Location not as described @emblefarms court claim issued **REFUNDED**

[BankFodder]

I've just checked - I think that you must be mistaken ....

I hope that the OP hasn't simply copied and pasted

[thebeehive]

Thanks for your feedback. I haven't copied and pasted and will read through it again tomorrow before I send it. 

 

I have just read through your letter properly. Should't I also send them the Information sheet, Reply form and Financial statement as per the pre-action protocol?

[BankFodder]

You had better let me know what that is because I'm not aware of it. You may well be referring to a claim for a debt rather than a breach of contract.

Let me know what you are referring to – but probably the response will be that you should simply send the letter

[thebeehive]

You are right, that refers to a debt rather than a breach of contract. My mistake. 

[BankFodder]

good. In that case just send the letter. Make sure that you have registered on money claim online then you are prepared to issue the claim 15 days after the letter of claim has been received

[thebeehive]

Dear Consumer Action Group, thanks so much for all of your help. The claim went to mediation and some of the points that you raised in discussion earlier in this conversation (i.e. that the text message constitutes an amendment to an existing contract) were particularly helpful and we negotiated a settlement through the mediation service of the courts. Donation to support your website has been sent. Many thanks again. 

[BankFodder]

Thank you for giving us this update. Many people don't bother.

I hope that the mediated settlement was satisfactory to you. Are you able to disclose what it was?

And thanks very much indeed for the donation. We need everything we can get.

[BankFodder]

In fact I just responded to you by email – that what would be very helpful even if you can't disclose the settlement here, would be if you would possibly give us some bullet pointed notes about the mediation and how it went.
I'm particularly interested to know if you came under pressure from the mediator to make compromises.
What with the various stages of the mediation?

I think this information will be very useful for others

[BankFodder]

Also, we would be very pleased if you could post up their defence – in PDF format.

Thanks

[thebeehive]

The mediation went something like the following and I only felt a little pressure at the end in order to complete the mediation:

-      The mediator called me first, explained the process and asked me for a brief overview of the dispute. I gave a brief overview but also added a couple of comments as the defendant had put into their defence that they did not know that we had left the property and had accepted their offer – comments were to the effect that the defendant had responded to a couple of messages of mine in text demonstrating that they knew that we had left on the day. As a gesture of good will, I offered £350 instead of the full £450 to close the dispute.

-      The mediator called the defendant and they said that they weren’t prepared that amount as per their defence comments and were only prepared to refund £100 and to give £100 to a charity. 

-      I declined the offer. 

-      Defendant responded that they weren’t prepared to pay that much again. 

-      I stated that I had received legal advice and that their messages were in writing and constituted an amendment to an existing rental agreement. 

-      The defendant responded that they were prepared to offer £200. 

-      I asked the mediator to explain to the respondent that as I had their comments in writing that I would win in court and as the loser in the case the defendant would have to pay that amount, my expenses, time off work, travel expenses and legal fees. 

-      At this point the defendant brought up my Instagram comments about his property. 

-      I said that I would remove the comments if he paid the £350. 

-      Defendant agreed.

-      There were a couple of messages bounced between the defendant and I as to who would do what first. 

-      For the first time the mediator pressured me to move in a particular direction to remove my comments first and that the defendant would pay within 7 days (pressured that if I didn’t it would go to court and could take a year or more to finish).

-      I agreed to take down my comments first.

-      They agreed. 

claim-form.pdf claim-response.pdf mediation-agreement.pdf

[thebeehive]

That should be all that you need there. FYI - I know that it's probably not the best way, but I have used social media to achieve a better outcome previously, as well as Trustpilot reviews in parallel with formal complaints through the financial ombudsman, and motoring ombudsman. I have also used the Action Fraud Police website to generate a complaint which then gave me a reference number to use to dispute a credit card transaction with the bank as I was charged for car rental insurance twice. You probably know all of this but just thought that I would post that in case. Good luck and thanks again! 

[BankFodder]

So have you had your money?

[thebeehive]

Yes