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    • As I recall the only thing you tried telling us was based on a quote that you selectively edited by Lord James of Blackheath. You misrepresented it as a statement of fact when it was actually a question which was laughed at by his peers in the House of Lords.  We told you it was garbage, you asked us to prove it and we did.   Remember?
    • you need to realise that for every person that does come to CAG and register and tell their story...there are poss 10'000 that don't but search the interweb whereby threads that are here pop up relating to like issues they are searching upon.   Most CAG siteteam and many other registered Caggers give advice that bears this in mind and post information which not only informs the starter of a thread upon what to do, but also takes into consideration the readers from the interweb that also read the relevant advice given that might not be brave enough to register and fess up.   to that end, there is very little alternative than to appear to give 'grief' [you deserve it - tough] to a cagger should certain previous advice not have been followed.....yours is a very classic case of such. hey I've found a backdoor CCJ.   to put it bluntly, had you have followed such previous advice, you most certainly would not be in the situation you are in here now.. .so by example, not giving you grief, for future readers...………..   ...never ever move without informing a debt owner of a move of address on any consumer debt that you last used or paid within the last say 7yrs. your credit file is a major key to ascertaining that information.... .but don't just read this advice come to the consumeractiongroup.co.uk website and let us help.   lecture over... what can you do..or more importantly....what can a claimant do now they have a default forthwith judgement against you. well we can't guess.... they might simply ignore it as 1000's of people with CCJ's find out..but it becomes an issue should you wish to say get a mortgage, remortgage or further credit.   i'm not going to enter into any of that here...that's for the reader to start a thread here and seek advice on their individual situation specific to them as you have done....   so...  bearing the all of the above in mind...over to you with regard to this backdoor CCJ.   as for the other debts that you didn't action before...go read your old thread and action what appropriate advice is given there for each type of debt that has been given should you wish to avoid any further backdoor CCJ's.   dx                    
    • hello my very good helpful friend. I am afraid to say that i did not. As i did not realise the relevance of it.   Should i be doing this right now of anyone on my credit file ?   Plz don't give me grief if u have already advised me...   do i do the ccs request now to everybody in that thread ?    
    • aha busted and stupid ...no wonder you've got mixed information here. never trust anything they say ..they have a very bad reputation for stating the truth.   now can you go get your credit file please..   there are cases whereby a council on historic CTAX debts do go for a county court CCJ, but a liability order from a magistrates court has far more clout legally than a county court CCJ and i've never heard of a court sending a bailiff out for 'multiple' CCJ collection.   me thinks he is pulling the wool here a bit and has looked at your credit file and seen CCJ's too so thought he'd chance his arm and use those as further leverage.   don't worry about the sat visit simply ignore do not answer the door if he appears. your task is too gather data at present.   credit file please..        
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noomill060

Claim for personal injury to eyes

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In May 2015 my friend's neighbour fitted a new steel railings at the front of her house. The railings were welded up by her father, so owner of property has vicarious liability.

 

 

The railings form the boundary between her property and the pavement and there was no barrier sheilding the public from the flash of the welding arc or the metal fragments from the grinder used to tidy up the welds.

 

 

well, you guessed it, my eyes were caught by the welding flash and suffered retinal burns in both eyes and pitting to both eyes from the metal fragments .Very painful. Attended A&E, got treatment and antibiotic for the infection from the metal fragments.

 

 

Cleared up within a week.

 

 

The paintwork and windsreen of my car was also showered with hot metal fragments. Sorted out the paintwork myself, but the windscreen is covered in tiny pits. Noticable and distracting when driving into the sun.

 

 

Written LBA to owner of property but no response. Told owner at the time, response was to go forth and multiply.

 

 

Time to sort this out before three years is up. Medical report of examination obtained from A&E visit in 2015.

 

 

Prob is, I'm in N.Ireland and defendent is in England. Need a little advice on N1 claim form.

 

 

Do you need to include full POC with N1 or a brief outline with full details and evidence included at Allocation stage?

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First thing to ask is what exactly are you claiming for?

Property damage/Personal Injury or both

The property damage will be a straight forward Money claim online but the personal injury might be difficult and if it was me instruct a solicitor over the water

 

Just my opinion though

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Both, but primarily damages for personal injury.

 

 

I contacted a no win no fee company, but was told award would be less than £1k so they werent interested. Suggested N1 and small claim.

 

 

Just a bit awkward doing a claim in England through English system whilst in another UK jurisdiction. I sure it can be done. Just wont be able to attend the court myself.

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No win no fee sols not interested. Award would be less tha £1000.

 

 

More bothered about eye injury. Both heads of claim would be included in one claim

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In May 2015 my friend's neighbour fitted a new steel railings at the front of her house. The railings were welded up by her father, so owner of property has vicarious liability.

 

 

The railings form the boundary between her property and the pavement and there was no barrier sheilding the public from the flash of the welding arc or the metal fragments from the grinder used to tidy up the welds.

 

 

well, you guessed it, my eyes were caught by the welding flash and suffered retinal burns in both eyes and pitting to both eyes from the metal fragments .Very painful. Attended A&E, got treatment and antibiotic for the infection from the metal fragments.

 

 

Cleared up within a week.

 

 

The paintwork and windsreen of my car was also showered with hot metal fragments. Sorted out the paintwork myself, but the windscreen is covered in tiny pits. Noticable and distracting when driving into the sun.

 

 

Written LBA to owner of property but no response. Told owner at the time, response was to go forth and multiply.

 

 

Time to sort this out before three years is up. Medical report of examination obtained from A&E visit in 2015.

 

 

Prob is, I'm in N.Ireland and defendent is in England. Need a little advice on N1 claim form.

 

 

Do you need to include full POC with N1 or a brief outline with full details and evidence included at Allocation stage?

 

 

Hi, a couple of questions if you don't mind.

 

Who do you intend to sue?

 

Why do you think the homeowner is vicariously liable for her father's actions?

 

How is the Defendant in England if you live in NI?

 

Where were you and what were you doing when the injury occurred?

 

Why were you looking directly at the flash?

 

Does the Defendant have insurance or the means to pay you even if you win?

 

Have you got an independent medical report from an appropriate medico-legal expert?

 

If you can't attend Court yourself then you are not going to win your case as not turning up at the trial is likely to result in your case being struck out.

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I intend to sue the householder. They have VL due to the father acting as their agent or servant, not as as an independant contractor.

 

 

The negligent act occured in England.

 

 

I was walking on the public pavement, the welder struck the arc without warning or consideration.

 

 

No idea if householder has means to pay, happy with whatever judgement I get, if any. Need justice, cannot let this go unchallenged.

 

 

Have doctors report from a&e with diagnosis and diagram of injuries to eyes.

 

 

Understand that court will hear case in absence due to expense of attendeding. If I attended it would add several hundred pounds due to travel- ferry/ fuel or flights, accomodation/ meals etc

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Also took photos at the time, father grinding away on welds. i'll put it up here when I remember how!

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No idea if householder has means to pay, happy with whatever judgement I get, if any. Need justice, cannot let this go unchallenged.

 

What benefit do you get if you get a judgment in your favour but can't enforce it?

Is that "justice"??

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I intend to sue the householder. They have VL due to the father acting as their agent or servant, not as as an independant contractor.

 

 

The negligent act occured in England.

 

 

I was walking on the public pavement, the welder struck the arc without warning or consideration.

 

 

No idea if householder has means to pay, happy with whatever judgement I get, if any. Need justice, cannot let this go unchallenged.

 

 

Have doctors report from a&e with diagnosis and diagram of injuries to eyes.

 

 

Understand that court will hear case in absence due to expense of attendeding. If I attended it would add several hundred pounds due to travel- ferry/ fuel or flights, accomodation/ meals etc

 

 

Not sure that the householder is vicariously liable for her dad helping out.

 

You need a proper medico-legal report. Your hospital records are not going to be sufficient.

 

You also can't just not turn up to the trial. It's your claim and you are the Claimant.

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Also took photos at the time, father grinding away on welds. i'll put it up here when I remember how!

 

Did you take the photos ?

 

The Judge and anyone defending will ask the question about how you managed to operate a camera device, if your eyes were so badly affected.

 

If you suffered any injury due to lack of duty of care, you would have to sue the Father, not the householder. It will be an issue of personal liability.


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Have seen a solicitor for advice about vicarious liabillity, I do know what I'm on about.

 

 

He said ask for £5000 and leave the amount awarded to the judge.

 

 

Just asking about N1 forms and protocol- no experience of E/W claims. Thats all.

 

 

N.Ireland has a much easier to use small claim system, but as its an individual in England I'm chasing, I cant do it through the N.Ireland court system.

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Have seen a solicitor for advice about vicarious liabillity, I do know what I'm on about.

 

 

He said ask for £5000 and leave the amount awarded to the judge.

 

 

Just asking about N1 forms and protocol- no experience of E/W claims. Thats all.

 

 

N.Ireland has a much easier to use small claim system, but as its an individual in England I'm chasing, I cant do it through the N.Ireland court system.

 

 

You should read up and check the advice on vicarious liability before starting your claim.

 

You should also look up if you need an English/Welsh service address if you are making the claim from NI.

 

If you intend to issue one anyway, you need to complete the N1 and enclosed a full particulars of claim with all the details of the accident and allegations of negligence. You also need to include a medical report, not just your medical notes.

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Thanks ganymede, thats all I wanted to know.

 

 

My N.Ireland solicitor knows all about vicarious liability, but cant do anything for me in the English courts as its a different juridiction.

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Thanks ganymede, thats all I wanted to know.

 

 

My N.Ireland solicitor knows all about vicarious liability, but cant do anything for me in the English courts as its a different juridiction.

 

Please also read up on it yourself beforehand though, along with my other suggestions.

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