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    • the debt is not SB'd as a CCJ must have been awarded to get restrictions said this numerous times now who is drydens stated client on their letter...Arrow global?  
    • Hello   I'm bringing a claim against a company HQ in the EU but with operations in the UK. T&Cs state UK court jurisdiction.    Am I right in thinking that I send 3 x N001 forms + N215 form + Fee cheque to CCMCC?    The court then takes over, seals the claim and serves it on the defendant?    Reason I'm confused is that some guides seem to imply that I get the sealed claim form back from the court and then serve it on the defendant myself?   Thanks  
    • Evening All,   PFA redacted WS and EL, hoping these will be sufficient to defend my case, yet to add a sequence of events section to WS which I will do tomorrow before sending off to CC and can try to post here for your kind review?   Should I also send to OPS at the deadline, I have still received nothing at all from them - or if they don't provide me their WS and EL I duly don't provide mine?    Approaching the end game now!      Thanks!   RATPCN Exhibit List Redacted.pdf Witness Statement Redacted.pdf
    • Yes is definitely an option – but I am rather concerned about the way that the other one went when they brought in Evershed's. It's still going on but I think it made it more worrying for the claimant. The finance company will have the wherewithal to be able to make strategic delays
    • Well at £7300, I think that any car should be able to run without any serious defect manifesting itself at least a couple of years. This car clearly is not in satisfactory condition when it was bought. Also, can we clarify that the finance was made by way of a loan and not hire purchase. It doesn't make a huge amount of difference but it is something that we should know. You have two targets. You can either sue the garage or you can sue the finance company. Somebody else on this forum in the past 2 or 3 months decided to sue the finance company. I rather thought it was an error because it was taking on the more powerful of the two – and it turned out that the finance company then when instructed a proper firm of solicitors who have simply been obstructive. It doesn't mean that the claimant was more likely to lose – but it became a little bit more nerve wracking and difficult. I would suggest that the best thing to do is to sue the garage who are going to be the weaker party and secure a judgement against them. Then if there is any difficulty enforcing the judgement, you can turn against the finance company but with a judgement already in your hand, any resistance should fall away quite quickly. At that point you can also threaten the finance company with an action under FCA regulations for unfair treatment – because what they are doing is clearly unfair. It seems to me that you need to get a move on. On the basis of what you say, your rights are completely clear and I would suggest that you begin by sending a letter of claim to the garage and writing separately to the finance company and telling them that you are going to be seeing the garage and that once you get a judgement you will be coming after them not only under their obligations under the consumer credit act but also under the FCA Handbook rules – COBS - which requires them as a matter of statutory duty to treat you fairly. The finance company will be quite anxious to avoid a judgement for breach of statutory duty. It may be that the finance company will then feel motivated to put pressure on the garage – but nothing is sure. If this seems to be a satisfactory way forward then it will be a matter of sending a letter of claim – probably in tomorrow's post – recorded delivery and an email as well if you want. You have to be sure that you want to do this and you need to search this forum for information on bringing a small claim in the County Court. It's fairly straightforward and because you are suing for less than the small claims limit of £10,000 it is pretty well risk-free. However it is worth knowing your way around because you will feel more confident about it. Please let us know if this is the way you want to go forward. I have to say that if you rather not do this then your only other alternative would be to go to the ombudsman which will be a very slow process and could last easily up to 12 months or more with an uncertain outcome. I would not recommend it   To add, if as a result of the breach of contract on the part of the garage you have incurred additional expenses, then we may probably be able to think about claiming for those as well.
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Dog mauled cat, neighbours' harassment, court on 30/11/07


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Neither of them work, she has 2 children from a previous relationship and is 5 months pregnant with the current Partner.

 

As for the dogs, Neighbours in my block all know these dogs have been here for some time, there used to be 5 of them running around!

 

I never thought just finding out a simple piece of info would be so difficult!!

den3371:p

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what I was hinting at was if they are been a pain in the you know what then grass them up to the council for council tax evasion. This does have up and down sides - it will annoy them and put further strain on what is already a bad relationship, reduce their cash so may reduce ability to pay you but hey they get a bit of comupance - maybe do it after you get paid.

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Good point. I am going to try one last time this afternoon and ask for his name. I will be taking all the Paperwork (copies!!) with me that I've received from the vets to give to them.

 

Unfortunately for them if they don't start paying and it goes through the small claims court, I will also be adding on all the check ups Rosie has had, one yesterday £10 + cab fare there and back. She has to go back tomorrow again, so another £10 + cab fare and more painkillers (however much they are)

den3371:p

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Ok, I have had to post through the letter box the copies of invoices etc as nobody in. I also included a polite note stating that the enclosed were invoices and breakdown of charges from the vets.

 

I have said that I am willing to accept payment in instalments but would give him until Sunday 29th to come and see me so we can discuss options.

 

So will wait now until Sunday, if I don't hear anything from him, I'll be knocking on his door on Monday!:mad:

den3371:p

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Go for it - but please have a friend with you. If he's the sort of person I think he is, he may not be able to have a calm and intelligent conversation with you. You could slip in a "Oh, btw, we've never properly met, have we? I'm [given name] [surname], you are?" You may get him to give you his full name if you catch him off guard.

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You could get his car reg number and using and HPI check you may be able to get the registered details....(not sure how legal this is of course)

I might know of someone who can do an HPI for you(again not sure if it is legal or not)

If i was you i would start against her and in the paperwork include a detail that if you are not the owner of the said anaimals then please supply full details of the dogs owner that are very obviously staying in your house etc etc, and details as to why they are allowed to roam free, i doubt they will be smart enough to get out of it.

Good Luck

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Long time ago in a galaxy FAR FAR AWAY, there lived an elf who shot banks for a living.........

Now through the power of the internet there is the CONSUMER ACTION GROUP,

 

Watch out they are getting crafty those pesky CRITTERS!

 

Banks will tell you their charges are transparent!

So is the invisible man but that does not mean he is fair or lawful.

 

DONT GIVE UP! FOLLOW THE CAG ADVICE AND RECLAIM YOUR CHARGES.

CAPITAL BANK! YOU ARE NEXT.

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Thanks demon - my sister said the same (she knows I won't let this go!)

 

I have spoken to him a few times, and I admit he has always been civil and not once raised his voice or shown any anger. But will give the 'introduction' idea a go!!

den3371:p

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The DVLA WILL give out the name of the registered keeper for a fee - assuming you draw a blank with the Electoral Register. You need to state that you require the driver details due to an 'insurable event on private property' and you require the keeper's details.

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Go for it - but please have a friend with you. If he's the sort of person I think he is, he may not be able to have a calm and intelligent conversation with you. You could slip in a "Oh, btw, we've never properly met, have we? I'm [given name] [surname], you are?" You may get him to give you his full name if you catch him off guard.

 

Can I make another suggestion? It may be worth investing in a small and cheap dictaphone or similar - if you do end up meeting face to face, it would be very easy for you to agree something and him claim at a later stage you're making it up. Better to be safe rather than sorry.

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Good point bispers - i could use my mobile to record the convo couldn't I? As you imagine money is very very tight at the moment so I would rather not have to buy something if I can at all avoid it!

den3371:p

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Yep - been known to use mobiles as dictaphones in our house for (work related) interviews.

 

I don't believe you have to tell the other person you're recording them, either - he's more likely to speak freely without knowing you're recording him I expect.

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Just to point out; a sworn witness statement is every bit as compelling as evidence as a recording of the conversation - in Law. Obviously if a sworn-in witness is found to have falsified their statement they are in contempt of court and may have committed perjury - and therefore their testimony is assumed to be accurate and truthful until proven otherwise. A recording is accepted at face value also and is therefore no "better".

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However, if the sworn statement diverges from the recording, the latter is not only considerably 'better' it also discredits the witnesses version of events. Therefore should a transcription of a recording be offered in evidence it often prevents the situation previously described.

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I am no longer welcome on CAG

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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I understand what you are saying tomterm8 and it had crossed my mind to leave it alone, however, if I had smashed his car up with a sledge hammer, do you think he would allow me to walk away and not pay a penny?

 

Sorry, but I am feeling even more emotional now as our cat took a turn for the worse yesterday and may need more surgery which I cannot afford. I have to take her back to the Vet again on Tuesday.

 

How can I let this man get away with this? I know I may not get any money from him, but I don't want him to think I am a pushover and will just let it lie.

den3371:p

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I just wanted to say a HUGE thank you to everyone who has helped me with advice and tips. I now have the guy's name and address ;)

 

My cat took a turn for the worse at the weekend and will need another operation, I will wait now until she is stronger, but I have the court papers to file a small claims. Obviously the guy never got back to me after I posted the invoices etc, so once Rosie is out of the woods, I'll send him a letter before action of court proceedings.

 

So once again, thank you very very much to each and everyone of you!:D

 

Denise

den3371:p

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Thanks for your help guys.

 

I have the girls name (nice Postman!) but it's the man's details that I don't have. She is listed on the Electoral roll, but as a single occupier, noone else is listed.

 

quote]

 

If you wanted to be really spiteful you could speak to the council & state there are 2 people living there - I bet she's claiming the 25% single person discount for council tax which is why he isn't listed...:D

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Thanks for your help guys.

 

I have the girls name (nice Postman!) but it's the man's details that I don't have. She is listed on the Electoral roll, but as a single occupier, noone else is listed.

 

quote]

 

If you wanted to be really spiteful you could speak to the council & state there are 2 people living there - I bet she's claiming the 25% single person discount for council tax which is why he isn't listed...:D

 

I could, but since the incident he hasn't been there much, maybe there every other day. He isn't even listed on the 'other' address I have for him!

den3371:p

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hmm it may be worth checking out whether he goes to that other address at all. Also as I mentioned earlier I wouldn't muddy the water with anything like the council tax issue or maybe that his car is reg'd at the wrong address till you get your money - any other outgoings may affect this. So best to hold off till after all your bills are paid.

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Ok, just a quick update.

 

I asked the guy to get back to me with a proposal of payment by Sunday 29 April, no surprise but nothing!

 

I need to hold off a little while as our cat is still undergoing treatment and needs another operation next week, so I want to wait before filing a small claim so I can get the amount to claim correct.

 

I am more determind than ever to make this guy pay now. Yesterday I had the window open that looks out into the back garden (cat is shut in a spare room whilst she recovers!!) I was in the kitchen at the front of the house, my Son comes running in telling me the 'dog is trying to get in!'.

 

One of the Staffs was in the garden again on her own and unsupervised jumping up at our open window, my thinking is that she could smell the cat and even though I washed that area down after the attack, the dog must be able to smell something.

 

My Son (8yrs) was in hysterics as he saw the attack and now thinks the dogs are going to get him. I was going to go and talk to the guy yesterday but my Son didn't want me to go so I stayed put.

 

I am going to call the Dog Warden again today, but do you think I should call the Police?. I don't want this Dog jumping up at our window and scaring my Son, I also don't want to keep my windows shut all the time!

den3371:p

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If the dog is acting aggressively around you and your son, den, then you have every right to call the police. "The dog is trying to get through the window, the owner's nowhere in sight, it attacked your cat last week and now you think it's going after your son, and it's a fighting breed." Should get someone out :)

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