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    • You were asked for the particulars of claim, which I can’t yet see.    Posting your defence (without the particulars of claim) isn’t that helpful : the aim is to tailor the defence to the PofC, highlighting which areas aren’t in dispute (so the court doesn’t have to waste time on them, and can focus on the key areas), and which areas you can (as a matter of critical importance) show where the claim fails on matters of law.   ideally their PofC would be numbered, and you could go through line by line....   <\example> 1a) It is admitted a loan of £x,000 was granted on <date> 1b) It is denied the loan was made to Person X. The Claimant is mistaken, as in fact, the loan was made to Company Y. 2a) It is admitted in part that payments were made. To clarify, payments ceased on <date>. The claimant’s belief that payments were made after <date> is denied. 2b) Given more than 6 years have elapsed (with no payments nor admission of debt) ... <Staute barred text> (Points 3-7, more “denied”, “accepted”, “accepted in part, with bits denied”, and also “neither accepted nor denied, but claimant is put to strict proof thereof”) it might not be point 7, but you get the gist ..... In the alternate: (again, may not be point 8 but numbered sequentially and logically) 8a) It is admitted a note was signed by Person Z on <date> 8b) This note was not executed as a deed, and no consideration was received in exchange for it, thus no enforceable contract can be formed by it. 8c) Thus the claimant’s action in contract is fatally flawed, and bound to fail in the absence of an enforceable contract. 9) The Claimant's claim to be entitled to payment of £[insert figure from their  POC]  or any other sum, or relief of any kind is denied. <\end example>     The aim is to make it simple enough for a child to follow..... a) it impresses the court, b) it focuses on the key issues at law. Both of these are adding to your credibility and making it easier for the court to see the legal basis for your defence, altjough c) when faced with this the claimant may see sense and withdraw (although, after so long ... I somehow doubt it!)      
    • Thank you I have already started that process the universal credit housing costs won’t even cover half the rent and as you know this process takes a long time.   I am also pretty sure my landlords have a UK mortgage as they used to live in the house we now rent from them if this is the case would they be entitled to the same rights even though they are based over seas now?    
    • Hi, thanks again for your help. I'm a courier; the insurance companies always stuff us.   Thanks again for everyone's help, I'll keep the post updated.
    • This thread is dancing around a bit – and frankly so are you. The question as to whether or not it is worth bringing an action for £40 is completely up to you. You still haven't told us who the business is and I suppose that you are trying to protect them.  Very noble. Bravo You have absolutely the right to recover your £40. If you are dealing with a business then it is the legal responsibility of the business to get the delivery to you. Even if the item has been delivered to the wrong address, it is still up to the business to take responsibility. As I understand it, you have been trying to contact the business and there has been no response. I must say that simply this element of your transaction – the lack of engagement by the seller – the would make me want to hold him to account. If the seller started to engage in a reasonable dialogue with me and also appeared to take some responsibility such as checking up on the courier himself, I might feel less disposed to bring an action for £40 – particularly in the light of the current crisis when I'm quite sure that things will be more difficult and take much longer time. We all know that transactions go wrong and for me the test of a good business is their response when they do go wrong. Simply to fail to contact the customer in response to enquiries or to show any further interest I think is a real abrogation of responsibility. It is not at all consumer-facing and it is businesses with this kind of mentality that need to be brought to book.   However you have a fundamental problem – and it is that you don't know where your proposed defendant is. You don't know his residential address. You don't know his business address. You don't know where his assets are. Without this, your chances of enforcing a judgement are zero – and in fact despite the fact that you have the right to bring the claim, a claim must be directed to a proper postal address and you don't have the information so it will be impossible to issue the claim. You can certainly send your letter of claim by email – but what's the point? You won't be able to follow it up with the claim. If the seller has managed to transact business with you without disclosing any clue as to his whereabouts – and if he also fails to respond to any of your messages, then you are being mocked. You say that you are irritated. Doesn't this irritate your sense of principle even more? This is another reason why you should stop protecting the seller and let us know who it is. You may well find that somebody else will visit this thread and provide some useful information which will help to move you forward. You should also give us the name of the different company which appears on your credit card statement to have been the recipient of the money. This could be another way of tracking him down.
    • So claim Universal Credit, which can include private housing rent up the Local Housing Allowance limit.   Foreign landlords may have mortgage loans through offshore Banking arrangements, so not the same as UK residential mortgage.
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Tawnyowl

Online Sellers-Where do you sell and why-Any Tips-Advice-Experience of this perhaps.

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Old Tawnyowl here with entrepreneurial adventure number 966.

For various reasons,a small heart attack a while ago and i suppose slowly aging i had to change my life around.

Could not do what i used to do.It hurts a little but just the way,i miss my life in the construction industry and the people and customers i met.To myself it was fun and looked forward to going to work each day for many hours.

 

I find now after a few hours i have a little pain,probably due to the medication.Hospital and doctors says i am ok.

At the time i did not go on the sick but struggled on after coming out of hospital,not one of my better ideas.

Developed another small ailment that trapped nerves in my back and shoulder and had no choice but to go on the sick.

Ended up at the medical centre for a assessment as many do.Being chirpy despite a little pain i received 0 point,fit to work.

I wanted to work,many of us have that drive,it feels good to have a little money for lifes essentials.

Such as food,warmth,heating,and perhaps if lucky a outing or two.

 

My small business at the time was one of the top reviewed in the country,and no trickery could take place,things were checked carefully.

Anyway after ending up at the job centre the week universal credit arrived in town i was accepted.

Just did not seem to fit in,tried telling them about my ailments,not to avoid work but to find something that fitted to my new life.Say maybe 4 or five hours a day.I feel in all honesty i would be tricking employers applying for many jobs as i would be found out.

Do you want to be a Kitchen Porter,a Taxi Driver,a Tram driver,Conductor.

Nothing wrong with those jobs but knew i would not cope and maybe the medical for some would find me out.

And my mind is funny ,i worry about what ifs.The idea of a weakened heart and moving the public about things like that.

Hundreds were applying anyway,younger,fitter and correct for the jobs.

I got along with the staff,not all of them but most.But just did not fit in it felt that way anyway.

Nobody seemed to listen.

 

Finally the greatest idea came,would you like to be a security guard perhaps,go on a course get a card.

You felt obliged to apply for any job which is the way i suppose.If you do not all hell could descend on you.

There is no doubt i felt intimidated and just walked out feeling absolutely useless.After enrolling.

Excuse me sir would you not mind grappling with me i have a heart condition and please do not hit me with that bottle you have just nicked,my blood is a little thin,never mind chasing anyone thoughts were going round my head.

 

I saw some sad things that people this day and age should not be going through.

Phoned them up before the course and said i am off to take a chance.

You cannot do that you need to see a adviser specially trained for self employment,a business plan and god knows what else.Fair enough for younger ones who have no experience and young but i am approaching 61 and have a little experience gained over 40 years.

 

Which before i go on any longer i will have to mention my thoughts of a Basic Income for all.

Many things will have to be ironed out but seems a idea fit for today,never mind the future.

A idea whose time has come.

A thread discussing this idea for those that like a good read perhaps with a few laughs.Not all is serious.

http://www.consumeractiongroup.co.uk/forum/showthread.php?461005-Basic-Income-Guarantee-Do-You-Like-The-Idea-Any-Views-Have-Your-Say.

 

Now where was i up to i have lost track.

It was now a few years since the old heart decided to give me a shock and slowly had started propagating and collecting things over these years with a rough plan.

To set up a online business and the odd car boot and sell a few things.

Registered with the tax man and away i went.It had to work or else.

Maybe a year now.

I know perhaps this seems a little funny but here are my adventures in car booting for those that have not read it.

http://www.consumeractiongroup.co.uk/forum/showthread.php?464368-Car-Boots-Dealers-Stories-People-i-meet-and-more-you-can-join-in.Your-story.

 

Now this is what i am doing.You have to be pretty tough in business,so many ups and downs.

My idea online is to probe away,looking for weaknesses in things i know about,like certain plants.And other things.Online and who is selling them and then try to get a market share.As big as possible with stock you have.And at a fair price with reasonable postage costs.

It is funny if that is the word watching them watching me trying to outmaneuver me,Cockneys,and people from around the country wanting their share which is right.I know i am having a little effect.

One line has now reached a,do not laugh,perhaps up to around 20 pound a week with much more potential next year.

So obviously i am now probing elsewhere.trying things,trying to beat my competitors,checking things out,looking for weaknesses in my competitors as in my plant business.

But with larger potential.

 

Get perhaps 15 lines selling reasonable and you can see ,well in my lifestyle i will be like a contented cat.

So this is where your expertise comes in for those selling online wherever.

I know we do not like giving away places where things are selling well.

But have you noticed some online sites weakening and people moving to other places.

Things change so fast nowadays.

Any tips for businesses who are just getting going,perhaps setting up your own website to cut costs a little.

Where are the up and coming areas to try.The places to open a website and how.Not everyone knows and could save days making mistakes when time is so important.

I have written so much now i do not know where i started from.

Hope it makes a little sense.

Bye for now.

Tawnyowl.

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