something fell off, tons of smoke and that was the end of that adventure. I pulled over, oil everywhere, even up the back of the car. Engine was unresponsive and I had to call breakdown to recover the car. I hadn't actually made it home yet, 4 miles away -.- The breakdown guy didn't want to comment, we took it to Kwik Fit, not the best place but I was out of options, my garage was shut and if I took it home I then had no way of getting it to a garage. The mechanic / boss at KwikFit had a look and refused the work saying it was beyond their capabilities. He referred us to an Engine Specialist Centre and thats where we left the car. It was shut so it's patiently sitting on their forecourt, I will be speaking to them today asking for diagnosis and quotes. I've sent 'Bob' a message explaining what happened, he asked to be updated shortly after the car broke down adn I've heard nothing else since. I've since sent hima nother message asking for a refund and again waiting on a r eply. I did some digging around on the web to try and get as much info as I could. The seller name on eBay is MRNS ARORA, Google ties a Mr Narninder Singh Arora as being a director of TRT. A similar search for TRT and Bob finds a Bob Andrews to also be a Director of TRT. I found addresses for both and the contact details match up. I intend on sending my 'official' letter to the address of TRT, the address of both previously mentioned and by email to all as well. I expect I won't get a response, I expect it will go through a small claims court and I suspect they won't make an appearance. I'm not saying they knew the engine was a dud but I do still think I'm covered. My main concern is them not paying and waiting for the next steps. The car was 3600, pretty much my savings, I've already arrange to sell my car on Tuesday and can;t really afford to be without a car for months. I will of course manage but is there a way to speed this whole process up? Can anyone offer any similar experiences, help or advice please? Many thanks for your time.
  7. 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 done for (my name) was according to his specifications. He expressed satisfaction at the time. The damage was caused by weather conditions (torrential rain) six months later. He hasn't ticked any boxes asking what information he will be relying on, but in the next box it says: See box 3. In addition to the torrential rain the entire country suffered damage due to exceptionally high winds as recorded at the met office. As far as I can see, he can ask for set aside if he doesn't owe the money. My question is, what do we need to submit to the court? All the evidence we have already submitted as part of our application, or a statement saying that the damage wasn't due to the weather (we have an independent report on the poor construction of the fence. ) Thanks Confused little Tootles!
  8. Morning all, Apologies for the long post but I am desperately seeking some help/advice from those of you in the know about SCC and DCAs. I have been attempting to defend a claim with Arrow for an old MINT credit card which I have but think I may have shot myself in the foot and wondered if there's any way I can come back. Unfortunately, I buried my head in the sand regarding quite a few debt issues I had in my teens/early twenties so don't have the original paperwork for any of this. I will give a brief summary of the events so far:- 5th February 2014 - I received a claim form from Northampton County Court Bulk Centre with the claimant Arrow Global stating the following particulars of claim:- "The claimant claim is for £1401 being monies due from the Defendant to the Claimant in respect of a regulated credit card agreement between the Defendant and the Royal Bank of Scotland (card number XXXXXX) and assigned to the claimant on 15/12/2010, notice of which has been provided to the Defendant. The Defendant has failed to make payment in accordance with the agreement and a default notice has been served pursuant to the consumer credit Act 1974. The Claimant claims the sum of £1401.00." 6th February 2014 - I sent an SAR request to MINT (RBS), CPR and CCA to Arrow, all letters were all sent recorded delivery and received on 10th February. 1st March 2014 - I submitted an embarrassed defence (I know now that there are several mistakes in this) as I hadn't received any of the requested documentation. My defence was as follow:- 1. I neither deny nor admit to any indebtness to the claimant. 2. I sent the claimant a CCA request in accordance with s.77/78, requesting a true copy of the credit agreement, along with any other documentation that the Act requires. 3. The claimant received the request on 10/02/2014. 4. As of 03/03/2014, the claimant has not supplied the requested documentation. 4. A SAR request, in line with the Freedom of Information Act was sent to Royal Bank of Scotland. 5. Royal Bank of Scotland received the request on 10/02/2014. 6. As of 01/03/2014, Royal Bank of Scotland have not provided me with the requested documentation. 7. No Notice of Assignment has been received which would prove the Claimant's right to bring this action. 8. Without the requested documents I am unable to submit a fully particularised defence and the Defendant is embarrassed. 9. The Defendant also asks permission to submit an amended defence if the Claimant supplies the requested documentation. 4th April 2014 - letter from Arrow stating that my embarrassed defence on the basis of a document request does not form a valid defence and that they believe this to be an abuse of the process. In their letter they state that £40 was credited to the account on 5th August 2009. They have also enclosed a document stating that Wilkin Champman (their solicitor) has ceased to act for them and they will be acting in person, as well as a letter dated 18th March 2011 stating that RBS has assigned all of its respective rights, title and interest to Global. I am under the belief that I have not made any form of payment in relation to this debt in a long time (possibly more than the 6 years required for a debt to be SB) and I've checked my bank statements as far back as 2007 but can't see any record of payments to Mint during this time. When I spoke with MINT recently they claimed that a payment was made in July 2011, but they said they couldn't tell me more as the debt was now owned by Arrow. I have checked my credit report with Noddle and can't see anything on there relating to MINT/Arrow. Arrow want me to withdraw my defence which has worried me as I'm not sure what to do now. As it stands, RBS have told me that I may have my SAR request back by the end of April (the woman on the phone actually admitted that they were regularly breaching the time frame set) and I have still not received a response from Arrow regarding my CCA request. As you can probably tell. I am in a right muddle and am really hoping that someone may be able to help me with this. If you need any further information from me, please ask. Thanks in advance for your help.
  9. I will try and be succinct, promise! Please ignore issue of eligibility for repayment/compensation, as Lloyds have already accepted this. I initially contacted Lloyds in October '13 asking if I'd had PPI as I simply couldn't remember. That's my bad, I know, but I'm not good now with long term memory. They acknowledged receipt and said they'd look into it and I heard from them on the phone once when they called and asked lots of questions about what my credit card was for, etc. At the end of November with an offer of £630. They said that due to passage of time they no longer had detailed records, but that their offer was "equal to the average compensatory payment taking into account the period during which you held the credit card and were paying for your PPI cover". It did NOT say how long that period was, so I couldn't work out what the offer represented per month. The letter included examples of how refund calculations worked, but none of the examples were of any use to my circumstance because they all dealt with known figures of payment. Their letter had a phone number, which turned out to be a call centre in the Philippines. I called and said that if only they'd told me they didn't have any records, I could have given them some help with that, so could I please speak to the department that had made my offer. The call centre said they could not put me through as that department had no incoming phone lines (yeah, right) but that they could 'escalate' my claim. Escalation apparently involves them writing notes on my file that I'd called, which the department who calculated offers could read, and who'd then consider what I'd said. It didn't seem very sensible to filter all communications via a third party, especially one who's first language wasn't English, so I asked how else I might communicate directly with the relevant department, but was told this was the only route available. I asked when I had started paying PPI. They didn't know, because the only information they had access to was the letter that had been written to me, and that didn't have that information in it. Well obviously not, otherwise I wouldn't have needed to ask, would I? I asked how many months I had been paying PPI, and again they didn't know, but they would 'escalate' it for me. I asked if escalation would mean that whoever was reading the notes would call me so I could ask them my questions, but the call centre said they did not know whether anyone would call me back. Frustrated, I asked them what questions they COULD answer, but the irony went over their heads. They could do no more than confirm what had been written to me, and take note of whatever I said and put that on my record where someone else might read it at some other time. I said that I could not possibly be in a position to decide whether the offer was fair if I could not get certain information about it, so I really did need to speak to the department that they appeared to be a firewall for. I asked for an email address for the right department, and after much argument was given one. I sent a detailed letter explaining the questions I had, including the ones I'd asked above, and also asked how the 'average' had been calculated. There's another hole in my memory here – at some point before I wrote to them I got the information that I had paid PPI from May 2002 to March 2005, but I can't remember now them giving that to me. They had initially said they couldn't get that info, but somehow or other I have those dates now on a scrappad. By some miracle, I found a statement from March 2005, which showed a payment that month of £47 PPI against a balance of approx. £6,100. I said that I did not remember this period, but that I did know that I couldn't possibly have cleared such a large balance quickly and it would take many months to clear down such a large balance, so it was reasonable to believe that I'd be paying that off for a considerable period and on each payment making further PPI payments too. The statement showed the previous months balance as being in line with that month, so I was able to work out that months PPI payment too. I said that I would expect, but had no genuine knowledge one way or the other, that it would have taken me quite some time to build up an outstanding balance of just a few pounds under the credit limit which was shown at £6,250, so again it was reasonable to assume that I'd been making PPI payments on cumulative balances leading up to the month for the statement I had. With the two known figures for PPI, March which was shown and February's that I calculated from the carried over outstanding balance, I got an average of £40 per month paid. If I were to assume that this was a representative figure over the lifetime of the PPI contributions, that would equate to £1400 paid. That's without the interest at 8% as Lloyds said, purely because I don't know how to work that out cumulatively and until when. I know its a huge assumption to say that the payment I did know is representative, but at least its a figure from MY account rather than an average of other peoples which is how Lloyds want to work out my offer. Finally I asked that someone from that department actually call me on the phone, so that we could resolve any questions between us easily, and complained that Lloyds were effectively preventing me from speaking to them which I found to be inequitable given that they regularly insist on me providing methods of them communicating with me. I emailed that off to them, and promptly got it straight back – the server at Lloyds had bounced the email because the address didn't exist. Somewhat annoyed, I called the Philippines again and complained that the address they'd provided didn't work and insisted that I speak to someone in the claims management department in England, but they still refused to give me anything other than an 'escalation' note on my file. I sent the letter to the PO box address instead, and three weeks later got a letter from them. With baited breath I opened it, and discovered it was nothing but an acknowledgement that I'd written to them. I did phone the Philippines several more times over coming weeks, asking when something would happen. They replied that they didn't know, but that they'd 'escalate' my question, and someone may or may not phone me but that it would certainly be considered. Each time I called I had to go through the routine of confirming a number they could reach me on, despite them not ringing me on it. I went in to my branch and threw a paddy there that all I was asking was the courtesy of a return phone call, and after an unpleasant hour they came back and said they didn't know how to get someone to talk to me either but that there was no point in visiting the branch again. This Friday I had my regular frustrating call to the Philippines and got a different answer – I had been written back to, and the following day the letter duly arrived. It contained an offer, of £8. This time though, it said that a breakdown of the offer was made according to my cards. On one of the four cards I'd had with Lloyds, my card balance at 14 March 2011 was apparently zero. What relevance the 14 March date had wasn't mentioned. It did say that, if I'd not purchased PPI, my balance on that day on that card would be -£449.16. It did not say how it would be that amount, just that it would be that figure. An 8% interest calculation of £188.57 was added to 28 February 2014. The total of those figures wasn't shown, but it adds up to £637.73, leaving, according to them, £8.78 owing which they'd pay into my account. No mention was made of any of the issues I raised in my letter, or of the statement of the period that I'd provided. No mention was made of how they'd managed to find my actual payment details now, when they hadn't managed this when they made their original offer. No mention was made of the remaining three credit cards. In short, it is my firm belief that Lloyds are lying to me. Their statement about £449.16 being paid in premiums cannot be true, given that it equates to less than ten months premiums equivalent to the one month we do know, and my knowledge that such a sum would have taken a long time to both build up and be repaid. Dividing their offer (before interest) up over the 35 months they say I paid PPI comes to £12.77 per month and I believe I paid a lot more than this. I'm also very suspicious that Lloyds now appear to have found my records, but don't include them in their letter. I don't believe they HAVE found them. So, what to do now. I can ring the Philippines, where they'll happily 'escalate' my argument. That escalation doesn't mean in and of itself that someone will ever contact me, and I could happily wait from now until the end of time for a response which may not come. I could go into my branch again, but they happily admit they have no knowledge of how to reach the relevant people. I could write to them at the PO box address, but since they ignored entirely the content of my previous letter I'm not exactly hopeful of a positive outcome on a second try. I could complain to the Ombudsman, which has the satisfaction of knowing that there is a cost to Lloyds for the service, but I don't know exactly what I'm asking for. It is entirely possible that in a single conversation on the phone with Lloyds they could reassure me that their figures are correct, fair, and most importantly demonstrable, but they steadfastly refuse to do this. I won't go into here why they upheld my complaint but it is fair to say that they acknowledge misselling it to me, so why is it that I can't be afforded the simple courtesy of a phone call. I'll even pay for it, if they'd give me a number to reach. If, as a result of that call, we agree that Lloyds have got it right, the matter is closed, and if we agree that they've got it wrong, we can work out to what number and pay it to me. Since I can't ask the Ombudsman to force Lloyds to ring me, I don't really think that's what I'm looking for. I think I've been shabbily treated by an organisation that has admitted they took money from me that they shouldn't have done, and what I'd really like to do is sue them in the small claims court. I'd like to sue for £1400 as the figure I believe I have paid, the interest to date on that, an amount of hours at the allowable rate to compile the case, and exemplary damages for the avoidable inconvenience and stress Lloyds have put me to in not working together to resolve the issue without recourse to external parties. What I'm looking for here is constructive criticism on the above. We can leave aside the argument of eligibility since that's previously resolved, but am I being stupid/ungrateful/stubborn in not just taking the offer, or is it fair that I should have some faith in its integrity? My sincere and genuine thanks to anyone having read this far!
  10. Hi i wonder if you wonderful people would be able to help, my legal knowledge does not stretch this far. Last year we were sued by a customer in the small claims court which we lost.We had a date with which we were supposed to pay the claimant but he avoided our payment. I informed the court on every level and wrote and called them several times to inform them we had tried to pay. Eventually it went back to court and the judge said we had to pay within 7 days, we were given bank details and paid the amount. In the original case the judge said that when payment was made we were allowed to recover our property.(this was why the claimant delayed us paying). The claimant informed the judge that he had disposed of our property and the judge said we would have to take him back to court to recover the costs of the property. This being less than 5000 pounds. I applied to the small claims court and filed the relevant documentation. I asked for the case to be heard in the small claims court where the costs are smaller and the original case was heard, but they have allocated it to fast track and the costs are so much more. Sorry to beat around the bush, but i was wondering if any one new how i can change from fast track to small claims. Many thanks for any help
  11. Hiya, I was wondering if anyone knows whether the Scottish legal system allows for you to lodge a small claims by sending all the relevant documentation by post rather than going to the Sheriff Court in person? Thanks in advance.
  12. Hello all I am not sure I can be helped here but any advice would be great please. I am a shareholder/leaseholder of a flat in a block of seven. The ltd company is limited by shares and right now has just one director. who's flat is directly beneath mine. In January 2013, while my flat had been empty for a month or two while I was working away, there was a leak which damaged the ceiling below and the cost of repairs came in at around £1,500 which I paid from my own pocket. A month or so later, it emerged that the damage may well not have been caused by my flat but as a result of issues with the fabric of the building and so, had this been known at the time, the director should have made an insurance claim and I would not have been involved. I have contacted the director several times in a polite way to explain the above and have asked for the details of the insurance company at the time. (It is now another insurance company) so I could make a claim direct. Or that he refund me the monies I paid him. He had responded to none of my letters or emails and not collected 3 recorded delivery letters. I feel I should maybe make a claim via small claims but am unsure if this is the best step, and if there is an alternative? Could someone lend a hand please? Thanks
  13. Hi people just thought I would ask what you think of this. on 10/10/2011 I bought a clio 2001 from a guy in auto trader advert said he was a trader car was not sold as seen or anything anyway I went to se car and he took me around block in it seamed ok.I had a car that i was going to scrap but it had mot and tax so he said I wuld take your car off you he wasn't interested in even looking at the car. I paid him cash and give my car in he said ill deliver it anyway next day I went to use car and warning light started to flash people were saying take it back but silly me didn't.Even eight people said so I have lots of witnesses too anyway have tried everything but looks like its the head gasket Looks like this guy knew all a long what he sold me and he even sold mica or tried to for over 500 pounds even though it should have been scrapped. I dont think that there is anything that I can do now but just thought I would ask anyway I know I have done a daft thing Thanks for your time in reading this guys/gals
  14. Hi, I really hope someone is able to help me! My mum took out a new contract with Vodafone in November 2011 and a few months into the contract she started having problems with the handset. She followed the normal process and took the handset back to the store and they tried fixing the phone by resetting and updating firmware etc, however she was still getting problems with the handset. The handset was then sent off for repair, but yet again it still didn't fix the problems. Whilst all of this was going on my mum was diagnosed with Cancer and had to have major surgery followed by recovery time and 6 months worth of Chemotherapy. Whilst in hospital and during recovery she still wasn't able to use the phone properly due to it crashing and turning itself off etc. During her treatment me, my mum and other family members kept taking the phone back to the store. My mum has had the phone repaired by the store 3 times and sent away for repair 3 times but it's still not fixed. My mum was getting very stressed out with phone and rather annoyed that she was paying for something that she could not use, therefore Vodafone said that they would exchange it for the same make and model phone. Due to all the problems she had already had with the phone and the reviews that they have since read about the handset she said she would refuse to have the same phone. Myself and my dad contacted Vodafone during my mums treatment and asked if we could be added to the account so that we could deal with this on her behalf, after all she was already very stressed and unwell as it was. They added us to the account and since then i have had several telephone conversations with them. After many hours and days on the telephone, Vodafone eventually offered to exchange the phone to a different make and model but only gave us a selection, all of which weren't suitable due to either small screens of small buttons etc. I looked online and compared other phones with the same price plan my mum was on. I noticed that the iPhone4 had the same price plan but was an extra £1.30 per month with the phone being free. As we knew this was a reliable phone i asked Vodafone if we could exchange it for the iPhone 4 and pay the price increase of £1.30 per month. The telephone assistant said she would have to get it authorised by the manager first, but i then got cut off. Since then i have contacted vodafone several times and spoken to about 3 different people. One said they would need to get approval and check stock availability and for us to call back in 1 week. I called back a week later and another telephone assistant said they they had got manager sign off on the 5th Dec but would need to check stock on the Monday and would call us back. We didn't receive any call on the Monday so i called them back again today. Now they are saying that he has no notes saying an iPhone 4 has been authorised and therefore we could only have one of the ones they had offered us previously!!! I am extremely annoyed and frustrated now. Every time i ask to speak to a manager they are so say in a meeting (convenient) and when i ask to be put on hold and wait for him they say they will get him to call us back within 48 hours. Yet the last time the manager was supposed to call me back he didn't. All i want is to get my mum a suitable/reliable phone so that she can actually use the service she is paying for.......is that too much to ask? I am seriously considering taking Vodafone to a small claims court as this is just disgraceful. There is no way my mum would have been able to spend the amount of time i have going back and forth arguing with Vodafone, it's not only stressing her out, it's stressing me out. We are the customer and we are paying them for a service, we should never have to go through all of this surely? Many Thanks
  15. Hi, I'm after a bit of help regarding a Small Claim I lodged (up here in Scotland) for an implement of an obligation against Dodge (as in the car manufacturer). To cut a long story short they carried out some work via a manufacturers safety recall on my vehicle, which obviously i had no choice about getting done. Part of this was to update the software on the ECU which caused a conflict with the central locking. Basically they admitted the programme wasn't compatible with all models of ECU but wouldn't remove the software because it was part of the safety recall that was carried out. They said the only way to rectify the fault was to change the ECU for a newer model compatible with the software. Dodge refused to pay for this even though it was their fault. After nearlly 10 months of phone calls, arguments etc etc their best offer was to give us £500 towards the cost of a new one, which was rubbish when the part alone is the best part of £800, obviously with fitting costs on the top of that. In August i raised a small claim against them for them to basically fix the car, cover all the costs of this and to pay me compensation for the 10 months of messing about, phone calls etc. The papers were served on them on 30th August, and they received them and signed for them on 31st August as i checked this on the Royal Mail website. The return date for the case was october 6th, but surprise surprise we heard nothing and neither did the Sheriff Court. I.e the defender failed to lodge a response by the return date. As soon as the court opened the following week i took down my form of minute requesting the decree to be served on them because they failed to respond in time. As if by magic, 3 days later - 7 days after the return date i had a phone call from their solicitor saying that they were going to file a late response due to an "administrative error" and apparently they wanted to go to court to defend themselves. My question is, are they allowed to do this? I assume they mean that they will be asking for a recall of the decree on friday when this goes to court? Surely the Sheriff will throw it out because they haven't even actually lodged a defence regardless of whether it was on time or not? All we have got from the solicitor is a copy of their summons with no statement of defence on it other them asking us to quantify the expenses and what we are claiming for. What exactly is the law?
  16. Hi, I used to be with Budget for my Car Insurance. When I first started the cover, I was 'fined' £20 for not returning a form I was never sent. Eventually and after costly phone calls, I got the form, sent it back, but never received the £20 back I was told I would. I recently sent them a letter stating that I wanted £20 plus the cost of calls to them for their mistake. The total was £25.37. I was phoned by someone in their complaints department who promised me the money within a few days. 2 months on, I'm still waiting. I want to send them one more letter before I take this to the small claims court. My question is, can I ask for other things to be added on such as my time and the cost of the letters, or the electricity I have used for computer time etc? The last letter I sent them cost me £1.55, so if I send another one, that would be a total of £3.10 that their actions have cost me (in addition to costly phone calls) in order to get my money back. Can I add this to the total to be paid back? I basically want to send them one last warning letter that if I don't receive my money back plus other costs accrued so far, I will be taking legal action. Thanks in advance
  17. Hi Apologies if Im in the wrong place but going crossed eyed looking at info! I am currently on JSA (Contribution Based) after losing my job 6mths ago, so I would like to know if I can get Legal Aid for taking an ex friend to court? I lent my "best friend" £490 to go on holiday with me nearly 5 years ago. She does not dispute that she owes me this sum and despite promising to pay me back, she still hasn't! She just keeps making excuses and is now ignoring me. I can prove that I paid for the holiday, and have got evidence that i have made repeated requests for payment. Due to my situation I could really do with her paying me back as I am now getting myself into debt and she does know my circumstances. I have now typed up a letter to send to her as a final request for payment either in full or in installments before going to court. Is there a template anywhere that I should use instead? It is not threatening in anyway, it just states the facts and that i am willing to accept either payment in full or in 3 equal monthly installments and with dates and that i require a response within a month. I also would like to know if I could get legal aid if I need to proceed to a small claims court? I have tried finding a legal aid solicitor but although The Law Society Website state that some do provide Legal Aid when I enquire they have all said no to civil cases! I have been to the local CAB but they couldn't really help me either! I just need help! I have looked on loads of websites but Im just getting more and more confused! Many thanks:~)
  18. I have claimed against a property agent for return of my 'non refundable' holding deposit in the small claims court. After mediation, which has failed, I have understood that the agent has three things points that he will make: 1. that I knew it was a non-refundable deposit 2. that he took the property off the market and 'lost' potential clients 3. that when he subsequently let it he had to accept £20 a week less in rent. My points against these are: 1. I paid the deposit by phone, he emailed the receipt which revealed it was non-refundable if I did not take up the tenancy, but refundable (minus admin costs of £100) if he didn't accept me as a tenant. A biased, one-sided contract 2. From the time I paid the deposit, till the time I told him I would have to pull out he lost two business hours…which could not have possibly cost him £500. 3. That he later let it for £20 a week less is nothing to do with me, perhaps it was overpriced and I should have bargained. I have looked at LandlordZone and OFT Guidelines on Pre-contract deposits. I don't think I have a problem with points 1 and 2, but they don't seem to have anything on point 3. Any help would be much appreciated!
  19. We took Halfords to SCC regarding a faulty sat nav purchased 18months ago which they refuse to budge on offering repair/replacement. Halfords PLC issued an acknowledgment of service on 13/12/2011. They still haven't responded as of today which is over the 28days stipulated. I was just wondering, is it OK to request judgement or do I have to wait 28 working days? This has been really dragging on & just want to get it sorted - hence the question. Any advice appreciated. M
  20. Sorry if this is in the wrong section but I have scanned the list to see where it could go, looked like tghis was the closest option. In a massive mess. I stupidly gave my partner thousands of pounds, when we were together to 'look after' (I trusted him, as you do). I was scared I'd spend it. I gave it to him. he knew it was mine and that I was not giving it to him. Now we have broken up and he is heartbroken and resentful and all the rest, he is on drugs and will not give it back, he has also spent half of it. Friends have told me to go to 'the small claims court', but do I have a chance in hell of getting my money back? The money is in his bank account, it was transferred from my bank account, over several transactions. Does anyone know anything about Small claims and a situation like this? I know it's messy, the most stupid thing I have ever done, love eh!? Thank you for your help.
  21. Hi. I've just requested Judgement in a Small Claims Case I have against a Government Department for non-payment of a debt to me. How long should I expect it to take for Judgement to be made and issued through Moneyclaim and Northampton County Court? Agi
  22. Hello I am new to the forum and not sure where to post - did read through - but still not 100% sure. My question relates to taking small claims action after insurance ombudsman has not found in my favour. I think I know what the process is but would be intersted in any view on likely success / court view is ombusman has already said no. Many thanks and happy to re post once I know where The Duke
  23. We agreed to rent a house with a £500 holding deposit based on moving in on a certain date. Just days before the move in date, we called the agency to check all was ok and were told that there was a serious problem. The previous tenants had refused to leave and court papers had been served to get them evicted. This meant that we weren't able to move in. We tried to come to a compromise with the agency about a new date but they were useless at keeping us informed about the progress of the court case and they kept moving the move in date further and further back. As the end of our previous tenancy agreement was very close, we had no choice but to find another property with another agent. The first agent have refused to provide us with our holding deposit back, despite the fact that, through no fault of our own, the tenancy was unable to proceed. Are they right in being able to keep our £500?? Thinking about small claims but I'm not sure how strong the case would be. Help!
  24. I wonder if you can please help me, hope im in the right part of the site. I have been working as a decorator and handy man. I started a job for a company before christmas, they were going to pay me to pain the inside and outside of their offices. In december they gave me a £250 deposit most of which I would use to buy pain and other bits and bobs. I paid for them before the vat went up to save a few pounds. Due to the snow the building work was not finished and so when i was due to start in january i could not. I managed to get another job but after two weeks they were still not ready and then another two weeks later i heard nothing so popped in to make sure. When i got there the guy didnt want ot talk to me and said that he was on his way to a meeting and could i call back. I said that I just wanted to see when i could start the work and he insisted that i go. The next day he phoned and said that there had been a 'change of plan' and could I just drop the deposit money back to him when i was passing. i said that this was out of order and that I had shelled out for paint and had been waiting to do the job. Today I received a letter on their headed paper sent by recorded delivery saying that i would be taken to the small claims court if I didnt send back the money within 7 days. Sorry that this is long winded!!! Anyway, can someone ask for their deposit back? Do I have a leg to stand on? I think that he is bang out of order but I have only started out on my own recently and this is the sort of thing that makes me want to give up. Thanks.
  25. Hi guys, This is the issue: I put my car up for auction on eBay, and it 'sold'. However, the winning bidder failed to pay or make contact after issuing several invoices and emails. After a few days another eBay member (with only a few ratings/transactions, all purchases) stated that he had an emergency during the final hour of the auction and never got to place his intended bid. If the sale fell through could he make an offer. I said if the winner continued in failing to go through with his contractual obligation that I would relist the car with bin (at the previous sale price) and let him know so he could have "first dibs", so to speak. He replied stating that he couldn't afford the final sale price but would keep it in mind incase I wished to sell it for less or he had a change of heart. The winning bidder then got in touch stating that he never placed the bid, and that someone must have placed the bid using his account as he forgot to log off his eBay account when using a public computer. He'll ask around but doesn't hold any hope, "sorry, cant help". I informed him of his legal obligations and that it was his responsibility to take reasonable acne basic security steps to protect his account, and that he is fully liable for any account activity where he has not ensured such basic responsibility. I also mentioned that unless he take responsibility for the bid that I may considerd court action, to which he replied that "that would be crazy as court action never works. I would have to be able to prove just who placed the bid, and since it was done in a library, and it wasn't me, this would be impossible. Besides, I have no money" I even stated that because of this, I am facing real costs, of which will not be refunded as this is the second something similar has occurred amd eBay don't refund for a second relisting. I stated the non-refundable costs to me where around £35 and reimbursement of this would be in my mind taking responsibility of his neglect and in such a case I would cancel the transaction,even without filing the non-paying bidder thing. Then the other eBay member, contacted me again stating that he is still interested in purchasing the car, and if the sale has still not taken place could he view it? Looking into this other member, his location is the same as the winning bidder, and his few fb scores where all purchases made from the winning bidder, all for goods purchased at much lower than eBay expected prices (around £5 each for things like laptops, printer etc.). Quite a coincidence wouldn't one surmise? Upon further investigation of the winning bidder, he has sold a lot of mainly Volvo cars (but under the amount required to be listed as a trade seller/business account, most in the condition expected of mot failures, more than a private member would have access to, but he is not listed as a trader/business account holder. During this, he had another car up for auction, another mot failure type car, which 'disappeared' early after my last ma to him (outlining his legal responsibilities, eBay account responsibilities and asking for evidence has filed fraudulent activity on his account, and if he needed evidence support his claim that it could be available through a subject access request to the library where he used his account - asking for cctv and computer log records.) I did a few searches on his listed address and name. His listed address is to a blind and curtain fitting company (that only comes up with that address on the Google listing yellow pages type thing, however all other addresses for the same company come up as being elsewhere and who's company house registered address is not that on the Google listing. He states thaer he has lost his job recently which is why he is selling his car as he can't afford the £700 the garage want to fix the head gasket. However, this is just the type of sale reason he gives for his previous car sale listings (wife wants an up grade, got in p/x don't like, head gasket just went can't afford to get fixed etc...), but in his history he has some cases where he buys parts for some of the cars he later sells at auction.... Now, here are what I have gleaned as being my options: 1. Take it on the chin, block both members from further bidding on any of my items, relist and absorb the costs. 2. Take it on the chin and quit ebay, pulling my info from both ebay and paypal, refusing to pay the fees and face possible action my self. 3. Issue to the small claims for the selling price of the car, plus interest, plus storage (@ around £50 p/day) for 60 days, after which disposing of the vehicle or possibly go through the process of reclaiming the car. 4. Relist the vehicle and issue a claim for the difference in price should the car sell for less, plus costs in fees plus interest. 5. ?? What do you guys think? Any advice or anyone with actual experience in this kind of thing? I haven't yet closed the open unpaid item case wiry eBay yet as to leave my options open.
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