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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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PLEASE HELP! URGENT Allocation hearing TOMORROW!


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I have an alloction hearing tomorrow for a case in which I am a defendant. I have no idea how to prepare for the hearing or what im meant to do there.. on the notice it just says that the hearing is expected to last 30 min with the claimant bing expected to file andserve a statement o issues (i havent recieved a copy of thes) and the judge has ordered that both parties should be prepared to explain their stance as to mediation.

 

Please please give me some advice on what i need to do - i am very nervous about this.

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You've left it kind of late for a substantive reply as we don't know the background.

 

From what you've said, I'd suggest that as you have not recieved any documentation to help you decide your approach, you simply turn up at court and be prepared to answer any questions asked of you clearly and without waffle.

 

If there is anything you do not understand, ASK for it to be explained to you, and state you feel disadvantaged as you are unclear to the precise nature of the pursuers claim against you.

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An allocation hearing is nothing to be concerned about really.

 

It is just about managing the litigation, this is not the trial.

 

Clearly we know nothing about your case so it is a bit tricky to provide specific advice.

 

Post up your allocation questionnaire if you can.

If I have been helpful please click on my star and add a comment.

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Hi, my case is regarding unapid college fees. I sent my 17 year old son to a private college last year where I WAS PAYING 15K per year. My son initially started with three A levels - he started having problem with one of the subject teachers and they removed him from the subject in the second term so they then were only teaching him two AS subjects per term - they did put him in for a third AS subject but he was very behind and no attention was given to him to help him catch up. I did speak to the school to allow him to continue with his initial subject or otherwise only teach him two AS levels with him possibly doing a short course in the summer for his third subject thy didn’t allow this but registered him for a third subject but then removed him from this within the third term. The education he received was horrendous with me spending every waking hour I could muster after work to teach him to get him through his first set of exams.

 

I didn’t pay the final terms fees as I was arguing I was only liable to pay for two subjects (its £1665 per subject per term) and as it turned out my cheque for the second term wasn’t received by the college either (which they never mentioned until sending me a court summons for a debt of £10,000).

 

I don’t know what to do! I filed a defence and now am set for an allocation hearing on the 5th of January. The college are lying and saying I didn’t pay for his college trip fee when I did (which they accepted orally over the phone that they were wrong to make a claim for this) they're claiming for three subjects per term when my son was only taught and entered in exams for two AS subjects!

 

What can I do? I don’t want to pay any of the fees now as they refused to release his results and give a reference to another college which I wanted to put him in this yr leading to my son not being in any college for this year. He’s in essence lost out on two years education as they have refused to release his first yr results and he has lost out on an academic year. Please help me - I can’t afford to go to the solicitors either. I just wanted a bright future for my son and now he is so disillusioned by the whole education process that he no longer wants to pursue his education.

 

Please any advice would be most appreciated.

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Hi, my case is regarding unapid college fees. I sent my 17 year old son to a private college last year where I WAS PAYING 15K per year. My son initially started with three A levels - he started having problem with one of the subject teachers and they removed him from the subject in the second term so they then were only teaching him two AS subjects per term - they did put him in for a third AS subject but he was very behind and no attention was given to him to help him catch up. I did speak to the school to allow him to continue with his initial subject or otherwise only teach him two AS levels with him possibly doing a short course in the summer for his third subject thy didn’t allow this but registered him for a third subject but then removed him from this within the third term. The education he received was horrendous with me spending every waking hour I could muster after work to teach him to get him through his first set of exams.

 

I didn’t pay the final terms fees as I was arguing I was only liable to pay for two subjects (its £1665 per subject per term) and as it turned out my cheque for the second term wasn’t received by the college either (which they never mentioned until sending me a court summons for a debt of £10,000).

 

I don’t know what to do! I filed a defence and now am set for an allocation hearing on the 5th of January. The college are lying and saying I didn’t pay for his college trip fee when I did (which they accepted orally over the phone that they were wrong to make a claim for this) they're claiming for three subjects per term when my son was only taught and entered in exams for two AS subjects!

 

What can I do? I don’t want to pay any of the fees now as they refused to release his results and give a reference to another college which I wanted to put him in this yr leading to my son not being in any college for this year. He’s in essence lost out on two years education as they have refused to release his first yr results and he has lost out on an academic year. Please help me - I can’t afford to go to the solicitors either. I just wanted a bright future for my son and now he is so disillusioned by the whole education process that he no longer wants to pursue his education.

 

Please any advice would be most appreciated.

Go to the hearing and state that you haven't received anything further from the Claimant, and reiterate what you've said above. Explain to the District Judge that as a Litigant in Person you're inexperienced in such matters and would appreciate this being taken into account.

 

Explain what you have written above, and state that you are seeking advice and may wish to make a counterclaim, dependant on the Claimants statements at the hearing, as your son wasted 2 years of his life and has suffered. Clarify that the Claimant did not provide what was promised and as such you should not be liable for any of the claimed fees.

 

You would also like to know from the Claimant if there is an Ombudsman or Alternative Dispute Resolution scheme that covers the Claimant's college, and if there is, you would ask of the court to stay the claim pending a decision of the relevant Alternative Dispute Resolution scheme or Ombudsman scheme; who you will complain to as soon as you have a copy of the court order.

 

If the District Judge asks when you would be ready to make a counterclaim, or decide against this, ask for 28 days.

 

Which college is it?

 

I do believe you may have a counterclaim but want to see the Particulars of Claim, Defence and know what happens tomorrow before I make such a recommendation. Please attach those to a new post - removing confidential details before you do so.

 

Also state to the District Judge that whilst the amount claimed is above £5,000, considering you are a Litigant-in-Person and the claim is relatively simple and far from complicated, you would respectfully request that if the claim is not struck out at this stage, it is allocated to the small claims track.

 

Make sure you understand everything I've written above ASAP tonight, and post any questions ASAP, if you don't understand.

 

Good Luck tomorrow. Don't panic!

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Hi.Thank you so much for your quick reply. I have made a counter claim claiming back the fees I have already paid the college.

 

Is there a reason why i should urge the track to be the small claims track and not the fast track? As i thought the judge wouldnt allow small claims track if the amount in dispute was over £5,000.

 

Also I dont think the collees Ombudsman or ADR scheme woukd help me in fact i genuinely believe they would find against me. But if you think this is still advisable then I shall request this at the hearing tomorrow.

 

Sorry for all the questions but you say explain to the judge that I am seeking advice - do i say I am seeking legal advice from a lawyer or just generally seeking advice?

 

I cannot thank you enouh for taking time out to advice me on this - thank you so much..

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Hi.Thank you so much for your quick reply. I have made a counter claim claiming back the fees I have already paid the college.

Please post as an attachment the Particulars of Claim, your Defence & Counterclaim and anything else filed ASAP, removing confidential information.

 

Is there a reason why i should urge the track to be the small claims track and not the fast track? As i thought the judge wouldnt allow small claims track if the amount in dispute was over £5,000.

Technically claims below £5k in value go onto the small claims track, claims between £5k-£15k fast track & above £15k multi-track. BUT; a claim below £5k can go on fast-track or multi-track if it's complex, a claim between £5k-£15k in value can be moved to small claims track if it is far from complex or multi-track if it's substantially more complex.

 

The benefit is that costs will be substantially more limited if either side fails, and considering you don't have a Solicitor the costs you can claim are limited anyway.

 

Also I dont think the collees Ombudsman or ADR scheme woukd help me in fact i genuinely believe they would find against me. But if you think this is still advisable then I shall request this at the hearing tomorrow.

An ADR scheme is not run by the college, but covers the college. If it was run by the college then understandably it would rule against you. Is there any other reason it would rule against you? We need to know EVERYTHING now.

 

I think it is advisable to ask for 14 days to submit an Amended Defence and Particulars of Claim on the basis that you also wish to refer to other precedents that may be relevant to this claim.

 

Regarding an ADR scheme or Ombudsman scheme - don't ask the District Judge at this stage, but it may be worth offering such a stay by consent to the Claimant at a later stage.

 

Sorry for all the questions but you say explain to the judge that I am seeking advice - do i say I am seeking legal advice from a lawyer or just generally seeking advice?

State that family [and work] commitments which have been increased due to the effects of the Claimants behaviour on your son, and you would appreciate the courts compassion in dealing with this matter considering the aforementioned and the fact that you are a Litigant-in-Person.

 

I cannot thank you enouh for taking time out to advice me on this - thank you so much..

No problem. But:

 

1. In future please leave people with more time, last minute posts are hard to deal with, and some people who are very competent - and otherwise would help - don't like to deal with them because they feel too pressurized. I am also VERY busy with work, studies & helping other people on CAG whom I have committed to help already; so as much notice you can give me as possible is better - and works in your favour, because I am more likely to think more coherently if I don't feel like I am racing to type stuff for you in time.

 

2. Please make an effort to write coherently, in full sentences and spell correctly. I make an extreme effort for this and it frustrates me when people don't make a similar effort, especially when I am helping them.

 

3. Please understand that CAGgers don't get paid. We have other commitments too. This follows on from 1 above. Whilst we all do our best to help, sometimes things will come along that are more important to us, hence we won't be able to.

 

4. Nobody can guarantee success. I am very competent - and other CAGgers can attest to my competence - and have an above 98%, probably even 99% success rate. But cases are lost unfortunately.

 

5. Try to follow instructions to the letter. If you don't understand - ASK! If you think I'm wrong - I'm only human - so ASK, BUT RAISE YOUR REASONS WHY YOU THINK I'M WRONG, PLEASE! If I agree after reading your reasoning, I'll admit it and if I still think I'm right, we'll continue to discuss it - like mature adults - raising our reasoning.

 

6. I help people to help themselves. I feel better when somebody I help takes my comments on board and shows that in future documents. Some cases I am involved in or have been involved in have taken a long time. Where one takes those comments on board and later drafts better documents because of my advice, I feel better - it contributes to self-esteem of both me and you, as I will compliment you (as well as criticize when necessary!) - and feel that my help is benefitting you. If all I am doing is doing your work for you, I am less likely to want to help in future, and it makes me feel bad that I wasted time on your case.

 

My aim in being on CAG is to help you to help yourself and others & to spread the knowledge and wealth about! Please help us make CAG bigger and better by cooperating.

 

I am offline from Friday afternoon till Saturday evening every week as I am Orthodox Jewish and that is my Sabbath. Please respect this as I will respect your religious commitments.

 

Any more questions for tomorrow?

 

Good Luck.

 

Please keep us posted and post those documents up as soon as you can!

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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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Hi.

 

I have attached the original claim form unfortunately i cannot seem to find the copy of the defence document i sent but i did have a word copy of what i wrote in the defence. Please find both of these documents attached. I really appreciate your help and apologise for asking for help so late.

claim form.jpg

defence.doc

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Attachments approved.

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Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

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Hi.

 

I have attached the original claim form unfortunately i cannot seem to find the copy of the defence document i sent but i did have a word copy of what i wrote in the defence. Please find both of these documents attached. I really appreciate your help and apologise for asking for help so late.

1. Prepare a folder - preferably lever-arch - with plastic punched pockets in it, and put all documents - a document in each punched pocket - with the newest documents first.

 

2. When you send documents always print 3 copies, and keep 1. 1 goes to the other side, and 1 to court.

 

3. Please don't attach images, and instead put them into Word documents and attach the Word document, that way it doesn't come up as a thumbnail. Please do this with the Claim Form and attach it ASAP.

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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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Hi, please find attached a typed version of the claim form in a word document.

 

Thank you once again.

That's not what I asked for. I asked for the claim form inserted into a Word document, not for you to type it up.

 

Your defence could be a reason that there's an Allocation Hearing. There's no Statement of Truth or breakdown of amounts. You've accused the Claimant of fraud - always a mistake - and haven't detailed your counterclaim.

Did you pay a court fee for the counterclaim? Did you detail the amount you were claiming anywhere else? Did you claim interest?

I wish you the best of luck and sincerely hope the District Judge shows compassion and lets you file a new Defence & Counterclaim within 14 days.

Please let us know what happened as soon as you get back home.

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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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I have made a complete shambles of this.

 

I shall go to court tomorrow and request I am allowed time to file a new defence and counterclaim. I thank you for your time and shall let you know what happens tomorrow.

 

Thank you so much for all your advice.

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I have made a complete shambles of this.

 

I shall go to court tomorrow and request I am allowed time to file a new defence and counterclaim. I thank you for your time and shall let you know what happens tomorrow.

 

Thank you so much for all your advice.

GOOD LUCK!!!

 

Keep us posted.

-------------------------------------------------------------------------------------

:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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Hi legalpickle.

 

I went to the hearing and the other party didnt show up - the finance officer of the college called in ten minutes before the hearing to say he was unwell and wouldnt be attending.

 

When talking to the judge - he seemed clear in his understanding of the case which was that we owed two terms fees for two AS subjects and we should pay that since as matters stood at the moment we were on the wrong side. The judge said the other party rightfuly refused to give a reference as they werent paid their fees.

 

Do you think I do have a case or should I just cough up before the costs begin to build?

 

I appreciate today is your sabbath - but I would be most grateful for your reply when you get a chance tomorrow.

 

Thank you.

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Did you receive a copy of any signed agreement with the claim form?

Do you have a statement of account? (What you paid, for what, and when?)

When is your next hearing? (You can settle right up to the time of the hearing).

Are the college claiming for two course fees, or three - This could form part of your defence.

Without more information, it would be very difficult to advise.

Presumably you have agreed to pay x amount in return for your son's education - depending on how the contract is written, this could be "to make classes available", regardless of your son's attendance in the class.

I think your entire case depends on how the contract is written.

I have no experience of education contracts, but I would guess that even if your son's withdrawal from the class was accepted by the college, there would be a "cancellation charge"

Carpe Jugulum

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Hi legalpickle.

 

I went to the hearing and the other party didnt show up - the finance officer of the college called in ten minutes before the hearing to say he was unwell and wouldnt be attending.

 

When talking to the judge - he seemed clear in his understanding of the case which was that we owed two terms fees for two AS subjects and we should pay that since as matters stood at the moment we were on the wrong side. The judge said the other party rightfuly refused to give a reference as they werent paid their fees.

 

Do you think I do have a case or should I just cough up before the costs begin to build?

 

I appreciate today is your sabbath - but I would be most grateful for your reply when you get a chance tomorrow.

 

Thank you.

I can't answer anything till I know what the order was. The reason the Judge said that is because your defence & counterclaim was so badly written - no offence meant. I believe that had you competently written the defence & counterclaim - quoting the legal reasons - you would most certainly - though I cannot guarantee anything - have heard a different opinion from the Judge.

 

What did the Judge say would happen next? What is the order the Judge is going to give?

Did you receive a copy of any signed agreement with the claim form?

Good question.

Do you have a statement of account? (What you paid, for what, and when?)

Good question.

When is your next hearing? (You can settle right up to the time of the hearing).

I think this is a bit misleading. The next hearing may not be a final hearing. The claim is above £5k. It's not that simple and clear cut.

Are the college claiming for two course fees, or three - This could form part of your defence.

I think it did, though badly written unfortunately.

Without more information, it would be very difficult to advise.

Exactly.

Presumably you have agreed to pay x amount in return for your son's education - depending on how the contract is written, this could be "to make classes available", regardless of your son's attendance in the class.

It could not be entirely regardless.

I think your entire case depends on how the contract is written.

Whilst I would say that this is relevant, I'd hardly agree that the entire case depends on this. There is a lot more than the contract, and I do have a clear route of what I would do in defence of such a claim. There are legal precedents and legislation that relate to this that would have a larger bearing on the outcome of the claim than the contract.

I have no experience of education contracts, but I would guess that even if your son's withdrawal from the class was accepted by the college, there would be a "cancellation charge"

Which dependant on the reasons for withdrawal could be unlawful or even illegal.

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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

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  • 5 weeks later...

Dear legal Pickle,

 

I am sorry for not getting back to you sooner - I did check onthis link a few times but didnt see an answer, I checked today and see that you replied on the same day for which I am so grateful.

 

I have received an order - which states that upon hearing the Defendant in person and the Claimant not attending, it is ordered that

1. The allocation hearing shall be adjourned to TUESDAY 23RD FEBRUARY 2010.

2.Costs of today are reserved.

 

In answer to bigeggs questions - to whom Im grateful for a reply!

 

 

Originally Posted by bigegg viewpost.gif

Did you receive a copy of any signed agreement with the claim form?

 

I didnt receive any signed agreement with the claim form.

 

Quote:

Originally Posted by bigegg viewpost.gif

Do you have a statement of account? (What you paid, for what, and when?)

 

Payment was made via cheque for the terms fees and the holiday trip which the college originally claimed wasnt paid for but later accepted was paid for - was paid in cash to the administrator. Unfortunately I have no record of these. But the cllege do these accept these payments were made.

 

Originally Posted by bigegg viewpost.gif

Are the college claiming for two course fees, or three - This could form part of your defence.

 

The college is claiming for three course fees.

 

My son struggled with Psychology and as his teacher wasn’t very fond of him (he expressed this clearly at parents evening) no help was offered to him instead he was removed from sitting the examination. So my son only sat two examinations in his first term.

In the second term my son was only studying two AS subjects per term. I then spoke to the college principal, to allow him to continue with psychology or otherwise only teach him two AS levels with him possibly doing a short course in the summer for his third subject.

The Principal was extremely aggressive with me and refused to entertain my suggestion and decided to enrol him for ICT although my son absolutely dislikes this subject and finds it extremely challenging. my son was very behind and no attention was given to him to help him catch up, he was then removed from the subject within the first few lessons.

The education he received was horrendous with me spending every waking hour I could muster after work to teach him to get him through his first set of exams.

 

I hope this helps - once again i am so sorry forthe late response and I would be extremely grateful for your advice.

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Parent84:

 

I received your PM. Help given on CAG is given publicly. I cannot accept you sending me documents privately, sorry.

 

You have left this to exactly 2 weeks before your next hearing! The last hearing was 8th January, so you've seriously procrastinated.

 

I understand you're probably busy, but so am I. I don't ask for money for helping people on CAG and don't expect it. But I do expect people to act quickly and give me as much time as possible to respond.

 

There is no way I can prepare anything this quickly when I'm so bogged down with work:

- I have a defence & counterclaim to file, that will take me about 8 hours to prepare tomorrow.

- I have to prepare 2 AQ's & Responses to Defence by Friday.

- I have to prepare a Schedule of Costs & Response to Witness Statement by Monday.

- I have to study.

- I have to help others I am committed to helping and have been assisting for a lot longer.

- I have a hospital appointment on the 16th, court hearings on 17th & 18th.

- Over 20 documents to prepare by 24th February besides the above.

- Then I have court hearings on 3rd March, 7th April (x2), 21st April (x3) & 28th April (x2) besides for numerous other things on. And I'm going away on 6th May for 3 and a half weeks.

 

Had you given me more time, even with my VERY busy schedule, I would have at least tried to get you through this hearing.

 

I just can't do it at such short notice.

 

My recommendation - instruct a Solicitor. Get him to ask for an adjournment by consent, and get the documents in order.

 

If you need help finding a Solicitor, please advise whereabouts you live, approximately.

 

Apologies.

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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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Hi Legal Pickle,

 

I appreciate that you are busy and I appreciate more so the help that you are providing me.

 

Would it be possible for me to make a request to the court for the hearing date to be postponed?

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Hi Legal Pickle,

 

I appreciate that you are busy and I appreciate more so the help that you are providing me.

 

Would it be possible for me to make a request to the court for the hearing date to be postponed?

The word is adjourned and possibly. But it would be more likely to be accepted if it came from a Solicitor who had just been instructed by you, unless you had darned good reason for leaving it so late!

 

And it wouldn't make me be able to find the time at this stage to assist. Apologies.

 

I seriously recommend you find a Solicitor to help you. If for that you need my assistance I'm happy to try and help.

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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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So even if it was adjourned you wouldnt be able to help me?

 

If not then do you think a part 36 offer would be a good step to take then? If so could you kindly tell me what arguments I could use to favour my case? Please, any help would be really appreciated. I know yu're busy but just some pointers as to what you're thinking that would help support my case I shall do the rest of the research and work the rest out my self I just need a lead.

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So even if it was adjourned you wouldnt be able to help me?

 

If not then do you think a part 36 offer would be a good step to take then? If so could you kindly tell me what arguments I could use to favour my case? Please, any help would be really appreciated. I know yu're busy but just some pointers as to what you're thinking that would help support my case I shall do the rest of the research and work the rest out my self I just need a lead.

I do not think you have the ability to do this yourself. No offence meant. Your defence document proves this.

 

This is not a simple case where yes/no answers will suffice. It would be incompetent of me to give such short notes. A lead would not help you on how to phrase the documents. That is only something that experience teaches you.

 

This is a case where I would say unless you have legal background don't do it yourself.

 

Till it is clear as to their case and your case I would recommend against any offer. As you haven't written your case up competently they would refuse now, and if it were phrased competently they would probably be running to you to make an offer!

 

I seriously recommend you retain a Solicitor. I cannot reiterate this recommendation enough.

 

When I commit to something I see it through, and I would have likely committed - at least to phrasing some documents - a month ago, but now my schedule is so chocabloc I can't see myself having the time to phrase some lengthy and competent documents in your case till June/July at the earliest! Apologies.

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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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