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    • You were asked for the particulars of claim, which I can’t yet see.    Posting your defence (without the particulars of claim) isn’t that helpful : the aim is to tailor the defence to the PofC, highlighting which areas aren’t in dispute (so the court doesn’t have to waste time on them, and can focus on the key areas), and which areas you can (as a matter of critical importance) show where the claim fails on matters of law.   ideally their PofC would be numbered, and you could go through line by line....   <\example> 1a) It is admitted a loan of £x,000 was granted on <date> 1b) It is denied the loan was made to Person X. The Claimant is mistaken, as in fact, the loan was made to Company Y. 2a) It is admitted in part that payments were made. To clarify, payments ceased on <date>. The claimant’s belief that payments were made after <date> is denied. 2b) Given more than 6 years have elapsed (with no payments nor admission of debt) ... <Staute barred text> (Points 3-7, more “denied”, “accepted”, “accepted in part, with bits denied”, and also “neither accepted nor denied, but claimant is put to strict proof thereof”) it might not be point 7, but you get the gist ..... In the alternate: (again, may not be point 8 but numbered sequentially and logically) 8a) It is admitted a note was signed by Person Z on <date> 8b) This note was not executed as a deed, and no consideration was received in exchange for it, thus no enforceable contract can be formed by it. 8c) Thus the claimant’s action in contract is fatally flawed, and bound to fail in the absence of an enforceable contract. 9) 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. <\end example>     The aim is to make it simple enough for a child to follow..... a) it impresses the court, b) it focuses on the key issues at law, and key matters in dispute. (The court can then decide who they believe to formulate what they believe happened, and apply their interpretation of the law to that to reach their decision!)   Both of these are adding to your credibility and making it easier for the court to see the legal basis for your defence, and c) when faced with this the claimant may see sense and withdraw (although, after so long ... I somehow doubt it!)      
    • Thank you I have already started that process the universal credit housing costs won’t even cover half the rent and as you know this process takes a long time.   I am also pretty sure my landlords have a UK mortgage as they used to live in the house we now rent from them if this is the case would they be entitled to the same rights even though they are based over seas now?    
    • Hi, thanks again for your help. I'm a courier; the insurance companies always stuff us.   Thanks again for everyone's help, I'll keep the post updated.
    • This thread is dancing around a bit – and frankly so are you. The question as to whether or not it is worth bringing an action for £40 is completely up to you. You still haven't told us who the business is and I suppose that you are trying to protect them.  Very noble. Bravo You have absolutely the right to recover your £40. If you are dealing with a business then it is the legal responsibility of the business to get the delivery to you. Even if the item has been delivered to the wrong address, it is still up to the business to take responsibility. As I understand it, you have been trying to contact the business and there has been no response. I must say that simply this element of your transaction – the lack of engagement by the seller – the would make me want to hold him to account. If the seller started to engage in a reasonable dialogue with me and also appeared to take some responsibility such as checking up on the courier himself, I might feel less disposed to bring an action for £40 – particularly in the light of the current crisis when I'm quite sure that things will be more difficult and take much longer time. We all know that transactions go wrong and for me the test of a good business is their response when they do go wrong. Simply to fail to contact the customer in response to enquiries or to show any further interest I think is a real abrogation of responsibility. It is not at all consumer-facing and it is businesses with this kind of mentality that need to be brought to book.   However you have a fundamental problem – and it is that you don't know where your proposed defendant is. You don't know his residential address. You don't know his business address. You don't know where his assets are. Without this, your chances of enforcing a judgement are zero – and in fact despite the fact that you have the right to bring the claim, a claim must be directed to a proper postal address and you don't have the information so it will be impossible to issue the claim. You can certainly send your letter of claim by email – but what's the point? You won't be able to follow it up with the claim. If the seller has managed to transact business with you without disclosing any clue as to his whereabouts – and if he also fails to respond to any of your messages, then you are being mocked. You say that you are irritated. Doesn't this irritate your sense of principle even more? This is another reason why you should stop protecting the seller and let us know who it is. You may well find that somebody else will visit this thread and provide some useful information which will help to move you forward. You should also give us the name of the different company which appears on your credit card statement to have been the recipient of the money. This could be another way of tracking him down.
    • So claim Universal Credit, which can include private housing rent up the Local Housing Allowance limit.   Foreign landlords may have mortgage loans through offshore Banking arrangements, so not the same as UK residential mortgage.
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chinoky

Threatened with small claims action Tutorcare.co.uk.Please help.

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Hello all.

I wonder if anyone can help with this issue.

 

We run a restaurant and a company contacted us to teach us health & hygiene that said they will issue certificates.

We agreed a date over the phone.

 

Next day we phone the council and they said it's not a recognised certificate. 

 

We phoned the company back and they said we owed the full amount for cancellation even though nothing was signed

. They now threatened taking us to a small claims.

 

 Is there anything I can do to avoid paying this?

They want us to pay almost£500 which is daylight robbery.

 

Thanks in advance.

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I wouldn't either I think they are trying to scare you. I cant see them winning in court and I think it would be too much hassle just for £500.

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where's the signed contract..there isn't one.

sc@mmers!!


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Please will you tell us the name of the company you are dealing with and also their website link.

I suggest that you go and put up some reviews on trustpilot and on Google as well

 


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The company is called tutorcare.co.uk.

The person that's been harassing me is Marta. A awful company with absolutely no ethics.

Surely a few emails from her phone is not acceptable as official notices but they listed that on the claims form from the debt department.

Screenshot_20191112-164617_Gmail.jpg

Screenshot_20191112-165421_Gmail.jpg

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Please could you post a link to the course that they were offering on their website.

I think it is important that you don't give in to these people. At the very worst you could be liable simply for administrative losses caused by any breach of contract by you. However I would tend to be arguing that it was part of the contract that any certificate they awarded you would be a recognised certificate.

Please provide a link.

I think it will be important not to go silent on them. I think they will eventually need at least a single letter from you telling them that you consider that it is they who are in breach of contract as it has transpired that they are not providing you with a course leading to a recognised certificate and that if they want to take it further you will be happy to see them in court.

I believe that your business is somewhere in the north of England and they are in London and so if they decide to see they will be obliged to travel north and also risk the outlay of a claim fee and a hearing fee.

Of course there is a risk that they would pursue the claim against you and that they can win – however we will help you.

Reading the reviews on trust pilot I see that there are 19% of the reviews which are two star – or mostly one star. This is not the kind of standard of quality or of service that I would get involved with. Also, many of those reviews are telling a story which is fairly similar to your own.

If you haven't done so already then add to the reviews and start hunting around the Internet for people with similar stories to your own. Take screenshots of anybody who's got a similar story and if it does end up in court then you will be producing that as evidence as well to show that this is their way of doing business.


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I just posted a review on trustpilot

the reviews are shockingly bad there.

 

I can't find the link from the website as it was all arranged over the phone.

There was no invoice or anything.

 

the first letter we received was the cancellation fee payment.

 

I'm planning on writing a formal letter to them telling them come to a small claims near us.

 

Any advice on how i would legally word it?

I'm so confused.

Thank you all for your help, it is much MUCH appreciated.

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You don't need to worry about using particular legal language.

Do you happen to know if they recorded the call? Did they give you any warnings?


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I just spoke to the counter staff (only she had direct contact with them).

They never explained anything and just said 'be aware of our terms and conditions'.

Nothing was sent to our inbox or address to check/read.

 

Since cancelling, we only get emails asking for payment .

What legal rights do they have at this point?

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They do obv know your address yes?

Pers id ignore them

Bounce/block emails and wait their letter of claim?

Or i can see you playing letter tennis forever here?

 

Dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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They wont want to go to court because they have misrepresented themselves and the service they have offered.

You dont owe them anything because they could never perform to the contract they have supposedy offered so it will be a frustrated contract if it existed to begin with.

 

Now B2B proof of contract is less than you would need for a consumer contract so it isnt cut and dry but as said, they want the money, not a court fight where they are likely to lose and have to pay you a considerable sum as well for their troubles.

 

they refer to T&C's so were these made available before you said yes

-it has to be specific even for B2B so they needed to ahve told you to look them up before you agreed to anything

 

expect begging letters from some toothless DCA nest. Block emails and record phone calls, it isnt unknown for soem bandits to record and then edit a call to make it completely different to the original.

 

lastly never say yes to anyone who contacts you, always be the one to decide who to call. If they were any good you would have got recommendations for them from others you know

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