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    • Hello there,  I would be most grateful for any help or views on a distressing incident that occurred last summer, I can supply more info.  I am a 70 years old retired man and quite severely disabled I use a Mobilty Scooter and walking aids.  I had recently been admitted to hospital with an ongoing heart condition.     I was quite a frequent customer of my local Pub/Restaurant and I had previously submitted several verbal complaints regarding short measures of drinks.  The both managers took exception to this and told me that I was "Never happy until I found something to moan about"  The atmosphere in the Pub generally declined towards myself and I was certainly made to feel unwelcome.  Matters came to a head when I witnessed a dog, inside the Pub, attack a child (A Toddler) who had accidentally trodden on the Dog`s tail.  Fortunately the parents of the child and the owners of the dog reacted quickly and no injury occurred .  The pub was very busy at this time and the incident went somewhat unnoticed.  I brought the incident to the attention of one of the managers and he actually laughed, it was monstrous.  When the pub became quieter I remonstrated with the said manager and I stated that IMO it was dangerous to have dogs and children in such close proximity whist food is being served.  He became extremely unpleasant and told me in no uncertain terms that if I did not like it then to "Stop coming back"   Two days later whilst I was out in the next village with friends my wife rang to inform me that the Owner of the pub had called around to our home and told me wife that I was barred from the pub and to never venture there again; my wife was distressed, she never frequented the pub and the owner and my wife are not well known to each other.  It is my opinion that he had no right whatsoever, to include my wife in this matter and to do so within her own home whilst I was not present.      I returned home then went to the pub to enquire why the owner had visited my home, and upset my wife.  Whilst I was on the pub car park I was met by both the owner and the manager who both informed that I was barred as I had upset staff members.  No suitable explanation was forthcoming from the owner for the reason of his unwanted and unwelcome visit plus his aggressive manner whilst he talked down to my wife.  They both informed me that they would forcefully remove me if I did not leave the car park.   Due to the immense stress I was enduring I felt an urgent need to use the toilet, when i requested to do so I was denied.  I could not believe it, I was in such a hopeless state and was utterly distraught.  Finally I struggled out of the car park but entered the front of the pub and headed for the toilet however they caught up with me and I sat down on a stool and refused to move until i was granted access to the toilet, however they were both adamant that it would not be allowed.  I reminded them that i was disabled but the owner stated that I was `Milking It` and to "Go behind a hedge".  At least half an hour passed, since I had entered the pub, and the owner stated that he would call the Police, I had gathered my thoughts a little by this time and I stated to them that I would call the Police myself and then see if I would be allowed to use the toilets.  I feel the owner began to realise that he might be in trouble as when I began to make the phone call he stated that I could use the toilet however he would accompany me; i had no option but to concur with his somewhat sick condition.  I was forced to defecate whilst he stood immediately outside the door.  My humiliation and embarrassment was complete.    Two days later I wrote to the owner and informed that I was intending to sue him for disability discrimination related offences.  He chose to disregard what I had stated and replied stating that he had no intention of lifting the ban.  I replied stating that I had no desire to ever enter one of his pubs ever again and that he should re-read my letter and respond to the charges.  He did not reply.   I issued proceedings against him in the Small Claim Court for less than £400  (Some of my clothes and a she were damaged due to soiling).  He, rather surprisingly, instructed a solicitor who has threatened me with costs being awarded against me by the court which could run into many many thousands of pounds and that there was clearly no case for her client to answer.  I must admit to being rather alarmed.  The owner is a wealthy man.     The court have advised mediation and have even offered to award one hour of such FOC; I agreed, the defendant refused.  We now have a date for a hearing and I do not know exactly what to expect.  His court response states that he will be bringing two witnesses with him yet there was only he, the owner and the manager who were present.    Much of this was audio recorded and the owner is not disputing much of my statement.  I never threatened violence or used bad language during this most unpleasant incident.      Any help and opinions would be greatly appreciated.   Kind regards.  --  tibar
    • My friend has told them this and got no response as yet nor any refund,  she  is giving them till about 2pm  to refund it or   will be  reporting it as fraud and  seeing the Police etc, have told her please  do not ever  do it again or drag me into it, I will do my best keep you updated   Sandy xx
    • Make sure you keep that email and print it out for safe keeping, just in case the PPC don't quite get the message.
    • Okay i've just sent the letters recorded delivery and have registered with the claims court. Just reading about PAP.
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andrew1402

lowell Claimform - OH's old EON util debt ***Claim Discontinued***

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Already advised in my last post....I really cant make it any clearer...


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I understand paragraph 5 and what you advised I'm just trying to clarify the situation basically I'm saying no to mediation because I dont have enough information about the claim to enter negotiations am ,but still have to complete the N180 form am I correct in saying that?

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You have to complete the N180 anyway.....whether you agree or not to mediation..otherwise your defence will be struck out and you get a CCJ


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so we agree to the case to being referred to mediation service? and agree that small claims track for this case? and also find an address for a court near me not them I guess as they never filled that bit in

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you are the defendant, they come to the local court convenient to YOU

if you go search N180 in our search facility up top

we normally advise to agree to mediation [unless the claimants claim is statute barred]

 

you are thus entering into the spirit of the mediation process, 

you continue to agree to it until the actual day of the telephone mediation itself

 

THEN if you have not received enough information from the claimant to make an informed decision 

WHEN the same questions on the N180 form are asked again by the mediation service before it starts

you say NO.

mediation will fail.

the case will be referred to the local court for allocation for a hearing

IF the claimant pay a fee.

they might not

they might discontinue

we cant see into the future.

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

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5 hours ago, andrew1402 said:

so we agree to the case to being referred to mediation service? and agree that small claims track for this case? and also find an address for a court near me not them I guess as they never filled that bit in

 

The claimant does not fill that in...the defendant completes that section....its allocated to your local county court..you are the litigant defendant.

 

Have you actually read any other threads on the court claim process ?  :classic_ohmy:


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an update of sorts

 

my Mrs received an email from the court saying about times for mediation 9-1 and appointments are first come first served

 

what we can gather no appointment as yet and no more information sent from Lowell

 

if appointment does come in our case

not enough information in our case

all my wife has to say is no to that part

 

am I right?

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wont be from the court 

but the mediation service...???

 

but, yes you are correct...

 


please don't hit Quote...just type we know what we said earlier..

 

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Maybe, so let me get this straight they go through questionnaire questions first just for us to tell them not received enough information to proceed seems hardly worth it but understand. 

Hopefully we won't have to go to court could do without the stress at the moment.

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post 162...already explained all this before

dx

 


please don't hit Quote...just type we know what we said earlier..

 

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I know I've slept since then but anyway nothing wrong with a bit of clarification making sure we get it right 

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update no appointment been made by phone call apparently unable to it's now transferred to County Court Hearing Centre in which we have to await Judges directions which will be sent to us in a notice of allocation 

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got a few updates i'll post later today

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On 06/01/2020 at 14:48, andrew1402 said:

got a few updates i'll post later today

here is the documents they are taking to the hearing in May any advice ?

 

docs+tomlin offer.pdf

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Have you got your Notice of Allocation yet ?


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Std begging they send in every claim

Go read up!!

 

Discontinuance next


please don't hit Quote...just type we know what we said earlier..

 

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41 minutes ago, Andyorch said:

Have you got your Notice of Allocation yet ?

Hearing will be at a court near us in MAY

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And what date must you comply with the courts directions by?


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not sure what you mean? we had a letter from court of when and where the hearing will be held and saying all documents by each party for the hearing must be in by January 20th and this letter I just uploaded is their documents for hearing and response to that

 

they also not attached the Tomlin Order Agreement 

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The letter is called a Notice of Allocation n157...that gives you notice of what happens next (directions)...you and the claimant must now prepare a witness statement and prepare any and disclose any documents you wish to rely on at trial.....normally this must be done 14 days before the hearing date....but your letter will confirm the dates....20th Jan I gather from your last post.

 

So start looking at witness statements and start preparing...dont leave it until 18th Jan to ask for advice.


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So youve had their WS Yet??


please don't hit Quote...just type we know what we said earlier..

 

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I'll double check to find that letter but witness statements and documents what documents does my wife give? And what witnesses ?

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Time to read other threads....the process has been explained 1000s of times.


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Posted (edited)

Which one ? Which process many cases involve different things 

Edited by andrew1402

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Take your pick from the following.....100s of Lowell claims...litigation process is the same irrespective of the debt type.

 

https://www.consumeractiongroup.co.uk/forum/129-legal-successes/


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