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    • With regards to paragraph 1, having re-read what I believe to be the relevant exemptions for data disclosure, being subject to a civil action is not one of them. In fact I think as it is written the legislature leans in the opposite direction to your suggestion. It indicates that data controllers may only restrict access to a data subject in order to avoid obstructing a legal enquiry. (I find it difficult to imagine such a scenario but it has clearly been considered as a possible one). If you believe you are aware of such an exemption it would be useful to provide the basis for this in a post that everyone can see.
    • I'm struggling with the wording of my statement then.   So far I got:   The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made. ← do i need this? The Claimant wrote to the Defendant in August 2018 admitting they were unable to produce a copy of the Credit Agreement which they noted in paragraph 1 of their particulars of claim, and therefore the account they had on record was unenforceable, after the Defendant requested a copy. I have reason to believe the Claimant would only file a claim if the Defendant was unable to respond in order to win the judgment by default. The Claimant filed a claim using the Defendant’s previous address, and the Defendant was only made aware of the judgment after checking their credit file. The Claimant sent a letter dated 27 October 2021 to the Defendant’s current address only twelve (12) days after filing the claim to Defendant’s previous address therefore showing they were aware the Defendant had changed address.   Any tips?
    • I accept the point you have made in paragraph 2 and I am aware of the risks I will incur at any hearing. However the opposite side of the same argument is that Lloyds will have to claim they have no liability whatsovever as the card services provider in a scenario where clearly there was a breakdown of payment services between themselves and the merchant.   The Court may decide against me for not exhausting all options or it may accept that myself and this particular merchant are in dispute and there was no reasonable prospect to recover the money. Regardless of those options (which is exactly what I consider them to be options - not obligations), I am of the opinion Lloyds Bank is still liable as a card services provider and if I am successful it will have wide reaching implications on their policy of attempting to fob their customers off whenever they induce preventable mistakes and refuse to correct them.   To put it another way, if you have a dispute with an energy company you can use the Ombudsman Service, or you can forgo it and proceed to court. I have forgone my option of a section 75 claim and wish to hold Lloyds liable. I believe I am only afforded the option of a section 75 claim as a result of the Consumer Credit Act - although this could be an error on my part. And that banks prefer their customers to pursue merchants in full knowledge they are equally liable. After a lengthy discussion with HSBC regarding the same issue they attempted to fob me off with a similar excuse that I am subject the conditions of Master Card or Visa or whichever company it may be. They attempted to do this by simply referring me to a webpage that does not form any contractual agreement or present itself as terms and conditons to be accepted by me. I totally disagree with the positions of both banks, if I have entered into agreement and hold an account with Lloyds, I believe all my dealings are be conducted with them and whatever agreements they have with another payment service they intertwine with is a matter for them. My credit card agreement is with Lloyds not Master Card.   Both myself and Lloyds will be risking something if this proceeds to Court. I have accepted that and there are few causes worth pursuing that do not carry inherant risk.
    • Hi, thanks for replying. Your help would be really appreciated. The arrears are 4 months worth of payments. I haven’t received the defence form as yet.
    • So the dealers aren't interested It doesn't matter, as you already understand the liability rests fully with the finance company and frankly I think that you are probably waited long enough because nobody seems to be committing themselves to sorting the problem out. There are a couple of technical problems that you need to understand. A quick of English law is that you must actually have suffered a financial loss in order to bring action. Although clearly the damage the engine represents a substantial amount of money – it isn't actually money. Normally speaking if you're suing for breach of contract you would have to demonstrate a pecuniary loss and that means that you would actually have had to spend the £8000 to repair the vehicle and then claim it back. I think that the county courts are sufficiently modern-minded that they may run with it anyway but I would be surprised if your hire purchase company objected in the first place to bring an action for the value of work which had been carried out. The second thing though is that if you are not actually out-of-pocket then you won't be able to claim interest. The County Court rate of interest at the moment is extremely high comparatively speaking – it is 8% simple. You won't get that rate of interest anywhere else. If you simply sue for the value of the repair without having spent the money, then assuming that nobody raises some technical legal objection, then all you will be able to recover is the £8000 for the repair and no interest. If you spend out the £8000 now and have the car repaired then you will be to recover that money +8% until the money is repaid to you. Of course the hire purchase company won't actually want to go to court about this and eventually they will pay. However they will simply try to pay you your net sum – but if you have actually started proceedings then my advice would be that you should stand your ground and tell them you want every last penny including the interest – as well as your court fees. There may be other losses which you are incurring why this car is off the road. Presumably you are paying insurance. Presumably also you are paying road tax. You have an alternative vehicle so you aren't really in a position to claim for alternative transport but on the other hand if the loss of this vehicle is costing you anything else then we need to know about it. You certainly need to calculate a daily rate for the insurance which is basically money thrown away and also a daily rate for the road tax which is also money thrown away. If there are storage fees then they should be recoverable as well. My recommendation to you is that you get the work done after having given proper notice to the hire purchase company that this is what you going to do and that you are then going to see them to recover the money. Let us know what you think about this. Have you asserted your right to reject?  
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Won't refund deposit - thinking of legal action through small claims


hannanshah
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We had a quote for some wedding decor at a wedding by an events organiser. A formal quote of £2,000 was agreed and this was emailed to us. We agreed to this and sent a £300 non-refundable deposit by bank transfer.

 

The organiser then decided to raise the agreed price to £3,000. We then requested that we weren't going ahead any more as the agreement had been broken. Initially the contact agreed to refund the deposit but is now refusing.

 

We have made alternative arrangements and our argument is simple. She broke the original agreement by demanding a higher price after we had paid the deposit. She then agreed to refund the deposit. The agreement had ended.

 

She is now saying that the agreement is still in place and she can either deliver what we want for £2,000 or not go ahead but the deposit is non-refundable. We say that the deposit is only non-refundable if we had broken the agreement. We are not using her as we have made alternative arrangements. All of these discussions are on text messages.

 

I now want to send a formal letter before court action demanding that the deposit is refunded as our agreement ended when she raised the price after we paid it and later agreed to refund the deposit.

 

One thing I'm not sure about is who I would claim against in the small claims court if it went that far. The events organisation isn't a company. Can we still issue the claim against the organisation or will I have to sue the individual we are dealing with (the payment was made to an account in her name)?

 

If we have to target the individual can we use the business address as we obviously don't know her personal address?

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All of these discussions are on text messages.

does that include her saying that she will refund the deposit?

what was contained in the quote re deposits.

if theres no formal company, then seems a sole trader.

is there a website?

IMO

:-):rant:

 

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As they broke the contract, I don't think you will have any problems getting your deposit back should they receive a court summons.

 

Send a letter by recorded delivery saying they ended the contract and another supplier was found. Request a return of your deposit by 7 days. Don't be overly hard but don't be soft either.

If they say no to this, then you send another letter headed 'Letter Before Action' and give them another 7 days ending that action will be taken for recovery, if the deposit is not returned, and without further notice

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Where you are suing a trader who has not incorporated a company, you would normally address your letters and court proceedings as follows: 'Sarah Smith t/a Wonderful Wedding Services'

 

The t/a means 'trading as'

 

You can issue a claim at her business address. See https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.9.

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