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    • Please answer the questions that have been put to you above – particularly as to the identity of the company. Also please confirm that the installation and supply has been done by the same company – although the draft letter that you have uploaded seems to suggest that. The letter is okay but it really would be much better if it referenced your six month right to reject the goods subject to an opportunity to repair. In other words you should be invoking the consumer rights act – as you have done but you should point out that is the defect has materialised within the first six months of the date of the contract you are now asserting your right to reject the goods subject to their right to make a single attempt to remedy the situation. On the basis that there seems to be some resistance from the installer, you may as well set out now that if they will not honour their statutory obligations under the consumer rights act that you will then get your own inspections carried out to see whether either the situation can be remedied or whether there has to be a completely installation and then a purchase of a new system elsewhere for reinstallation. Point out to them that although you will keep them notified that all times, if there are any costs incurred as a result of independent inspections that you would look to them for reimbursement. Furthermore if you are obliged to incur expenses to address the defects in their installation you will be looking to them to reimburse those expenses as well. Finally point out that if independent inspection eventually decides that the entire installation has to be removed and replaced that you will be looking to them to reimburse these costs as well. I think it's important this point for us to understand who your contract is with.  
    • I'm wondering whether you would be interested in spending a small amount of money bringing a legal action against this company in order to test the water – a sort of Pathfinder. We want to minimise your losses in the most likely event that you would not be able to enforce the judgement that we would want to maximise the risk and liability for them. It is clear that you are the owner of the vehicle and it is clear that they are depriving you of the use of it and by withholding it from you they are treating it as if they were the owners. There is a tort called "Conversion" which is where you do somebody wrong by treating their goods as your own. It is pretty well the civil equivalent of the crime of theft. "Conversion" refers to the act of converting your ownership into their ownership. It seems to me that that is what is happening here. You could bring a small claim in the County Court for conversion. Damages for conversion are awarded effectively for the insult of the fact that your ownership has been interfered with. This means that the damages don't necessarily have to reflect your actual losses and when one makes the claim in conversion, one generally identifies an upper limit for damages and asked the court to exercise its discretion in making its award. You could bring an action in conversion for anything from, say maximum damages £50 – to thousands of pounds if you wanted. Bringing an action for a large sum would incur greater costs. I don't see any point because as I said, the chances of enforcement are very slim. However, it might be interesting to sue for conversion damages not exceeding £650 in the discretion of the court. If you are awarded £600 or more then you could instruct High Court enforcement officers to enforce the judgement. These people have enormous power and they don't stand for any nonsense. Also the cost of enforcement by High Court enforcement officers is expensive but this would be borne by the defendant. Although this wouldn't provide any instant solutions for you, it would be interesting to see what the response of the seller might be – if anything. It might even prompt them to refund your money – although don't bank on it. The cost of bringing an action for conversion for damages not exceeding £650 would be £70 to begin the action and then a hearing fee of £80. The cost of attempting to enforce the judgement would be £66. As I said, you may consider that this would be throwing good money after bad but it might produce some interesting results. If they defended the claim then you are probably be risking all of this money – about £210. If they didn't defend the claim then you wouldn't pay the hearing fee – although the rest of the cost would have to be incurred. Please think about this. Frankly as far as I can see it is the only way you might be to make some kind of progress.
    • When she died us 3 wives of her sons were offered to choose a piece from her vast collection.  I chose this piece. When I told my husband I wanted out, I asked if I could keep the piece and he said no.  He still has a key to my house and I did say he could come whilst I am out to collect his things but I may just rethink that! 
    • I think we need to see the RAC report We need to see the advertising which was used to sell the car We need to see the exchange which you have already had with the dealer.   We will also need to see this invoice or other evidence that people are relying on to suggest that it is a trade sale. Please can you post these documents up in PDF format - single file multipage. The right way round and in the correct order   Also, it is likely that you will have to litigate on this. Are you prepared to do so? Are you happy to do it on your own with our assistance?
    • Read carefully as it is a badly formatted document.  It says weekly total for whole year and that from April 2021 you will be paying £111.60 per week in total.   Seems quite reasonable to me £101.23 rent per week and £10.37 services charges per week.   For this type of Housing they have agreement with Government that the increase in rent including services charges will be below a certain percentage.     
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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I hired an accountant to do my books now being taken to small claim court - timelines


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I hired an arbitrator as an ADR between me and my accountant.

 

However it turns out that the contract between me and my accountant does not have a clause for arbitration.

 

The arbitrator took on the job without checking this.

 

He says he doesn't work for free!

 

Given that almost all other professionals would do such a check, as it saves a lot of time

- is there is legal requirement for him to do this check?

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Do you actually mean 'arbitration'? Or do you really mean 'mediation'? They are very different!

 

If both parties agree to submit the case to arbitration or mediation, it doesn't matter whether there is a mediation/arbitration clause or not.

 

The arbitrator/mediator should be paid for work you asked him to do. It can't be very much if the case did not proceed to a mediation/arbitration hearing?

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  • 5 months later...

Hello,

 

I am being taken to court for non payment of fees. I received a notice of allocation to the small claims track (hearing) in December and it stated that the claimant had till the 8th feb to pay the court fee. On the 7th feb, the claimant wrote to me asking me to settle his costs before he paid the court fee the next day, but I refused.

 

It is now the 22nd and I had heard nothing about this from the court. However the claimant wrote to the court today asking for a postponement for the supply of his evidence (which is in for this Monday) as his mrs has gone into hospital.

 

This is unfair, I have not been made aware that the court case was going ahead (by the court admin). Nor was I told by the claimant that he would definitely be putting in a claim. I am now at a disadvantage as I have not been given adequate time to prepare- compared to the defendant.

 

Can anyone advise if I can get this thrown out as a result of the above, or any other court rules that the court admin and claimants must abide by in terms of informing the defendant within set deadlines?

 

many thanks

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I hired an accountant to do my books. I believe he has overcharged me. I paid him £600 for his work, but he claims I owe him another £1200. I told him no, but he has taken it this far. I plan to use the consumer protection act, I do not believe he used reasonable skill and care when carrying out his work. I hope I have covered everything!

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Thread moved to General Legal Issues Forum...please continue to post here to your thread.

 

 

 

Regards

 

Andy

We could do with some help from you.

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All parties must comply with the court directions as per the dates set...only if parties agree between them selves and permission asked of the court would it be considered...otherwise sanctions can be imposed on the the party for none compliance...IE Strike out of the claim/defence.

 

 

Andy

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All parties must comply with the court directions as per the dates set...only if parties agree between them selves and permission asked of the court would it be considered...otherwise sanctions can be imposed on the the party for none compliance...IE Strike out of the claim/defence.

 

Andy

 

thanks Andy, so what you are saying is that the claimant needs my permission as well to get the extra time? Why on earth would any defendant agree to that?!

 

also is my defence that the court admin have not informed me that the matter has progressed to court or/ and that the claimant has not providing their evidence (but considering I haven't either)?

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I expect Andy will be back later.

 

Don't you like the earlier advice?

 

HB

 

No its not that. What am I unsure about?

 

1. Even though claimant has missed the deadline, so have I! Will that go against me?

2. Was I meant to have expected to create my evidential case/documents, without even knowing that the claimant had paid the court costs? No one informed me that the defendent had paid court costs as per the n157. Had I been informed, I would have have produced the evidence and sent it off to the court.

3. Is it enough that the claimant has not followed the court's direction, for it to be thrown out?

 

just unsure about it all. Like some others, I get nervous whenever I think about going to court!

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thanks Andy, so what you are saying is that the claimant needs my permission as well to get the extra time? Why on earth would any defendant agree to that?!

 

also is my defence that the court admin have not informed me that the matter has progressed to court or/ and that the claimant has not providing their evidence (but considering I haven't either)?

 

I assume you must have completed a DQ Directions questionnaire for the claim to be allocated...for the N157 to be issued (Notice of Allocation) ?

 

That is conformation the claimant wishes to proceed.The claimant does not have to respond to your defence directly..thats later in the process.

No its not that. What am I unsure about?

 

1. Even though claimant has missed the deadline, so have I! Will that go against me? Possibly why have you not complied with the directions by the date stated ?

2. Was I meant to have expected to create my evidential case/documents, without even knowing that the claimant had paid the court costs? Yes the hearing fee is separate to directions and not really your concern No one informed me that the defendant had paid court costs as per the n157. They dont its not your concern but if you ring court and enquire they usually tell you Had I been informed, I would have have produced the evidence and sent it off to the court. See above they are not compelled to tell you that is between the claimant and the court

3. Is it enough that the claimant has not followed the court's direction, for it to be thrown out? Yes it is and so is your defence because neither have you followed directions

 

just unsure about it all. Like some others, I get nervous whenever I think about going to court!

 

 

Andy

We could do with some help from you.

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I assume you must have completed a DQ Directions questionnaire for the claim to be allocated...for the N157 to be issued (Notice of Allocation) ?

 

That is conformation the claimant wishes to proceed.The claimant does not have to respond to your defence directly..thats later in the process.

 

Andy

 

Thanks for the reply andy.

 

Yes I completed the DQ.

 

Why didn't I comply with the directions? I assumed the court would tell me! I did try calling the court on the last day of payment, but I was holding on for 30 minutes before I was cut off!

 

Why didn't I spend a few hours compiling the evidence not knowing if there was a case? I wanted to save myself a few hours!

 

Having taken this from another post, could you please confirm this is okay?

 

Dear Sir/Madam,

 

further to the order dated 7th December made by District Judge xxx which gave the following direction to the claimant xxx:

 

Page 2, point 6. Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than 14 days before the hearing.

 

I am sympatheic to the claimaints plight and I wish his wife no ill will, however it must be noted that the claimant had 13 other days in which to put his evidence together. The claimant has failed to comply with the above order and no documentation has been received by me by the deadline set of 22/2/18 at 10am, as the claimant has failed to produce any documentation and therefore broken the terms imposed by the court I am requesting the case be struck out.

 

Yours Faithfully,

 

 

 

 

 

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Why didn't I comply with the directions? I assumed the court would tell me! I did try calling the court on the last day of payment, but I was holding on for 30 minutes before I was cut off!

 

They already have informed you in your Notice of Allocation...hence the N157..the Directions and when both parties must comply by.The directions are not issued on the basis of the claimant paying a hearing fee and if they didnt or are late that the directions would not apply to both parties

 

Why didn't I spend a few hours compiling the evidence not knowing if there was a case? I wanted to save myself a few hours!

 

Well its obvious there is a claim..you submitted a defence in response ...by not complying and not submitting your evidence in support of your defence..you have now put your defence at risk of being struck out as per the instructions stated with in the NoA (N157).

 

Defending a case successfully does not rely on whether the claimant complies with directions and if they dont neither do you.

 

 

Dear Sir/Madam,

 

further to the order dated 7th December made by District Judge xxx which gave the following direction to the claimant xxx: Not to both parties ...thats you also ?

 

Page 2, point 6. Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than 14 days before the hearing.

 

Directions work on simultaneous exchange as not to allow one party to have an unfair advantage.

 

 

 

I am sympathetic to the claimants plight and I wish his wife no ill will, however it must be noted that the claimant had 13 other days in which to put his evidence together. The claimant has failed to comply with the above order and no documentation has been received by me by the deadline set of 22/2/18 at 10am, as the claimant has failed to produce any documentation and therefore broken the terms imposed by the court and so have you I am requesting the case be struck out. And the claimant can ask that your defence be struck out also for the same reason

 

 

If only you had complied irrespective of waiting to see if they paid the fee...the above would be slam dunk...because you complied and the claimant failed.

 

Regards

 

Andy

We could do with some help from you.

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Thanks for the reply andy.

 

Yes I completed the DQ.

 

Why didn't I comply with the directions? I assumed the court would tell me! I did try calling the court on the last day of payment, but I was holding on for 30 minutes before I was cut off!

 

Why didn't I spend a few hours compiling the evidence not knowing if there was a case? I wanted to save myself a few hours!

 

Having taken this from another post, could you please confirm this is okay?

 

Dear Sir/Madam,

 

further to the order dated 7th December made by District Judge xxx which gave the following direction to the claimant xxx:

 

Page 2, point 6. Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than 14 days before the hearing.

 

I am sympatheic to the claimaints plight and I wish his wife no ill will, however it must be noted that the claimant had 13 other days in which to put his evidence together. The claimant has failed to comply with the above order and no documentation has been received by me by the deadline set of 22/2/18 at 10am, as the claimant has failed to produce any documentation and therefore broken the terms imposed by the court I am requesting the case be struck out.

 

Yours Faithfully,

 

 

 

 

 

 

 

Don't you have any evidence to disclose?

 

An extension of time would benefit you too presumably.

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Based on what you said above, this hearing is taking place on 8th March... Upon reading the letter the Court will do one of two things... ignore it.. or adjourn the hearing to another date.

 

My suggestion... get your evidence together and get it to the Court and the other side. As soon as you can.

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