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    • I arranged the delivery of a set of drum kit wood shells with hermes, I booked directly online. They have told me the item is lost 70x50x55 cm box??? They asked me to fill in a claim form which I have done i declared a value of £300 for the parts sent and paid for extra cover. I had recently purchased the whole drum kit for £650 and shipping costs of £95.00 to get them to me. After investigating the cost of replacing the shells, not a direct equivalent but similar, it will cost around £450.00 with delivery. I want to get compensation over the £300, is that possible, i have informed them of the total loss with delivery costs, prior to shipping with Hermes as £745. I am more than happy to go to the small claims court for the difference but would it be dismissed, Should I go for the full cost of the loss or the cost of replacement shells only I have all the receipts for the drums and shipping costs prior to hermes losing my items. I still have the remaining parts that a pretty much worthless now, unless i get a new set of drum shells. Its probably going to to take ages, I've written to CEO of Hermes about my complaint as well just to cover all bases. Next stop will be the small claims court as i read they pull delay tactics and low offers. They really didnt care and also didn't seem surprised when i spoke to a service agent.
    • Hi all I used to be a member here a few years ago when I went through a bad time - husband and I had bad health, both lost jobs etc, we got the usual helpful and sympathetic response from the bank.   With the help of CAG I did my best to fight back and found that some debts were legally unenforceable as well as the usual defective defaults and everyting else the banks were doing wrong. We're going back to about 2009/10.   With HSBC they refused to provide a SAR/CCA because I wouldn't provide a signature that matched their records. I remember I took the advice from CAG at the time NOT to sign.  in any case, due to my injury I was unable to do anything except scrawl. I told them that I didn't think the SAR required a signature and in abny case I couldn't. In short they refused to cooperate, there as a series of letters but they cited the DPA, at which point I pointed out that they were sending me demands, statements and theatening letters but only now were they saying they had to verify my ID (at that point, the bank said that they wouldn't send any more statements/demands etc until my Id could be confirmed (seriously, you couldn't make it up). I also pointed out that the guidance from the ICO was that if they were responding to the address they has on record and was the usual contact address, they could assume it was their customer writing to them. I even complained to the ICO who, as usual took the bank's side.   Eventually, I said to the bank that if they were unable to give me details of the alledged debt then I was unable to consider their demands and verify the situation and I wouldn't correspond with them any more and they could go to court if they liked. But, if they did lodge court papers, and sent the statements etc I'd immediately complain to the ICO that they hadn't verfied my ID acording to their own procedures (something the ICO had agreed was required), and I'd bring it to teh attention of teh court that they had deliberately not sent me the data to allow it to be resolved one way or teh other. If they didn't send the stuff through discovery, I'd lodge an embarassed defence and ask for it to be struck out as I had been asking for the records for 6 months or more.  I didn't hear any more from them, that was in March 2011.   In Nov 2015 I got a letter from Hoist Portfolio Holdings 2 Ltd that they has been assigned the rights from MKDP LLP and giving bottom Robinson Way's address. I hadn't heard of MKDP before and simply ignored it. I certainly wasn't aware it had be assigned to them in the first place.   A few days ago, I got a letter from Hoist again asking for payment. I intended to ignore it except for a letter I got from the Bank this morning.   The letter is the same one that has been mention on here very recently, a refund from the bank for £25 because they had determined I hadn't recived the correct level of service (no sh*t Sherlock!) The account number is NOT my currect account. It MAY be my credit card, but I seem to remeber they were rolled into one. I don't seem to have any correspondence about the CC, and I destroyed all paper documents a few months ago. All I have is scanned copies of letters (which may not be a complete record, but should be).   I received a letter in Nov 2017 from PRA about another CC saying the debt has been assigned to them (no letter of assignment from the creditor) and in Jan 2018 an 'Annual Statment'. Since then, nothing.   I've made a point of ignoring these kind of letters and demands in the past belieivng they were SB and eventually the data would be destoyed. After a few years of actually being able to relax, I'm now worried that the aggro is all going to start up again with this HSBC and other accounts.   Now, the questions. it is/was my understanding that the debts became Statute Barred a few years ago and they couldn't be enforced. The CC default was issued Feb 2009. A month later a Final Demand was issued for both current AC and CC giving a combined total. (that total is similar to the one sought by Hoist which gives my currect AC number).   So, are these accounts SB? If they are SB and the bank has desposed of them by assignment to someone, why do they still have my name and enough details of my correspondence to determine they didn't behave correctly? Does the DPA not require them to destroy data after 6 years?   On the same DPA note, it seems that this account is simply being passed around from one **** bag bottome feeder to another (maybe teh same one under different names), again, why is data still being processed after 6 years? Am I doomed to be persistely pursued by these scumbags until I die? Or am I worng? Are they able to process data as long as they like, even when there has been no contact for years?              
    • We are not offended. But we try to give you advice all the way and you seem to want to go your own way including hiding the identity of the breeder – for whatever reason, I can't possibly fathom – except that during the time that you have been hiding their identity, other animals presumably may have been at risk and other purchasers also may have had difficulty. Had you posted the identity of the breeder here, people might have stumbled on this information and become aware. It seems to me absolutely normal that if you start taking advice from somebody then you stick with it. We are not offended, but is a bit frustrating to feel that we are putting effort into helping you – but in fact you are off doing your own thing and not necessarily in your best interests. Anyway, you've sent a 28 day letter so you have to stick with it. You say you haven't done this kind of thing before so you need to read around and find out the steps involved in taking a small claim in the County Court. Now you have a decision as to whether to look at the advice we give here on that or go to Which? or whoever else you may have been consulting. One of the problems about having gone to Which? is that although they have effectively given you a letter of claim to copy out which gives 28 days before taking legal action, they didn't explain to you that 28 days wasn't necessary and that the pre-action protocol only requires 14 days. So you came away from them not really understanding the whole story and the choices you had. I'm afraid I was find it very frustrating that these organisations which purport to inform and empower consumers don't tell them the whole story.   The reason why Which? gives this kind of softer advice is because they don't want to alienate themselves from corporate interests and they don't want to seem to be to pushy. Unfortunately we have found over 15 years that in order to assert your rights properly, you need to be pushy. The County Court papers are the great Equalizer between you and all sorts of commercial interests including huge multinationals. Still, let's see maybe your breeder will respond within 28 days with something satisfactory. However, you better be prepared and ready to take the next step – if you know what that is
    • Well it sounds like a breach of contract which has substantially deprived the purchaser of the entire benefit of the contract – which amounts to a breach of condition which means that the contract can be treated as terminated. After that  section 75 consumer credit act   See if there has been any communication with the finance company. Send them an SAR – do it now.
    • I didn't realise there was much difference, this is my first time doing anything like this so maybe a bit ignorant. Sorry for any offence caused.
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Default Tenant/neighbour harassment : Claim Form and Particulars of claim & Proofs


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Hi all,

 

I have made an injunction under Section 3 of the Protection from Harassment Act, against a tenant that harass and intimidate me since several months but the County Court has now ordered me to make a Claim Form and Particulars of claim.

 

Also I would like to know :

 

- if the right form to file is the Claim Form N208 and that the my witness statement could be consider as Particulars of claim or if there is a specific document I equally have to file for this purpose (Particulars of claim).

 

- Should I make the claim 'for damages for Breach Of Quiet Enjoyment of Property under Section 3(1) of the Protection from Harassment Act' or just 'for damages for Harassment under Section 3(1) of the Protection from Harassment Act'?

 

- the tenant (we live together in the same sharing house) was destroying my postal mails and I sent emails (and fax of this email with confirmation of receipt) to the landlord regarding this matter but the landlord replied to these emails by talking to something else (never respond to the fax sent) and never denied my sayings regarding the destruction of my emails : Will this be enough as proof for my claim?

 

Thanks in advance for your help,

Edited by EmilyPink
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Hello and welcome to CAG.

 

I'll move your thread to the legal forum, where I hope the guys will be able to help you. I'll leave a short term redirect on this forum for you to follow.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Hello and welcome to CAG.

 

I'll move your thread to the legal forum, where I hope the guys will be able to help you. I'll leave a short term redirect on this forum for you to follow.

 

My best, HB

 

Thanks.

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Can you give a bit more background on this? Presumably you have already obtained the injunction? Was this in the County Court? Was it contested? Was there a hearing? Did the other side come to the hearing and if so what did the judge decide?

 

 

Your witness statement should be separate from the POC. In cases involving litigants in person I have seen judges make funny orders like allowing a witness statement or letter to stand as the POC if the original POC is too vague. Is this what has happened in your case?

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Can you give a bit more background on this? Presumably you have already obtained the injunction? Was this in the County Court? Was it contested? Was there a hearing? Did the other side come to the hearing and if so what did the judge decide?

The neighbour destroy my mails and threaten me on numerous occasion (the police even came once in the property when she became really violent). We live in a sharing house.

 

Your witness statement should be separate from the POC. In cases involving litigants in person I have seen judges make funny orders like allowing a witness statement or letter to stand as the POC if the original POC is too vague. Is this what has happened in your case?

I have made a search using google and I found that I could use a template like below as Particulars of claim (in addition to the witness statement):

 

This is a claim for damages for Harassment under Section 3(1) of the Protection from

Harassment Act. Pursuant to CPR 65.28, this claim is subject to the Part 8 procedure as it is brought under Section

3 of the Protection From Harassment Act 1997.

The detailed facts of the case is attached hereto as Annex A in the nature of a witness statement and is therefore

incorporated herein by reference and as part of this claim form. Evidence are attached as Annex B.

Herein Claimant is a private tenant under a valid tenancy agreement legally binding as of the filing of this claim.

Defendant is the Claimant's landlord. Herein claimant respectfully asks the court to cite Defendant for breach of

peaceful enjoyment of property and ordered to pay appropriate damages.

Claimant hereby claims that, on numerous occasions, Defendant has engaged in acts of harassment which has

caused the former stress, anxiety, and sleepless nights,, contrary to s.3(1) Protection from Harassment Act 1997.

 

The expected value of this action exceeds £1,000 but does not exceed £5,000.

 

Is the above correct?

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Do you have an injunction or not?

 

 

It is very difficult to advise on this without more information. Do be careful using template POC from the internet - you need to make sure that you fully understand the law and what you kind of remedy you want from the court before you start litigation. I also note that the POC you posted seems to say that the Defendant is your landlord but your post suggests she is another tenant.

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Do you have an injunction or not?

I also note that the POC you posted seems to say that the Defendant is your landlord but your post suggests she is another tenant.

You are right, I changed in the template the first line to Harassment instead of Breach Of Quiet enjoyment of the property (which I believe is only when one make a claim against a landlord).

 

I have corrected the POC (that will be at the first page of the claim form N208 in the section 'Details of claim (see also overleaf)' in deep and my final POC is :

 

This is a claim for damages for Harassment under Section 3(1) of the Protection from Harassment Act. Pursuant to CPR 65.28, this claim is subject to the Part 8 procedure as it is brought under Section 3 of the Protection From Harassment Act 1997.

The detailed facts of the case is attached hereto as Annex A in the nature of a witness statement and is therefore incorporated herein by reference and as part of this claim form. Evidence are attached as Annex B of this claim form.

Herein Claimant is a private tenant under a valid tenancy agreement legally binding as of the filing of this claim.

Defendant is the Claimant's neighbour living in the same property. Herein claimant respectfully asks the court to cite Defendant for Harassment and ordered to pay appropriate damages.

Claimant hereby claims that, on numerous occasions, Defendant has engaged in acts of harassment which has caused the former stress, anxiety, and sleepless nights, contrary to s.3(1) Protection from Harassment Act 1997.

The expected value of this action exceeds £1,000 but does not exceed £5,000.

 

Thanks in advance to tell me if it is fine now.

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I can't tell you whether it is fine Emily because I don't know enough about your case. The POC seems to envisage that all the details of your claim will be included in Annex A and Annex B, so the content of these Annexes will be the key part.

 

Please be aware that you are following the Part 8 procedure. Despite the statement about the value not exceeding £5,000 you will not be in small claims track. This means that you will be ordered to pay the Defendant's legal costs if you lose the case. As the Defendant is using a solicitor, if you take this all the way to trial those costs are likely to be several thousand pounds. You are taking a huge risk so make sure this is properly thought through. Personally I would be seeking face-to-face legal advice before going any further.

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Hello, thanks for your time. In fact I wanted to be sure that I have filed the form properly since I have to file the claim by tomorrow (deadline given by the court). As you can see in my correction below, according to your last post I believe that the procedure/way I filed the claim form is now correct (independently to the content of Annex A and Annex B).

 

Correction of Particulars of claim:

 

I can't tell you whether it is fine Emily because I don't know enough about your case. The POC seems to envisage that all the details of your claim will be included in Annex A and Annex B, so the content of these Annexes will be the key part.

 

Please be aware that you are following the Part 8 procedure. Despite the statement about the value not exceeding £5,000 you will not be in small claims track. This means that you will be ordered to pay the Defendant's legal costs if you lose the case. As the Defendant is using a solicitor, if you take this all the way to trial those costs are likely to be several thousand pounds. You are taking a huge risk so make sure this is properly thought through. Personally I would be seeking face-to-face legal advice before going any further.

Edited by EmilyPink
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  • 1 month later...

Hi all,

 

I have received today a letter from the county court with the date at the top of 30 October 2013 while the letter itself is saying the following (terminating with a different and early date):

 

Claim Number : xxxxxx

Date : 30 October 2013

 

Before District Judge XXXXXX sitting at Lambeth County Court, Cleaver Street, Kennington Road, London, SE11 4DZ.

 

Upon the courts own initiative without a hearing

 

IT IS ORDERED THAT

The Claimant shall pay Defendant's costs assessed at £300.00 by 13 November 2013.

 

CPR 3.3 (5)

Because this Order has been made by the Court without considering representation from the parties, the parties have the right to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.

 

Dated 23 October 2013

I found this decision unfair and I would like to make an appeal for a new trial on the grounds of "error of law" or "abuse of discretion". Also, I would like to know if I can make an appeal for a new trial and the deadline for this appeal.

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