Jump to content


  • Tweets

  • Posts

    • It would just be good to get a few more opinions on the judges decision before I decide whether to push on with it or stop if there's every chance I will lose and owe them more in legal costs
    • America is a republic, (and) not a democracy - not quite there yet   Trump is a corrupt felon, not a president - yep
    • Hello I hope someone can give me some advice here, as I am at a bit of a loss on how to proceed. This relates to alleged offences under the RTA. Yesterday I received a notification from the local police of intention to prosecute for the following offences: 1 driving without due care and attention 2 failing to stop at a road traffic accident 3 failing to report a road traffic accident At this stage they have only asked me to say whether I was the driver at the time or not and provided a blank sheet of paper to give information about the incident. Going by the location (just round the corner from where I live) I can only imagine this relating to one recent incident, which wasn't actually an accident but more of a road rage event. I was driving past someone unloading or working next to his lorry which had stopped in the road. I wasn't going fast or anything, while I went by lorry man turned around and punched and kicked my car whilst going past him. I stopped and got out and wanted to know what he thought he was doing punching and kicking my car. He then hurled some verbal abuse at me, swearing and he was quite aggressive. I still didn't know what his problem was and said I would report him to his company for threatening behaviour and vandalism for punching my car. I got my phone and tried to take a photo of his lorry and number plate but at that moment he came right at me, still shouting and swearing, so I was worried he may hit me next, as he already punched my car. I thought if the guy hits me I will come off second best, so I decided to retreat. I quickly got back into my car and left. When I checked my phone later the photo I tried to take was blurred and useless, so I thought it was pointless to report the incident to the police, as the guy would not be traceable. Over that I forgot about it until I got the letter yesterday in the post. This is the only thing I believe this can relate to, but I have no idea based on what the three above allegations come from There was no road traffic accident, more of a road rage incident. So I am at a loss what to do. I have 28 days to respond. Should I just say yes I was the driver and was there and see what happens next, or should I already make a written statement on the attached piece of paper they sent me and send that with it ? Is there anyone here who would have a rough idea what to do next ? I tried my legal advice line through my Union, but they have sent me from pillar to post, now say it needs to go to a different department again and that would be chargeable as the RTA comes under Criminal Law. So any advice would be appreciated Many Thanks
    • So a quick update got bounced around two different departments and managed to speak to a DVLA bod , explained the situation and they could see the overlap and that DD payments had been made from Feb , also no formal remiders prior , they gave me a number for the legal dept who I am calling this morning to see what they can do in terms of the SJP notice , still have time to submit this online.  Will update after my chat this morning 
    • filed the defence at same time as suggested @dx100uk
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

MCOL help not being paid for job ***Settled in Full***


Recommended Posts

Hi everyone. 

My husband works as a carpenter as second job and changed the locks for a business but didn't get paid.

It's only £87 and he sent many emails to them to no avail.

They're refusing to pay because a few days later another employee lost the keys again and my husband couldn't attend, so they called another carpenter and got charged £350.

How's that my husband fault is a mystery. 

I am filling the mcol for him but when I did mine with your help (thank you again), I remember submitting evidence and timeline.

This time the mcol is only asking for a brief description of the claim.

Do I remember incorrectly?

When do you submit the evidence?

After they defend the claim? (If they defend it)

 

Thanks.

Link to post
Share on other sites

You have to prepare Particulars of Claim which indeed will be very brief.

However, judges don't take kindly to court cases being started before chances to settle the matter are exhausted.  Has you husband sent them a formal Letter of Claim?

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

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

Link to post
Share on other sites

Yes, he did.

He gave them 14 days to pay and today is day 15.

They're adamant that because he couldn't attend the second time, he's at fault for the other carpenter charging a lot of money.

Go figure that out.

My husband charged a fair price so he's supposedly obliged to attend any time they need a carpenter to save them money.

Madness.

I bet they haven't paid the other carpenter either.

Link to post
Share on other sites

Posted (edited)

Well, fine, they can argue that in front of a judge.

Please post up a draft of your PoCs.

They will be very brief, just mention the work he carried out, when, where, etc., and that he hasn't been paid despite numerous reminders.

In fact the PoCs have to be brief as there is a word limit on MCOL.

EDIT - from the MCOL guide -

The POC are restricted to 24 lines of 45 characters and a total of 1080 characters. If you type more than this the last part of your text will not appear on the claim. Please be aware that the website will only accept the following punctuation; full stop, comma, pound signs

Edited by FTMDave
Extra info added

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

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

Link to post
Share on other sites

On 19th February 2024 the Claimant agreed to replace the locks on the front door of the premises occupied by the Defendant for the sum of £87.

This job was completed to the Defendant's satisfaction. 

The Claimant invoiced the Defendant on the same day but to date payment has not been received despite numerous requests from the Claimant. 

The Defendant has stated that they do not intend to pay.

The Claimant requested payment of £87.

So, my memory is failing me.

For some reasons I remember submitting a timeline of events and evidence in my case.

Link to post
Share on other sites

The PoCs look damn perfect to me, and well within the MCOL limit.

However, given that 24 hours will change nothing, hang on a day in case others have comments.  My experience on CAG is more with the defence sort of stuff for private parking cases.

There is no need for a timeline of events or evidence at this stage.

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

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

Link to post
Share on other sites

Thanks.

I wait.

They would be stupid to defend.

The owner even sent a message to my husband thanking him for the good job at a good price.

Link to post
Share on other sites

I don't think the line about the intent to pay really matters but as you're well within the MCOL limit just leave it in.

If you were close that would be the first thing to go.

Maybe mention how the invoice and payment reminders were sent?

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 OTHER

 

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

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

Link to post
Share on other sites

are you using moneyclaimonline online site/form or a paper claimform and MCOL?

the new 1st one asks more questions further down the online form.

if not and a paperclaim form, then your other info will be part of your witness statement later in the process .

dx

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Posted (edited)

use the new money claims site! Its so much better and gets further faster.

 

Its all online until hearing date. No multiple months wait for allocation like the old one.

 

The one with evidence is the new one, it seems your trying to use the old one.

Edited by jk2054

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

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

 

Link to post
Share on other sites

Posted (edited)

https://www.moneyclaims.service.gov.uk/

 

The one your using is the old slow one where things spend months to get allocated!

Edited by jk2054

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

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

 

Link to post
Share on other sites

As no-one is disagreeing with your PoCs, then go for it!

You could even stick the boot in 😉

On 19th February 2024 the Claimant agreed to replace the locks on the front door of the premises occupied by the Defendant for the sum of £87.

This job was completed to the Defendant's satisfaction.  The Defendant even sent the Claimant a message thanking him for the good job at a good price.

The Claimant invoiced the Defendant on the same day but to date payment has not been received despite numerous requests from the Claimant. 

The Defendant has stated that they do not intend to pay.

The Claimant requested payment of £87.

  • Thanks 1

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

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

Link to post
Share on other sites

On a less silly note the last line should be in the present tense -

The Claimant claims payment of £87.

 

  • Thanks 1

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

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

Link to post
Share on other sites

Personally I think your husband is in the wrong.

It's his fault this company's employees can't look after keys properly, plus that it rained over the Easter weekend and to boot that my football team completely dominated their game today, hitting the woodwork twice, yet the match finished 0-0.

He has a lot to answer for.

😅

  • Haha 1

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

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

Link to post
Share on other sites

The One I posted is faster.

 

Yes you have to issue a warrant by paper but that takes one email and one working day.

 

It gets throughj to trial faster than MCOL.

 

You can use whichervr you prefer Im just helping you with which one is fastest

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

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

 

Link to post
Share on other sites

  • 3 weeks later...

They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy.

My husband has text messages about them losing the keys a second time and also an email.

What do they hope to achieve???

Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?

Link to post
Share on other sites

No, reading the guidance online it says to wait for a letter from the court.

Should I wait or submit the directions?

BTW, I assume that the directions are a longer version of the particular of claim accompanied by evidence, correct?

Link to post
Share on other sites

Yes, await the Directions Questionnaire from the court.

No, the Directions Questionnaire is just a short form and leads to the case being transferred from MCOL/CCBC to your local court.  If you Google "Form N180" you can see a blank copy on government web pages.

  • Thanks 1

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

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

Link to post
Share on other sites

3 hours ago, Lorenz said:

Should I wait or submit the directions? Directions Questionnaire N180

BTW, I assume that the directions are a longer version of the particular of claim accompanied by evidence, correct?

You mean your witness statement 

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 OTHER

 

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

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

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...