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Found 257 results

  1. Hi, Ive read a few of the posts on the forum before registering and after seeing the sound advice given out I was hoping I could just pinch some knowledge off whoever maybe helpful enough to assist my situation. So I’m submitting my small claims court document online tomorrow, it’s all filled out ready to go but I wanted some advice on what I can claim for and to what amounts. I’ll try to keep this brief. I purchased a car in October for £2000. The car had high mileage at 130k but seemed a good vehicle for me to get to work and back. It had a full service history, lots of receipts and drove fine so was happy to transfer the cash. The very following day on way to work it went into limp mode but on restart it would come out of it, I contacted the dealer who said I could bring it in and he would sort it. I took the car to him and the faults were cleared from the diagnostics and he said hopefully that will be the end of that and sent me on my way (I know, he fobbed me off). A full month later, whilst driving, the car made an almighty sound and grounded to a halt. Again the garage said to send it down and he would sort it. I got it sent to him and had very poor contact from him for the next week. When he eventually told me the issue that the cambelt had snapped, his previous helpful self went as well. Cue a month of going back and forth, him wanting me to pay money towards the fix and me taking advice from citizens advice giving him all the options I was entitled to. He refused all options and when I told him I was seeking legal advice, he totally shut down and asked for it all in writing to which I duly obliged. So tomorrow is 28 days since I sent my letter to him advising him that I was taking him to small claims and I haven’t received anything at all from him. He has my car, my money and I’ve offered him every option but he’s completely refused. My question is, I have put in the price of the car at £2000 and the towing price at £70 but in the meantime he created hell for me without my vehicle, should I be claiming for more? The main thing is I’ve had to go and finance another vehicle, I’ve had to keep paying the tax and insurance as the car is parked outside his garage. Also the amount of personal things like hospital appointments, school runs etc I had to re arrange in that time was a right pain in the backside. I don’t want to put too much in, in all honesty if I got my money back I’d be over the moon but I feel like I should be entitled to more after how he’s handled this and what I’ve had to deal with. Sorry for such a long message and thanks in advance to anyone who chooses to help.
  2. Hi I would like some advice please. I owed the freeholders of my lease some service charges that were a total of 436.62. In mid Aug I telephoned them and they demanded I pay in full immediately. I tried to discuss with them some payment plan but they would not accept anything just a demand to pay it all or they will instruct their solicitors. I paid 250.00 by direct debit at the end of Aug. 10 days later in early Sept I receive a letter demanding 436.62 be paid. I called them and told them that their figures were wrong Both they and the freeholders had to check their accounts, they demand I pay the remaining balance of 186.62 or they will ask for interest per day and take me to court. I then receive a credit note in mid Sept for 124.00 balancing for the year. this meant I owed 62.62 in sept In addition around the early part of Sept they sent me another service invoice in advance for 105.00 for sept 29 to Dec 24th. now I ow 167.62 I was unwell for the later part of Sept and early Oct. and under the doctor. I didn't pay it with my Sept salary. I am 1700 overdrawn and living in debt that leaves me with no income for food. I am having bowls of cereal for meals. This is just to give you a snap shot Well I was paying the money at the end of this month Oct and paid it under duress today on my account again when I don't get paid till Friday this week The reason is this Saturday I get a money claims letter. They are asking me to pay interest back to March and costs of the court application at 35.00 and for writing a solicitors letter at 50.00 all this on top of their costs. I want to ask you this A. I did not receive any demand letter from the freeholders, only the solicitor in early Sept when their figures and understanding of what I paid was wrong. The company have not liaised with me, only sending me a statement in mid Oct, they have also allocated money I paid of 250.00 on what invoices they wanted leaving the furthest one back as the ones that still need paying for which I believe is so they can gain more interest, but it stands to reason that the money was for the earliest invoices. I don't believe they have given me any chance to negotiate, they write from a solicitor after a payment was made and they are not willing to have any arrangement. The recent invoice in advance and 62.00 was the only thing outstanding and that was only given in Sept. Are there any way behaving correctly I feel like I am being intimidated, I have had a good 6 years with this freeholder and have never missed payments until this year I dont know what to do. I was frightened into this payment but I knew I had to pay it this month anyway. Will I have to pay the court, letter they wrote me when I had paid most of the bills that was wrong and court costs. I can't afford them . I did try to speak to the accounts dept but the person was either not at her desk or I was working, I can't use my phone at work unlike some because I am on a ward and breaks are not heard of where I am it's so busy. Where I say 10 days later I recieve a letter, this was from the freeholders solicitors. Just to clarify now that I have paid the 167.62. Do I contest the charges on the money claims form for the 50.00 they are asking for the solicitors letter that came after payment, the first mention of it was on the money claim form, the interest they are seeking and the court costs of 35.00. I really don't have any money at all. Phew sorry for lengthy text. Thank you Caron
  3. Hello, I have recently been unfortunate enough to experience the bad end of when Hermes loses a parcel. A quick summary: I was returning a phone which was faulty back to Amazon DE for a refund. I had to pay return postage. Amazon said they will refund me up to around EUR 8 for postage. I then got a quote from P2G and the only service which would allow me to not be out of pocket was Hermes International. I put in the parcel details and the value. I did not choose to pay for their additional insurance as it was £30, in fact if I could go back in time I still wouldn't pay extra for their insurance. Some time went by and I still hadn’t received a refund from Amazon so I checked the tracking. It was as follows: [TABLE=class: tracking-data] [TR] [TD]16/01/2019[/TD] [TD]20:17[/TD] [TD]Entered the Hermes network[/TD] [/TR] [TR] [TD]16/01/2019[/TD] [TD]10:29[/TD] [TD]Dropped off at the ParcelShop[/TD] [/TR] [TR] [TD]15/01/2019[/TD] [TD]18:04[/TD] [TD]Order placed [/TD] [/TR] [/TABLE] Nothing after that. I then contacted Hermes who referred me to P2G. After chatting they opened an investigation as the parcel should’ve arrived no later than 24/01/19. I waited about 2 weeks and chased them for an update. Of course the parcel was not found. The next step is for me to submit a claim and supporting documents. They will however only offer me £20 as I didn’t take out the extra insurance. I will not accept that as I will need to recover the full amount of the phone. What is the best course of action for this? Do I need to go through their claim process (even though I know the resolution is not satisfactory) or can I just proceed with a letter of action? I have an idea of the small claims process but any links regarding a letter of action and what needs to be included etc. would be very helpful. Any general advice would also be great. Thanks.
  4. Hi to all. I am going to try and keep this very simple and brief. I was sent a package/gift by my relative. So it was not a online purchase or any of that sort The item was delivered to my apartment complex via Royal Mail signed for service and was received by the concierge who signed for the item and made a log of my parcel and put in a delivery note via my letter box. However when I went to collect my parcel it had disappeared from a secure parcel room. I am not here blaming the concierge stealing the package all I am saying it just disappeared. I spoke to the building management and put in a formal complaint. I contacted the police also who could not do much at this point as no proof of who took the parcel. I wrote endless letters of complaint to the building management company of my apartment complex. Who ignored my complaint s and never responded. I then did a subject access request for the office log sheets containing the acceptance and delivery of my parcel even then they ignored and after my letter to management stating I will make a complaint to the ICO they sent me the documents. I then wrote to the CEO of the company and yet received no response. I had no choice other than to seek financial claim of my missing item via the small claims court. £ under 5000 claim. So The Small Claims court acknowledges my claim and gave until 1st of October for the defender the building management company to acknowledge and put in a defence to my claim. I rang the small courts/money claim centre on the 2nd of October who said they have received no information from the defendant however they are 5 days behind. i had to wait until 7th to find out if they had received any correspondence. I ring up on the 7th and yes they have not received any information. I sent in via email a request for judgment by default on 7th October, received the confirmation email, but again it takes 5 days for it to go through. The judgment by default was sent as the courts had not received any information from the defendant at this point of time. On the 8th of October I received an email from the defendants solicitor stating that there is no contractual relationship between me and the building management, and my particulars of claim are not clear, (I have been extremely clearly in my claim form) and that the claim is misconstrued and vicarious and that the concierge company is separated and are hired separately and in so many words saying it’s not them and trying to shift blame, followed by giving me 2 options, A)discontinue the claim B) agree to an an extension for the defence to allow them a extra 1 month to put in a defence C) And if I do not agree to a or B the building management company would file for a summary judgment strike out as the claim is vicarious. And giving me a 23 hour notice to respond via email only and to seek legal advice. Note I received the email on the 8th at 9pm and was given less than 24 hours to respond via email only by 3pm on the 9th of October. And the defendant will claim between £2500-£3000 In court costs and legal charges etc In a panic and surprise that having not any response up to date and all of a sudden a letter from a solicitor o sort legal advice and was told by my legal team to continue with the judgment by default. On the 14th of October I rang the court and was told the defendant on the 6th of October put in an acknowledgment of service but have until the 15th to put in the defence. So the judgment by default is not valid. But can put in another judgment by default if they don’t receive a defence. That’s the basic of what is going on. Now my question is can the defence claim legal costs via small claims? What advice and help would you suggest. What steps could you suggest I take as I am getting stressed out. Thank you and all response will be appreciated.
  5. Hi,I'm new here. Without mentioning names, I bought car for 5.5k. described as"drives like new", immaculate condition" etc. Within 28days, red EML light come on, had it locally diagnosed as issue with electronic throttle and exhaust pipe seized shut. I immediately notified the trader, who largely ignored me. I consulted mechanics and was told the serious fault and I better be off rejecting it, under CRA 2015. I had written the dealer (independent garage) quoting my reasons to reject the car, gave them two weeks to issue refund, meanwhile I am without a car. They fobbed me off again, did not collect car,did not diagnose nothing. So after two weeks, I sent letter before action via email and recorded delivery. They called back asking me to take the car to nearest garage and if reasonable they'd pay. I did not agree reasonable part however I had to tow the car to another reputable garage for further diagnosis and quote. It came to 900+. After 5 days of issuing the quote, they came back saying too expensive and I should bear all costing to take car to them and they will fix it(towing would cost around 500). I obviously rejected and went ahead with repairs, now asking them to pay the bill or there is a Small claims on their way. Before you comment, please note following reasons I also rejected,apart from the cost of towing, which they asked me to pay. 1) they sold car with the main warranty provider, I did not get the document but all of their cars had their branding all over (approved dealer, 6m warranty) but I found out they lied. I had various dealings with the warranty company, who sent their staff to REMOVE all their branding trafer fraudulently was using. I have confirmation of this . 2) Autotrader reviews - I naively trusted the reviews, more than 50 ,nearly all 5*. Upon my issues, I went through one by one, and realised they are suspicious. After lengthy dealings with AT, they were found that 46 of those(including dealers responses to those great reviews) were fraudulent. Based upon the fact that they left me with no car for a month, lied to me about everything as stated above I could not be expected to trust them to repair anything to the required standard. (They must have cleared all fault codes prior to selling the car!) There are other matters that I cannot comment on due to legal reasons too. My question is : has anyone been in rotelt similar situation and any tips before small claims? TIA
  6. Hi I'm new to all this so I apologise in advance if i've made any mistakes. I had a contract with BT back in 2015 which I wanted to finish early due to the constant slow speeds I was getting after 2 months of being with them. At one point I cancelled my direct debits in protest until they sent an engineer out to have a look at why my internet was so slow. When an engineer was promised to be sent out I called to re-instate my direct debits and was asked which date I wanted them to come out. I asked for the start of the month which was agreed but a few weeks later I had a direct debit come out in the middle of the month. I questioned this and was told they couldn't do a specific date unless I agreed to estimated billing. This was not what I had earlier agreed and they were not willing to do anything about it so for me it was the final straw. I asked if I could end the contract early due to the poor service but was told I would have to pay the remainder off which was over £300. I refused to pay this obviously and was sent various debt collect letters which I ignored stupidly thinking they would eventually give up. Now after all this time I get a letter from the small claims court as Lowell acting of behalf of BT saying they want their £300. I've sent off the acknowledgement but i'm not sure what to do from here, do I defend or do I need to counterclaim? I feel BT were in breach of contract and according to their own terms they would look at ending a contract early due to poor service but I don't feel they ever really considered it. I would really appreciate any help please. Thank you
  7. Evening. First I apologise for literally signing up to the forum and asking advice. I am unsure of what to do next. I am from Northern Ireland (UK), I traveled to the south of England to purchase a car off a small used car dealer on the 26/1/19. He has roughly 14 cars for sale at the minute. It is a 2010 Volvo C30 automatic/powershift. Full history with only 1 previous owner and 50k miles, cost me just over £5k. On the face of it the car it is very well presented, good bodywork, service history etc. 3 month warranty assist 'gold cover'. The first issue was on the 27/01/19. I was back in Northern Ireland at this stage. The steering would lock itself and not unlock, which would not let you start the vehicle. I had to leave the car in a petrol station forecourt and get it recovered later. Warranty company said, take it to any VAT registered garage to get assessed. I got it taken to a local Volvo franchise. I thought then 'perfect time to get the automatic gearbox serviced' as I thought the gearbox was a little jerky and noisy. I left it with Volvo to get a quote for the steering lock fault and a gearbox service that I was happily paying for. Volvo have since told me it needs a new gearbox as there is movement in some shaft that will be likely to fail at anytime. The gearbox alone is £4900 and the steering lock is £500. Warranty have refused to fix either of the faults and the dealer is saying he is only willing to replace the steering lock and the gearbox is still working ok, so it is just general wear and tear. I have not yet got any of these faults fixed as I do not want to keep the car with the gearbox that could let me down at any minute and warranty are not willing to cover it. Is this a genuine reason for rejection?
  8. Hello I hope I can get advice. I took out a secured loan in January 2002 for 8000. I obtained the loan through dial4aloan. The loan was arranged and the lender was endeavour. It appears I also was sold ppi of 1200 added to the loan. Well I am trying to reclaim the ppi. However all organisations are blaming each other for selling it. Dial 4 a loan state they only recommended ppi. Yet the ppi policy is on endeavour paper. Aviva say they have no responsibility either. So what happens when no one will accept responsibility? Thank you
  9. Hello and my first post here and wonder if anyone can help. I work for a small business and we have received a claim form from Northampton CC. The story is a supplier had agreed a special discounted price with us for products, and we had in writing on email. Nine months later we discovered we hadn't been charged correctly, and we calculated the over charge to be £9000. As soon as we pointed out this the supplier immediately changed the pricing back to what was agreed. We also asked for a credit for the over payment, and despite a couple of meetings this was ignored. We also pointed out that last summer we had a price list sent to us confirming the discounted prices - even though there accounts were invoicing ours for the higher price. We were at fault I think as well, as our accounts were paying the higher price invoiced for. As we owed them money anyway we said we would be withholding what we thought was owed and pay the difference, we had always been perfect payers anyway. We tried even to compromise and reach a settlement but the supplier wasn't interested. Low and behold 5 weeks ago we received a letter before action from a debt collection company. We then wrote a full letter with timeline of events including dates etc of emails including pointing out a ex employee of theirs had verified our version. We heard nothing until last week when we received a letter from there debt company and a CC claim on the same day - which surprised us as we thought they would have responded to our letter and timeline first. We want to defend and wonder if we should issue a counter claim back for the amount they are claiming for and what we state we are owed?
  10. I’m looking someone who can help relating to Reeds Rains, a property management company based in Halifax, yorkshire that I used up until October last year and who now appear to have sent me a claims letter demanding £633.90 I realise this is a relatively small sum but i'd like to see if i have any options and not panic and just pay. I left because when i signed with them the contract stated 4 inspections a year, i asked them not to do 4 inspections per year, 1 a year was enough as they're my existing tenants, i've had them a while they'd been great and i trusted them to look after my house. Roll forward 2 years i find out from my tenant that she'd been having to take time off work for 4 inspections every year and was being harassed by reed rains if she didn't reply when they were wanting to arrange them. She doesn't earn a huge amount so taking time off work was difficult and she worked at a hospital so having to sort out cover on shifts. Understandably she was frustrated and got in touch with me They also issued my tenant with a new AST and charged them a fee (which i hadn't realised) so on the 2nd year of being with them, i told reed rains i'd pay the fee for my tenant, count many many emails later from me to them to several people telling them over and over again that i was paying it, they were still harassing my tenants to pay the fee so again, my tenants is left frustrated and upset Responding to their emails and trying clear up their confusion was taking up so much time (and becoming stressful and frustrating for me too), I gave reeds rains 3 months notice (by email and i got a response back from them) and i thought that was that A week ago i found a brown envelope through my letterbox, i was a county claims letter All it says is i owe them £633.90 for a 'withdrawal fee' which i know nothing about, i can't find the contract i signed as remember scanning it and emailing it back to them but i can't find the hard copy Prior to this i don't think i've had any communication (I did have block their emails as kept sending me marketing information (gdpr?) Has anyone been through anything like this or offer any advise at all?
  11. Looking for help with claim against Royal Mail in small claims. They admitted to losing my 'signed for' package, but then failed to reply further or compensate me. Four months afterwards, I issued Small Claims writ and they sent me standard letter and standard cheque for compensation two weeks later. They have put through their defence which from reading other threads is the same they always use, ie: 1. No contract was entered into between parties for the delivery of the parcel (they mention Harold Stephen & Co V's RM 1978 as reference). 2. The defendant has immunity to a claim in tort in respect of the transmission or delivery of post. Saying they cannot be sued in contract or tort. I know of one case on here that they lost in the County Court. However County Court proceedings are not recorded as far as I know. What I am looking for is any evidence of similar proceedings, a letter explaining the court's reasoning or similar. If anyone had anything they could redact and post I would be very grateful.
  12. On his site people are frequently advised to follow CRA and take errant traders to the small claims court. Success rates appear to be most encouraging. Yesterday, I took a rouge motor trader to a SCC at the local sheriff court, and because of a major error by the sheriff, my claim was reduced by over 66%. What can i do ? Scottish Law
  13. Hi I am just looking for some advice. We purchased a car In October 2018 2009 tiguan with 114K miles on, we purchased from a dealer (sold from a garage) but i think hes a sole trader. Before we purchased, the dealer said the engine management light came on and went into limp mode, they plugged in and was the glo plugs and the light was now off and all fixed. Satisfied we purchased the car via bacs. On they way home the car went into limp mode - i called the dealer and he suggested carry on driving until it did it again. November 18 we had an issue with the clutch, the dealer asked us to book into a garage over 20 miles away - but it was done free of charge and i was giving a car. The car then went into limp mode just before Christmas, we called up the dealer who told us to use to the same garage (not the one the car was sold from as he didnt trust the mechanics) and it was his responsibility to fix. Booked in January (due to them not being open over Christmas) and the same i was given a car whilst mine was in. The issue was the inlet manifold has blown and cracked. something that would of happened with there being an issue with it and being driven over time has made worse. The dealer offered half the bill - the bill was £700. We refused, saying if within with first six months of purchase the dealer should repair or replace. Again he refused and offered half the money, the car was in an independent garage, so one of us had to pay. But he also said in writing he wouldn't be responsible if it went into limp mode again or wouldn't give us a refund. Im under the impression the legally needs to. So we have paid the bill and ive written to ask him to pay in full, hes refused, saying if we take him to small claims to be putting a counter claim in for a solicitor etc. Where do you think we stand with a small claims? CAB have told me he should pay the bill as if there is a fault within the first 6 months its deemed it was there when the car was purchase. Does anyone have any advice? Thanks Emma
  14. Hi All, I am taking a company to court for damage to a vehicle I own. The defendant has defended and made a counterclaim. I am at the stage were we have recently exchanged witness statements and a court hearing has been set. Looking through the witness statements they are made up of lies throughout by two witnesses. I received these statements on the final day they had to be submitted and I am unsure if I can make the courts aware of their lies. By lies I will explain, I am being counter sued for a certain amount, an invoice has been sent to show the cost of damage that they say I done to their property, within the invoice it has parts used which in the witness statement states they were put on after the incident that I am claiming for. I am unsure if I can send a letter to the courts to highlight this or is it to late and I will have to see what happens on the day. In the court directions for the witness statement request it states that we should send any relevant documents or evidence to the courts to come to a decision, however this is new evidence at the last minute. I hope someone can shed some light for me. Thanks
  15. A shampoo ruined my wife's hair through no fault of her own. We've been through the letter route. They only responded once and that was to an email we had also sent, but they acknowledged receipt of the first letter in that email. Exasperated with their denial of liability, we're pursuing them through the small claims court. When I submitted the claim online, the company address I gave was taken from their website contact us page. I'm now having doubts if this was the correct address to use as 1) their registered company address is different 2) The Royal Mail signed for letters never got marked as delivered - it was only by chance the email they had sent mentioned they received the first letter (with the photos). I travelled to their address and saw it was a business unit address possibly used for storage (i.e. a little smaller than a 2 bed terrace). What should I do now the 14 days + 5 days for issuing the court notice is nearly up? They haven't as yet (and are unlikely to) responded to the claim - it is tempting to just ask for judgement, but then I don't want it thrown out of court or find it impossible to collect from them. Any advice apart from see an expensive lawyer which would then make it not worth the costs of it all?
  16. Hi everyone I use a courier company, i will call "TPC", who in turn use DPD. I have to say on the whole the past few years has been event free but a few months ago we sent a 3D printer to someone to use and it was smashed up really badly. The recipient took photos and has emailed us stating the damage was beyond dropping in his view and we have loads of photos of the box damaged etc. I reported the issue immediately and TPC were originally very sympathetic etc. I have to say I was shocked at the damage, you would have had to try really hard to do what they did. As the client needed to get printing urgently, I resent a new identical printer out, only this time this one had a glass build plate, so about 30x20, super tough, heat resistant glass plate that the plastic is printed onto. This was in fact a bespoke upgrade I did to this one but the plastic plate was also sent. This printer was also sent insured fully. This 2nd delivery went horribly wrong yet again, with a tonne of damage done. We sent both printers in the original boxes, designed for transporting them. They are thick boxes, with the original polystyrene inserts. Loads of space etc. we also used an outer box with more packaging to be safe. The packaging has never been challenged, in fact DPD stated that it was fine. long story short. I know DPD have accepted both claims (although irrelevant as the contract was with the 3rd party we use, TPC). I am still waiting for any decision, I have emailed multiple times and so we logged a small claims track. Unfortunately the printers are no longer made, so I have asked for the replacement cost of the latest available model for both printers. The defence is that they will not pay as there was glass in the box (even though only the 2nd item had glass in it) There is no consideration about the first delivery that had no glass in it at all. I have sent the court questionnaire off, have stated I am willing to mediate and I am waiting. No solicitors seem to be involved at this point, certainly no legal sounding stuff has come back from the defendant at this point. Just want some help and advice really. I have basically lost a part of my little business due to these printers being damaged beyond repair. Questions: 1. I have no doubt that I will get the compensation for the 1st Printer as there was no glass and it was clearly in breach of the Sale of goods and services act 1982, (reasonable care and skill clause). however What about where there is a piece of glass in an item? I have never actually claimed for this extra add on, I feel that if they had delivered properly in the first place I would not have had to send the 2nd printer out and also the glass did not cause the damage, it was just "also" damaged, but again I am not claiming for this. 2. I would normally claim for the cost of the item if damaged. However in the case of the model being superseded and no longer being available. Is it OK to claim a little more for the latest available model? I have averaged the price from 5 retailers and would genuinely be buying these to simply replace my lost printers. In my defence it is a real pain in terms of retraining and new software to learn a new machine. Any help would be appreciated on the best course of action and of course I will post everything up here so others can learn from my mistakes and hopefully successes!! I am about to go through mediation, but can't find much on the process here. Has anyone gone through this process as a claimant and is there any advice anyone can give. I have been told by the CAB that it's a chance to "negotiate" but Ii'm not sure if negotiation is what I want to do, i'd really like the defendant to try and see the light. Also can the defendant deny wanting to use mediation? Any help appreciated.
  17. Hi guys im new here , i signed up because im being threatened to be taken to a small claims court. A long story short 1 or 2 years ago i met a guy on gumtree (that had bought a computer off me) and he had asked whether i could supply him with a large amount of computer components, me being not being mature and silly i accepted this and we talked over email for a bit to confirm details. After that he had transferred over £70k into my bank and what we agreed is that i give him a certain amount of computer components each week which i did for several months until the guy supplying me with the cheap components stole a large sum of cash from me which was so stupid of me. i was left with £25k left and £40k worth of components left to give him. I got scared at this time i lost communication with my customer and pretended it didn't exist. at the time i was doing GCSEs and wanted to focus on the exams at the time. after the exams i had gained enough confidence to contact him and explain what had happened he agreed that i could just give the rest of his money back by paying £2.5k a week, what i did was i put the money into crypto trading and i spent hours upon hours on the trading site and most cases only getting a couple hours sleep but i was making just enough for the £2.5k a week i continued paying him off for a few months until my trading account got hacked and all my money was stolen (i did file a police report to action fraud but nothing happened) and the website owners said they could not do anything. The customer asked what had happened to the payments after i had not made that weeks payment i panicked and blocked his email address and all was good for 6 months im doing a-levels atm (physics,chemistry and computer science). I was really enjoying life without the stress. Recently i got an email from his brothers email stating that i had owed £12k and that i can pay it now or pay £14k in small claims court . I am more than willing to pay this off and had no intention of taking his money but tbh i was scared out my mind. the problem is i am a 17 full time student doing really hard a-levels that require my full time and i currently dont have a job and have like £30 in my bank. i dont have many possessions as i had sold most of it to make my final £2.5k payment. i have a average computer, an iphone 5c and a good pair of headphones . I am just asking for what i should do in my position as i did some research and i read something about how you cant make a claim against a child and how you cant make a claim above £10k is this true if not how would i go about this as im not going to lie i have no clue on what to do. I would greatly appreciate any advice with this. Many thanks in advance.
  18. Hi, new user here but long time browser. I am after some advice on a situation I am currently involved in... On 30/04/2018, I was driving home with my wife and 22 month child in my 2016 Audi A4 which has done 19,500 on the clock. Whilst driving, I lose control as if I had burst my tyre and upon regaining control and parking, I inspect the car to find the front passenger wishbone snapped off. The car was towed back to Audi in Coventry to be inspected and I was informed that I must have hit something as there was under tray damage as well as to the gear box liner. The issue is that on 18/04/2018 I took the car to Listers Audi Solihull for its service and health check. Audi actually record any issues in a video called Audi Cam which they provide to customers. Within said footage, you can actually see the thumbnail sized dent in the wishbone where the fracture and eventual crack occurred. I have provided images of the video still that shows the dent; the technicians hand is mere inches away from the dent yet he failed to inform me resulting in the car being driven for under two weeks for it to eventually fail. I have also attached the image of the wishbone snapped. My view is that the technician should have informed me of the dent as the wishbone is a vital part that undergoes stresses and any damage especially one that was visible would affect the performance of the wishbone causing it to eventually fail. The Listers Audi service manager stated in regards to the this "We carry out a vehicle inspection on all cars that we work on in the workshop, this inspection is part of our duty of care to our customers, and is an industry approved process. I have reviewed the inspection and Technicians report on your vehicle and I find that everything was done correctly. With specific regard to the suspension arm I can see that the indentation gives no suggestion that fatigue has taken place in the arm, therefore there is no reason the Technician, who has no knowledge of the vehicle history would suggest the arm be replaced. We could clearly see damage to the undertray and arch liner, but that is it. we were not aware that the vehicle has sustained a significant impact to the underside/suspension, and there was no mention of this on the Job Instruction from you. " I would have had no idea of any damage to the underside of the car as most do not have the equipment to lift the car spot high to inspect and I would argue that's why the car is taken in for a service in the first place. I contacted Audi UK for them to mediate however Listers would not budge to repair the car, therefore am looking to take this to small claims court. An independent assessor from The Institute of Automotive Engineer Assessors (IAEA) has also looked at the damage and confirmed the dent is the origin cause of the part to snap. His view is that it would be 50-50 for the court to award my claim which would be for my insurance excess of £650, The impact on my policy increasing due to the claim, expert fees and court fee to be awarded. I would be representing myself and the assessor would also attend. Do you guys think its worth pursuing through small claims court and any views of my chance on success would be most welcome. Thanks Yans
  19. Hi I'm new here but would like to ask has anybody taken Parcel2Go to small claims and won? My case is: I instructed P2G to pick up and deliver a very heavy 33kg Subwoofer speaker to my address without taking their extra insurance. Its was delivered a couple of day later with broken corners and a grill that was recessed into the unit. I'm taking them to SCC under section 54 of the consumers rights act 2015 holding them of negligence and in breach of contract by operforming reasonable care and skill in delivering this item. A last letter of action was sent and I'm now looking at a Notice of proposed allocation to the small claims Track which needs to be sent before 20 July. P2G have sent 12 pages defending the claim Any advise or help - Thanks
  20. Hi Everyone, Its a very convoluted and long story but I hope you read it till the end and advice me please. I am new to this and this is my first car. 27th April I recently bought a used vauxhall corsa 1.2 on 27th of April for £2895 and they offered me to do the road tax for me which is £140 which I agreed since I was busy on this day(ofc I paid them to do it). The next day when I took out for a drive the engine started to overheat and the engine overheating light was on, on the dashboard. I didn't wanna take it to seller as they are 20-25 mins away and the engine would overheat within 10-15 mins of driving. I genuinely wanted this car so on Monday 30th April, I took the car to halfords for full service which is 5 mins away hoping the lack of coolant was the issue, this is when I found out multiple issues with the car i.e coolant leak from the water pump and couple other advisories. 1st May The next day(Tuesday) 1st of May I took the car back to dealer about the issue and the engine didn't overheat this time because the coolant was filled and probably would have taken longer to overheat, however the leak from water pump was still there. So, they recommended me to changed the timing belt as well but however, I was told I will have to pay for it, since it is not damaged and warranty does not cover it but it will be relatively cheap if I do it now. I told the manager that if the cost is within 100-200, I will think about it and he confirmed that he would call me and tell me confirm cost before they change the timing belt. note: road tax still shows as untaxed 2nd May The next day(Wednesday) 2nd of May I called them to confirm how long will it take to for the repair and asked if it is just the water pump replacement, the guy on the other end confirmed it was just water pump but didn't give me exact date when it will be fixed. note: road tax still shows as untaxed 4th May Fast forward to Friday 4th of May I called them 4-5 times during the day but they did not pick up my call so, this time I decided to visit them. Upon arrival the manager and staff was about to head out and assured me that the car is fixed they were just going out to bring my car back from the mechanic and was told to wait "15 minutes". After about an hour and half they came back saying that the thermostat needs fixing too. So I asked them if I could drive without it and if there is any safety concern and they reassured me saying there will be no bad consequence to the car or my safety driving without thermostat. Not only they didn't fully fixed my car but also changed the timing belt which I didn't ask them to do and it cost me 198 pounds. Before we left, I confronted them about my vehicle showing untaxed in the government website but I was told it happens sometimes even after 5 days so i trusted them however, when I asked them for proof they said they will give me next time and he was in a hurry. I was told to bring my car back on the following Monday morning 7th of may for thermostat replacement and they confirmed it will be fixed by the evening. note: road tax still shows as untaxed 7th May Fast forward to Monday morning 7th of May I leave my car and keys at the dealer. After enjoying beautiful weather I go back to the dealer's with my brother in the evening to pick up my car, so I get out from my brother's car and after few minutes I get a call from my brother who is waiting for me at the off street car park saying has car been fixed so i tell him no I am just walking toward the dealer's. He laughs and says that my car is at the same spot as we left this morning. Not only they did not fix my car, they didn't even bother to take it to mechanic. Also bear in mind that I still have not received my receipt for previous water pump and timing belt replacement and keep telling me its at mechanic/invoice ran out. note: road tax still shows as unxtaxed 8th May They have started to ignore all my calls now so I used my dad's number to call them and they picked up instantly. I confronted them about them ignoring my calls to which they replied "I was about to pick up". This happened in multiple occasions. So I decide to surprise visit them and asked the staff for full car refund because I did not want to deal with them anymore. The staff told me that it was because that the mechanic was busy on Monday so he could not fix it. So, I decided to give him one more shot so I left my car there that day which was Tuesday and picked up on Thursday 10th May. 16th May So, far I visited them twice to get my receipt and ask for the proof of car tax since my car was still showing as untaxed. They said the receipt will be done next time and I don't have to visit them and they will bring it to my house since one of the staff lives where I live. It has been 12 days now since I have not received any receipt or any proof of car road tax from them. Car engine light is lit now, coolant is leaking and engine is overheating again, so I am sure this time that I do not want to deal with this problem again so I visit them on Monday 21st of May. 21st May I decided to ask for full refund again. The staff said that the manager will not agree with refund since they have already offered to fixed my car so I was discouraged to ask for refund because it made sense to me. However, I pretty consistent and kept asking him that I need the proof for car road tax payment today and needed the receipt today. Luckily the manager arrived so I discussed about the receipt and road tax with him. The receipt was no there in their office again and was told off saying that they will have to talk to mechanic. And about the road tax he gave me a reference number as a proof for that vehicle has been taxed. So I was relieved that the car actually has been taxed! Regard the repairs they assured me that they will contact me the next day. Next Day 22 May No sign of contact from them and the car road tax is only valid for 6 months, when I paid them £140 to do it for 12 months. 23rd May I contact them again about the car refund to the manager to which he replied he will call me back again after 10 mins because he will have to talk to the owner. 4 hrs later... still waiting for his phone call So i messaged him saying i need a refund or else we will have to go to small claim court. note: road tax still shows as untaxed
  21. ive had a ticket from the same carpark and im being taken to court at the end of september, are you able to update as to how you got on and what defence you used? am i able to use your pictures? i parked at night time and was visiting Khans, didnt realise i would have to pay at 9pm, plus it was dark so missed the signs. im really hoping that at the very least i just pay the parking charge of £60 as now the charge is at £300 and i just think that is disgusting!
  22. I've got it in my head that I should take a local minicab firm to the small claims court. Some friends think I'm stupid, others think I should go for it. Perhaps someone on this forum can knock some sense into me? On the 30th July 2018 I called my local minicab firm and booked a cab for 4am the next morning (31st) to take my family to the airport for a holiday. I was told this would cost me £30.00. I live 25 minutes drive from the airport and the flight was scheduled for 0630. At 04.05hrs the next morning with no taxi present I called the cab firm. When the phone was eventually answered I was apologised to and assured that a taxi was on its way and would be with me between 10 and 15 minutes. At 04.20hrs, with no taxi having arrived, I called the minicab firm again. I was told again that the taxi was almost with me but when I pressed the operator for an actual location he admitted the driver was in another area which I know to be at least another 15 minutes drive away, possibly more. (This is not subjective, Google Maps etc shows this to be the case). I felt I was unable to trust the person I was speaking to on the phone seeing as they had already lied to me with the initial claim that the car was almost with me. Worried that I may miss my flight I felt I had no choice but to drive to the airport and use the long stay car park. What should have been a nice gentle beginning to a holiday was a rushed nightmare. If the operator had simply been honest the first time I had spoken to him and admitted no one would be with me for at least half an hour it would have been a lot more helpful & I wouldn't have had to make my last minute decision of driving to the airport; I could have tried to call a competitor or tried my luck with Uber. But I felt I didn’t have time for either. The cost of 8 nights parking at the airport came in at a sizable £239.00!! And I don't really have £239 to throw away lightly. My question is should I take the cab firm to the small claims court to get that money back? My issue is not just that the cab was late but that the operator was lying to me, the combination of which could have meant me missing my flight. Now I’m not completely unreasonable and seeing as my original plan had been to book another cab through the same firm for the journey home on the 8th August, presumably at the cost of another £30.00, I would be willing to accept £179 from them (ie the £239.10 cost of the parking minus the amount I would have paid had the driver turned up). I emailed the cab firm while I was away to express my frustrations and have never received a reply. On return to the UK I sent a letter by recorded delivery (which I can confirm they received) reiterating my complaint and asking for £179.00. I asked them to respond within 14 days. It’s now day 16 and I have heard nothing. So do I take this to the small claims court, something I have never played with before? Or do I give up and just feed my kids bread and rice for the next month? Did I ever receive a text message / anything in writing confirming the taxi I booked? No I didn’t. Did I record the conversations? Of course not. So they may choose to contest my version of events. How can I prove my account? Other than having my wife back me up (probably not a very independent witness) my mobile phone show me calling the cab firm on the 30th July when I booked the taxi. It also shows me calling them at 0405 and at 0420. Why else would I be calling a minicab firm at these times? Why else would I have an airport long stay car parking ticket timed at 0450hrs that same morning? I would like to think that this evidence backs up my account to the standard of ‘balance of probability’. Their website is currently down (I don’t know how long this has been the case) so I cannot see their terms and conditions. Any advice / suggestions to grow up would be much appreciated.
  23. I know that you can not take a child (i.e Person under 18 years of age) to court via Small Claims Court. However, I am wondering if its possible to take the parents of children to court?? Basically the case is one where I provided a service to a person who was 17 years of age and didnt pay for it.... Am I able to take the parents of the 17 year old to court even though they were not part of the transaction?
  24. I am currently in dispute with a builder over a patio - there have been several attempts to remedy the situation over the past 12 months the patio has been re-laid but there are still significant issues. Last time the builder was on site I unfortunately swore about the situation not directed at the builder. The builder became very aggressive and intimidating - shouting and swearing at me. I asked him to leave the house and he continued. Fortunately, at this point my wife came home with my daughters and she could hear the builder shouting from outside the house. I managed to get the builder into the front garden where he continued to shout and swear at me in front of my wife and 5 and 3 year old daughters. My wife asked him to stop multiple times. We got the children in the house and then he eventually left after a final tirade. In the evening the contractor sent a text to my wife rather than me acknowledging his behaviour had been inappropriate. He is offering to carry out further remedial work but we are obviously reluctant to have him back on site after this situation - he is a big guy. Where do we stand legally if we don't feel comfortable having him back on site?
  25. Hi, I think I have made a minor mistake - a Ltd company owes us (we are also Ltd company) for an unpaid invoice. The invoice has been unpaid since April, we sent a letter before action by email: I copied this text from something I found online, the number of days was blank so I just put 7 in there thinking it was reasonable. Anyhow I have now read the pre action conduct page here https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct And they mention 14 days. ooops. As the 7 days has elapsed do you think I should send another letter giving 14 days, or should I continue with my Draft MCOL claim? PS Email OK? PPS do only work days count or do weekends count too? Thanks in advance.
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