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    • Above the excellent paragraphs that dx has posted up, add   "I did not receive court papers and was therefore unable to defend the claim because from xxxxx to xxxxx I was away from my address due to the recent lockdown.  I was staying with my elderly mother at xxxxx".
    • Received a letter today 07/07/2020 from a collection agency (MIL collections) for an outstanding debt of £215.00 which they claim was owed back in 2016.   I have never had an account with Shell Energy and presume that they are claiming in the capacity of the former company they took over from First Utilty?  I did have an account with first FU in 2016 however I have documentary evidence proving that I paid in full and final settlement. My question is    1. Are they still allowed to chase after 4 years?   2. Is it legal if they are now a different company ?   3. what should I do next if anything?  I have contacted MIL collections (Truro Cornwall) informing them of this to which they seemed very uninterested and tried to pass the buck.   Any comments or suggestions gratefully received.  Thank You
    • By the way – here's a troubling little question: – If the puppy were to be returned to the breeder, the breeder now finds that they have on their hands and unsaleable puppy. What do they do? Put it down? Abandon it to a rescue centre? I think that when people decide to buy designer animals, then they need to reflect on this.   It may become a loving pet to the new owner – but maybe it is simply "goods" to the breeder.
    • Providing the statement (notice) is served within 6 months of the default charge/s....so technically yes  I suppose they could serve notice that way providing that said statements are given promptly ...monthly bi monthly etc.   I really wouldn't be digging too deep into the legislation...keep your claim to a general holistic claim
    • I know that it sounds extraordinary that one could bring a claim for far more than the cost of the goods or the service – but I hope you won't mind me saying that you have misunderstood the purpose of contractual damages. It's all about remedying the breach. This means that if you sue in negligence or some other tort, to remedy the breach you have to put the injured party back into the position that they were in before the breach occurred – so that effectively there is no breach. Contract damages are intended to remedy the breach. This means that you have to put the injured party into the position they would have been had there been no breach. The parties intended that there would be a sale of a dog without any existing defects. The breach of contract was that the dog came with defects. In order to remedy that breach and put the dog into the condition that it should have been – that both contracting parties expected it to be in – in other words with no dental problem, it means that damages will have to be calculated according to the cost of putting that defect right. I know this might sound strange that you could claim such a high amount – and I'm sure that a judge would be very cautious and worried about it but if the level of damages could be properly substantiated then I think the judge would have no option. If you'd like to look at a similar disproportionate level of damages – but which might be more palatable to you, imagine wedding photos. You commission somebody to take photographs of your wedding – and in fact because of some failure by the photographer, none of the photographs come out. The cost of the photographer might have been £500 for the wedding. Are you entitled to claim your £500 back? Yes of course. However does this compensate you for the loss of these photographs which were intended to become a special souvenir of this once-in-a-lifetime experience and which would be circulated to friends and also passed on to children and grandchildren. No, £500 certainly doesn't. Of course assessing the value of lost wedding photographs is going to be very difficult but at the end of the day, a judge will have to come up with a formula. Normally speaking if you sued for loss of wedding photographs then you would have to claim for a sum "not exceeding £X X X – in the discretion of the court". In fact dealing with this puppy is far easier because you are not speculating on the value of the bonding and the irreplaceable nature of the puppy. You are simply coming up with the cost of necessary dental work to put the dog into the condition that it should have been had there been no breach of contract. It's much easier to calculate this loss then it is to calculate the loss of wedding photos – but I will bet anybody who reads this, that you will find it far more acceptable to claim for the sentimental value of lost wedding photographs then you will to claim for the cost of repairing a dog's dental problems.  
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MrNumbskull

Part 36 offer

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A month ago I had a mediation appointment, where the defendant made me an offer of 20% of the claim value, which I refused.

 

As of now, there has been a change in circumstance where it is no longer necessary for me to pursue the claim. (The claim was for a poor car repair, but I have sold the car without having the work re-done). This leads me to consider that there isn't any 'loss', i.e. I am not out of pocket because I did not have the work done elsewhere. The only consideration is the time and grief involved.

 

I understand that anything discussed / offered during mediation is confidential, but, I would like to write to the defendant and accept this offer. The amount is very low and was the first offer made before I terminated the mediation, so I doubt that there will be any refusal on the defendant's part.

 

But, should the defendant refuse, I want to be able to show that I have offered to settle for a low amount, but that amount was discussed in mediation which I cannot mention.

 

I have also read that part 36 offers do not apply to small claims in this document under 'Timing of Part 36 Offers': http://www.stevens-bolton.com/files/8314/5286/2519/part-36-client-guide--april-2013.pdf

 

Have searched here but not found anything relevant.

 

Thanks

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Hi Mr N

 

Did they actually state it was a Part 36 offer and do you have it in writing as conformation ?

 

Regards

 

Andy


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Because it was mediation, I didn't speak to them. The mediator went between parties on the telephone. I am quite sure that Part 36 was not mentioned at all. I do recall that 'without prejudice' was mentioned though.

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I doubt it was also....just negotiate a settlement and then you can either discontinue your claim or finalise it by way of a Consent Order.

 

Andy


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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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