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    • Can you tell us the gym location.   Have a look at their sign-up page and see if this helps you remember what you may have signed up to.   The gym I looked at has not rolling monthly agreement showing so I assume you joined for 6 or 12 months. The monthly fee differs depending on your choice.   In any event, just ignore the demands for now and don't reply in any manner.
    • said this within the 1st 5 posts but....   cant see how the time you bought the permit and  the time your arrived at the barrier where this all occurs has to be such a big secret??   we are now 34 posts in 3 days later  and still you wont tell us??   is it because this was all within the peak period time which sort of blows most of your beef out the water I wonder?? it makes no odds to us, but you DID come here for help...…….   hiding parts of your story doesn't help you and makes people doubt your whole story... you are entitled to a refund, yes.    
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    • I'm not sure what help you need.  Also I don't think anyone is blaming you - they're simply asking for more information and clarity from you in order to try to assist.  (Difficult for you if English is not your first language).   As I understand it, the staff at the gate did offer you a refund but because you were not entirely satisfied with their attitude there was an "exchange of views" and you got escorted off the station without the refund.  Correct?   I'd simply write to the TOC's customer service people and ask for a refund.  Explain everything simply and in chronological order including what type of ticket you did or did not buy (you could perhaps use my post #27 as an outline but leave out my question about why the ticket office could not refund you).  I don't know what you say about being escorted off the station - perhaps that there was confusion because English is not your first language and the gate staff must have believed you were being too confrontational?  I don't know...   I would not complain about the gate staff and I would not raise the issue of how many other people this may happen to.   Just concentrate on getting the refund
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Kiss21

Building management dispute due to the loss of my parcel and small claims court process .

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Hi to all.

 

I am going to try and keep this very simple and brief.

 

I was sent a package/gift by my relative. So it was not a online purchase or any of that sort

 

The item was delivered to my apartment complex via Royal Mail signed for service and was received by the concierge who signed for the item and made a log of my parcel and put in a delivery note via my letter box. However when I went to collect my parcel it had disappeared from a secure parcel room. I am not here blaming the concierge stealing the package all I am saying it just disappeared.

 

I spoke to the building management and put in a formal complaint.

I contacted the police also who could not do much at this point as no proof of who took the parcel.

 

I wrote endless letters of complaint to the building management company of my apartment complex.

Who ignored my complaint s and never responded.

 

I then did a subject access request for the office log sheets containing the acceptance and delivery of my parcel even then they ignored and after my letter to management stating I will make a complaint to the ICO they sent me the documents.

I then wrote to the CEO of the company and yet received no response.

 

I had no choice other than to seek financial claim of my missing item via the small claims court. £ under 5000 claim.

 

So

 

The Small Claims court acknowledges my claim and gave until 1st of October for the defender the building management company to acknowledge and put in a defence to my claim.

 

I rang the small courts/money claim centre on the 2nd of October who said they have received no information from the defendant however they are 5 days behind.

 

i had to wait until 7th to find out if they had received any correspondence.

I ring up on the 7th and yes they have not received any information.

 

I sent in via email a request for judgment by default on 7th October, received the confirmation email, but again it takes 5 days for it to go through.

The judgment by default was sent as the courts had not received any information from the defendant at this point of time.

 

On the 8th of October I received an email from the defendants solicitor stating that there is no contractual relationship between me and the building management, and my particulars of claim are not clear, (I have been extremely clearly in my claim form) and that the claim is misconstrued and vicarious and that the concierge company is separated and are hired separately and in so many words saying it’s not them and trying to shift blame, followed by giving me 2 options,

 

A)discontinue the claim

B) agree to an an extension for the defence to allow them a extra 1 month to put in a defence

C) And if I do not agree to a or B the building management company would file for a summary judgment strike out as the claim is vicarious. And giving me a 23 hour notice to respond via email only and to seek legal advice.

 

Note I received the email on the 8th at 9pm and was given less than 24 hours to respond via email only by 3pm on the 9th of October.

And the defendant will claim between £2500-£3000 In court costs and legal charges etc

 

In a panic and surprise that having not any response up to date and all of a sudden a letter from a solicitor o sort legal advice and was told by my legal team to continue with the judgment by default.

 

On the 14th of October I rang the court and was told the defendant on the 6th of October put in an acknowledgment of service but have until the 15th to put in the defence. So the judgment by default is not valid. But can put in another judgment by default if they don’t receive a defence.

That’s the basic of what is going on.

 

Now my question is can the defence claim legal costs via small claims?

What advice and help would you suggest.

What steps could you suggest I take as I am getting stressed out.

 

Thank you and all response will be appreciated.

Edited by dx100uk
format spelling

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cause they cant its all hot air to frighten you off.

and serving it a day before and by email unless you agreed to such comms is immaterial anyway.

 

if they are responsible for the security of the area then they are your right target, regarding to whomever they subcontract to do the work there.


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The building management company is responsible for day to day running/ maintenance etc of the building but do hire subcontractors.

E.g the security company to provide a concierge service.

 

No I did not agree nor reply to the solicitor s email.

They missed the deadline and as the courts are running 5 days behind I kept enquiring with the courts if I should request a judgment by default.

Which I did ,

 

The deadline was 1st October

 

I placed/request a judgment by default on 7th

 

However they sent an Acknowledgment of service on the 6 th so the judgment by default could not be processed.

 

the solicitor sent me a threatening letter by email giving me less then 22 hours notice on the 8th. I have not acknowledged this email.

 

They have until the 15th October to submit a defence.

 

I am thinking the worst here.

Could they request a summary/judgment strike out ?

Instead of submitting a claim?

 

Really confused as to what to do.

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today is the 29th..

they've lost the claim.


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today is the 29th..

they've lost the claim.

 

Well according to the Courts they have until tomorrow to submit documents.

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what date did you file the claim?


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I don’t want to disclose dates as I want to hide my identity,

henceforth I have changed dates around.

But the defence have until tomorrow to file full defence.

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oh well

they have a total of 33 days from the date on your claimform to file a defence as long as they have done [AOS]

number 1 in the count being the date on the claimform.

 

they are only filing a defence

that will be pretty sparse I would expect [no docs are allowed at this stage]

 

exchange of documents [exhibits] doesn't come until disclosure stage [witness statement]

 

you've not even gone thru mediation yet.


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to save you extra Grief

block and bounce any emails from now on.

 

seems like they are not wanting to play fair.

 

though the defendant might not know what their solicitors are upto yet.


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Hi

 

I logged into to email account to block the sender,

however again I received an email from the defendants solicitor today this afternoon.

 

Claim that they have put in a defence to the court today to request for summary judgment strike out.

The defendant stated on the form putting in a request for a summary judgment strike out because the claimant claim discloses no reasonable grounds for bringing the claim against the defendant and the claim has no real prospect of succeeding on the claim and there is no other compelling reason why the case should be disposed of trial “

 

 

I am really confused by this as they also are threatening to claim costs.

 

It’s not a full defence.

 

Can you kindly please advise me of what steps I should take, I am just confused as to why they are putting in a judgment strike out without filling a full defence.

 

Any advice on this would be appreciated.

 

 

Thank you.

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Well they wont get summary judgment if its being requested within their defence...to request SJ it must be made by application separate to a defence to which it may then incur costs ..but would be fixed and only allowed if they were successful in their application.

 

Any request to strike out or summary judgment should be made prior to allocation.

 

With regards to your claim....it will hinge on if you have named the correct company (defendant) and there is a relationship between you and them...even if via a third party.

 

 

Andy


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Ok so will they have to put in a defence regards? Of summary judgment strike out. ?

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please just type no need for reply with quote...

 

they are two sep things..

 

you cant defend a claim by just saying you want a summary judgement because of XYZ.

.they must defend the actual claim you made in the particulars of claim you provided.point by point

.not just say they want a SJ and because your defence is..XYZ..and proves to have no merit.

 

do you have a copy of it yet?


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Yes that makes better sense.

 

 

I have only received a copy of the application notice N244 and a covering letter by the defendant solicitor via email. I have not received anything other than these documents.

 

As far as I am aware the defendant had until end of tomorrow to submit a defence.

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The application notice N244 is stating that the defendant is requesting a Summary Judgment stoke out ..... as the defendant claims I have no merit.

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Ok so will they have to put in a defence regards? Of summary judgment strike out. ?

 

They must submit a defence...otherwise you can request judgment after the given period.


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Well in the covering letter the defendant s solicitor has stated that they are requesting summary judgment strike out in place of the client (defendant) defence.

 

I guess that is just an invalid submission to a defence.

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I would suggest they've not filed anything other than the SJ?

is it day 33 yet?

 

date your submitted the claimform is 1 in the count


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Yes it is day 34 today.

 

I now they have submitted sj along with a witness statement with edits in place of a defence.

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Does that mean they have filled for SJ and defence I am just so confused

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Check with MCOL see if they have submitted a defence (you can check on line the status if you issued on line ) also ask if they have made any applications.


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hi All,

 

A little update on what has happened.

 

I rang up the small claims court to enquire as to what the status is with my case. I was advised that the defendant have not filed a defence however have made an application for summary judgment strike out.

 

My question is can the case be struck out without a hearing or would a hearing be the next step? Would I get a chance to file a defence to my claim before it gets struck out ?

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Have you been served a copy of the N244 application and statement in support of the application ?


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Yes I have only by the defendants solicitor not by the courts.

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