Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • 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.
  • Our picks

cosmicgirl79

Erudio/Drydens - claim court form - ADVICE NEEDED

Recommended Posts

Hi, 

I sent the CCA request and CPR 31.14 - I sent this almost two weeks ago on the 2nd October. I have not heard from either. 

 

This is what I’m planning to add in the defence which I will tonight - it is due by Friday 18th OctOber this week. I just wondered if what I’ve written below is ok? Thanks to all for advice and wise words. 

 

1 The Claimant's claim was issued on (insert date).

 2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. 

 

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

 3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied.

Share this post


Link to post
Share on other sites

that is our SB defence yes

simply copy and paste it into MCOL.

 

dx

 


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

 

Share this post


Link to post
Share on other sites

This question on the MCOL WEBSITE? - Do you wish to make a counterclaim?

Share this post


Link to post
Share on other sites

Have we said that?

  • Like 1

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

 

Share this post


Link to post
Share on other sites

I see on the website it says I will need to pay the appropriate fee as listed in the table before you can submit your counterclaim online. - Just wondering about that?!

Share this post


Link to post
Share on other sites

Have we said do that?


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

 

Share this post


Link to post
Share on other sites

So it's a no and then it's sent? The website is just wrecking my head! 

Share this post


Link to post
Share on other sites

there are over 15 erudio claimform threads here with how people have responded to their claim by entering a statute barred defence

you need to be reading up as part of the self help of CAG

as what to do

how to do it

whats next

how things progress through the differing stages of the claim

 

dx

 


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

 

Share this post


Link to post
Share on other sites

Very helpful links - thank you 😃

 

Defence sent! 

 

Surprised Erudio or Drydens haven't responded to my request! 

Share this post


Link to post
Share on other sites

what have they got that they can respond too that counters your SB defence?

zilch.

 

as with every erudio claimform or PAPLOC thread on CAG

you solely got the claim because for whatever reason , to that date, everything was ignored.

 

once a response is made

they go away.

 

default CCJ avoided.

you must read up and understand how arrows [erudio!!] operate

 


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

 

Share this post


Link to post
Share on other sites

I filed the defence two weeks ago. I haven’t heard a thing. Is this usual? 

Share this post


Link to post
Share on other sites

did you get an ack letter from the court that they have it?

 

dx

 


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

 

Share this post


Link to post
Share on other sites
1 hour ago, cosmicgirl79 said:

I filed the defence two weeks ago. I haven’t heard a thing. Is this usual? 

 

Well yes considering the claimant has 33 days to decide if they wish to proceed...you need to brush up here and read a few threads on what the normal process is.

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

It has now been 35 days and I have not heard anything. Is this the usual if they can't counter the SB defence?

Share this post


Link to post
Share on other sites

read the letter the court sent you ack'in your defence


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

 

Share this post


Link to post
Share on other sites

Drydens have recently responded to my defence. 

 

It says: “Having now had the opportunity of discussing the Defence with our client, we enclose the following documentation addressing the issues you raise in the Defence and in support of the our client’s Claim against you:

 

The relevant limitation period in respect of this type of debt is 6 years pursuant to section 5 of the Limitation Act 1980 (“the act”). By section 29 of the act, there is fresh accrual of the relevant limitation period upon each part payment. We can confirm that the last payment was 18 April 2017 in the sum of £25.00. The limitation defence which you have filled is therefore, without merit”.

 

Then it goes onto say, “we are in a position to progress our client’s Claim against you and would therefore, invite you to now settle this matter without the need for further legal action."

 

Then it says I have 14 days to make the payment or contact their offices. 

 

I’m concerned that it is “14 days” from when the letter was dated, however the letter only arrived this Tuesday (3rd December) although it’s dated 19th November. There isn’t a date stamped on the envelope. 

 

I really don’t want to make contact with this organisation. What can I do? Thanks 
 

Share this post


Link to post
Share on other sites

ignore their timeline the claim is well stayed.

 

so have you paid erudio anything since they wrote to you in 2013 was it?

you've mentioned anything before?

 

dx

 

 

 

 


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

 

Share this post


Link to post
Share on other sites

I have just been checking my old bank statements and it appears I made a payment to Capquest?! 

 

So does that definitely counter my SB defence? 

 

Share this post


Link to post
Share on other sites

opps why didn't you say so

are you sure this payment wasn't made against a differing account number than the number in their POC?

 

 

 

 

 


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

 

Share this post


Link to post
Share on other sites

I completely forgot, I didn’t think as it was Cap-quest. 

 

I checked and the payment matches with the number in the POC. 

 

I don’t want to call Dryden’s although I’m concerned about the “legal” action.

 

What do you think I should I do next? 

 

Nasty company!

Share this post


Link to post
Share on other sites

well the claim is stayed so don't panic for now.

 

is this the ONLY payment made

and how did capquest get this out of you?

by phone?

 

explain what caused you to make the payment and how you did it please

 

dx

 

 

 

 

 

 

 

 


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

 

Share this post


Link to post
Share on other sites

From looking at my emails - they wanted me to set up a plan..  I made three payments of £25 in 2017. Which I forgot about. So is that right that the SB claim is null? 

 

 I stopped because I thought I had defered. But then I realised they had taken over the loan from SLC. 

 

I'm not keen to call Drydens - what can I do next? 

Share this post


Link to post
Share on other sites

Who said you have to call anyone

Yes it might upset your defence..however..

 

So how did they con you into paying when you have never earned over the threshold??

Can we see these emails suitably redacted please


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

 

Share this post


Link to post
Share on other sites

They are only confirmation emails to say that I have made a payment. It doesn't have that much info on them. Is it worth calling Capquest? 

 

I also can't seem to find any paperwork from Capquest. I guess it was threatening letter - saying that Erudio have passed on my account. 

 

 

Share this post


Link to post
Share on other sites

no ringing these fleecers up is what got you in this mess in the first place!!

 

why after 10yrs of being here....

having numerous DCA threads...

being told numerous times NOT to ever use the phone or email

you DO SO and get had blind!!

 

note to future readers..

 

.NEVER EVER RING OR TALK OR EMAIL A DCA OVER THE PHONE OR AT YOUR DOOR!!

 

 

 

 

 

 

 

 

 


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

 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...