SuperVillain
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Creditor starting court proceedings.
SuperVillain replied to wingyella's topic in Debt Collection Agencies
Fast track. But agree, if at all possible try and get the outstanding amount under £10k so it becomes a small claim. -
I've done it and I've had it done to me too. They'll quote CPR 27.14(2)(g) and suggest that your conduct is unreasonable. From my own experience it seems to be a very high bar to get over (a Claimant flat out refusing to engage in any settlement discussions is apparently not unreasonable conduct) so unless you have done something outrageous there's nothing to worry about. However we can't answer whether or not you've done anything outrageous. You haven't provided the details of your case as requested by Bankfodder. If, for example, you've started a case which is an abuse of process or has no cause of action (and therefore a zero chance of succeeding) then a harsh Judge may consider that unreasonable and award the Defendant costs. With the information you've given we can't say.
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Good luck. https://www.lawgazette.co.uk/news/customers-face-cheque-mate/35221.article - a bit of light reading for you on dishonoured cheque proceedings in case they try to defend the claim.
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You can use MCOL to start a claim against a company. There should be a button or something to click between 'individual' and 'organisation' in the Defendant's Details page.
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I would echo these statements of unease about you acting as representative here. Your failure to use the Court form could be impactful on the case, depending on whether the other side suffer any prejudice. What did the Court Order say word for word as to disclosure? Were all the documents in the possession of your friend/client/associate on that list? In conjunction with the actual list of documents the N265 Court Form contains a Disclosure Statement. This is just as important, and it requires the person completing the form to sign a statement of truth attesting that they have carried out reasonable and proportionate searches for all relevant documents. Arguably, without this signed statement the list is meaningless... As has been said the potential pitfalls of a multi track case are the adverse cost consequences that can follow from things like not complying with a Court Order.
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Barclays First Plus/Elderbridge FOS Mediation
SuperVillain replied to Myfamily's topic in Mortgages and Secured Loans
See post 481 in your last thread - posted by Andyorch. That seems to suggest that there is a presumption that the mortgage lender is entitled to costs therefore it won't necessarily be mentioned on the Court Order, however the t&c's of the mortgage will outline what they will seek to claim. -
Well done. Did the Judge say anything about handing down directions? Diections would be the timetable for the rest of the case leading up to the trial and that is what would normally happen next if the court process the directions questionnaires correctly.
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So this is not your case being heard, or a case management conference. Your case was struck out (i.e. closed) by the Court. In your post #8 you said this was because you didn't send in some documents. You then made an application to Court to effectively reverse that decision and reinstate your Case. Please can you tell us what documents it is alleged you didn't send?? This is what tomorrows hearing is - "The hearing of the claimant's application for appeal against decision to strike out claim" i.e. to decide whether your case should remain closed or be reinstated. So you need to turn up tomorrow with evidence that you did send whatever documents the Court wanted you to send on time - i.e. the recorded delivery confirmation, signed for confirmation etc. You must tell the Court that the decision to strike out your claim is therefore wrong, as you did not fail to send in the documents. As this is an error by the Court, ask the Judge to reverse the decision to strike out the case. With regards to the Defendant's costs, if they ask for them to be paid by you, you must tell the Judge that the strike out of the case was down to an error of the Court and therefore you must not be penalised for that by paying the Defendant's costs. This response is entirely based on what you said in post #8. If anything in your post #8 is incorrect or incomplete you need to post up here chapter and verse as to what happened leading up to your case being struck out.
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Issue with waste disposal broker overcharge***Refunded***
SuperVillain replied to modo82's topic in General Consumer Issues
Lots of questions. 1. Do you accept that you were overweight on the smaller bin? 2. What kind of rubbish to you typically put in these bins, and do you remember if there was anything unusually heavy thrown away on these occasions? 3. How often are your collections? 4. Where are your bins kept between collection dates i.e. are they secure? 5. How long (minutes/hours/days) between putting the bins out and the actual collection taking place? 6. Do you know how your bins are weighed (presumably it is a weighing system incorporated into the bin lift on the bin lorry)? 7. What kind of businesses are around you and do you know what bins they use (same company?) and what kind of waste they're chucking? However, having said all of that, the charge is about £55.00. The likelihood of them issuing Court Proceedings for £55.00 is slim. If you were to file a defence to the claim it would certainly render it uneconomic to pursue. Therefore I'd be tempted to just stand your ground on this. Or if you accept you may have been overweight by some degree then make an offer. -
Just send a copy of the video evidence to the other side and another to the Court, both on a USB and a link to an internet version as stated above, at the same time as you send everything else. Then make sure that when you get to Court, you have a method to be able to play the video evidence (ideally a laptop with the USB). Make sure the video evidence is referred to in your bundle index.
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I think she is correct, same thing happened to me with a DVD containing a video file I sent with a witness statement. I was told (at court on the day of the trial because no one said beforehand) that we couldn't use the court's computers to play it during the trial and the DVD would have to be in a format that could be read by a DVD player. I think it's an IT security measure. Do you have a laptop you could play it on?
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Just thought I'd share my own bad experience with JL just before christmas - buying a fridge and freezer. I too picked them for a supposed better standard of service. Bought the appliances in store, and asked for the handles to be swapped so the fridge could go on the left, and freezer on the right - paid extra for that. Guy in store took down all the details nice as pie. Low and behold a week later they arrive and handle is on the wrong side. On the phone with them all afternoon and they say they'll send someone round in a couple of days to do it. Couple of days later get a call from JL 'We'll be arriving with your delivery this afternoon' - eh? What delivery, I wanted the handle swapped on the fridge - 'oh we can't do that you'll have to ring JL'. To this day I don't know what they were going to deliver. Eventually after another week or so that gets sorted. Then my mum goes into store, speaks with the same guy who did the initial sale about the extended warranty - JL gave us a quote at the time and said we had 30 days to accept. Guy gives her an ear bashing about having to register the product with the manufacturer (which we had done) and then when she said she wanted the JL warranty so that if there's any problems she can deal with JL rather than the german manufacturer he proceeds to tell her 'well it isn't mr john lewis who'll come and fix your fridge'. So complaint lodged, bit of back and forth and they honour the original warranty quote and offer a £200 voucher... which I am still waiting for 2 months later. [edit - 3 months later, just realised it's April!]
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Your formal witness statement will read like a timeline of what's happened. It should have numbered paragraphs, and any documents you want to include should be referenced in the paragraphs with copies included at the end of the statement in numbered exhibits. Try to keep it succinct. For example: 1. I am the claimant in this matter and the matters contained in this statement are true to the best of my knowledge. 2. I purchased a car from Available Car on [DATE] at a cost of [PRICE]. A copy of the purchase receipt is attached a exhibit RDH1. 3. On [DATE] I noticed a fault with the car in that [describe fault]. And so on and so forth right through to when you issued proceedings. When does the court order (the one with the hearing date) tell you that the witness statements are due to be filed and served? Is it 14 days before the hearing i.e. by 18th May? The trial bundle index is a list of all the documents relevant to the case that the Judge might need, e.g. all the court docs (claim form, particulars, their defence, any court orders/notices), your witness statement, their witness statement(s). You don't need to do the bundle yet, just focus on your witness statement.
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Depending on what that independent witness says, I think OP could send letters of claim to both landlord and tenant. And even via MCOL, OP could then issue claims against both landlord and tenant under one set of proceedings if getting nowhere in correspondence. Might be better in the context of proceedings, to let them fight it out between themselves as to who's responsible. One thing I would suggest is you move quick with getting that witness statement and deciding how you want to go about this - those tenants may not be there in a couple of months time...
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Oh ok, well in that case remind them that payment is due by 6th April and that if they don't pay enforcement action will be commenced. And re-iterate that the matter has already been subject to a trial and that they have no reason to inspect the vehicle now, and therefore you/your dad will not allow them to do so.
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Which is a bank holiday so if you don't have payment in cleared funds by close of business today they'll be in breach.
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Was all the damage caused by the most recent instance of the garage door falling on the car? If so, your cause of action is against the tenants in my view. I would say that for the same reason, if you pursue the owner you may be unsuccessful in a negligence claim (he left the garage door there initially, but the 'chain of causation' was broken when the tenants moved it). By moving the garage door the first time they established a duty of care to you (and anyone else) to ensure that it was stored so as to not cause damage or injury, and were negligent in not doing so.
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By the way my post assumes the time the Defendant was allowed to pay has passed (i.e. the Judgment will say forthwith - immediately, or specify a number of days the Defendant has to make payment).
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They have a Judgment against them which orders them to pay within a certain time (or forthwith). The time for disputing this has come and gone and as such they don't need to inspect the car, and you don't have to let them. The Defendant was at the Court and has no excuses. Therefore, I would suggest that you write to them and tell them if payment is not received in your (dad's?) account by Midday next Friday (due to bank holidays or I'd only give them till Wed), then you will be instructing a High Court Enforcement Officer (if your Judgment is over £600 or County Court Bailiff if less than £600) to recover the monies, which will mean the garage has to pay more. Have you had a copy of the sealed Judgment order from the Court yet? If so send a copy of that with your letter/email.
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Insurance doesn't pay for all theft damages
SuperVillain replied to Super64's topic in Motor Insurance
That's why I asked the first question to the OP. Given the time since the theft it was surprising that they hadn't paid out already. -
Insurance doesn't pay for all theft damages
SuperVillain replied to Super64's topic in Motor Insurance
That was my thought too, just odd that they specifically seek to exclude rust damage in the theft section. Mind you I've got an alfa romeo, if it does get stolen it'll probably fall to pieces before it gets too far... -
Insurance doesn't pay for all theft damages
SuperVillain replied to Super64's topic in Motor Insurance
If the OP could tell us who he's insured with we could look at the policy documents. Looking at my own policy: Section B - Fire and theft We will pay for loss or damage as a result of theft, attempted theft, fire, lightning or explosion to: 1. Your car. then later down the page... What is not covered under this section 11. Loss or damage caused by rust, corrosion, wear and tear or any loss of value including following repair Not clear what happens if my car is stolen, dumped and rusts to death... -
Insurance doesn't pay for all theft damages
SuperVillain replied to Super64's topic in Motor Insurance
So fair to say your bike is worth a bit more than that one you saw, in light of the lower mileage. -
Insurance doesn't pay for all theft damages
SuperVillain replied to Super64's topic in Motor Insurance
If your bike was stolen last year and recovered this month, have you already been paid out by the insurers, for the value of the bike? -
The Court Order (Notice of Allocation to Small Claims Track) will tell you when the witness statements needed to be filed and served. Usually for a small claim the evidence must be sent to the other party and the Court no later than 14 days before the hearing, so if that's the case, then yes 8 days is too late. Do you suspect that he has used what's in your witness statement to prepare his own? As you're at Court in less than a week it is unlikely that any correspondence you send to the Court at this stage will be considered before the hearing, but you could send the Court an email and ask for that to be placed on the Court file before the hearing (if you do send it, make a copy and ensure you take that to the hearing with you). Bear in mind if he's sent it late to you, he's probably also sent it late to Court. You can flag the issue up to the Judge on the day of the hearing - the consequence of the late filing is, according to Civil Procedure Rule 32.10: 32.10 If a witness statement or a witness summary for use at trial is not served in respect of an intended witness within the time specified by the court, then the witness may not be called to give oral evidence unless the court gives permission. If you think (and the Judge agrees) that he's used your witness statement to prepare his own, then his failure to comply with the Court order has given him a significant tactical advantage, and the Court could then strike out his witness evidence altogether. The likelihood of that happening is low on a small claim, but it's worth a shot. Depends on the Judge you get. If you don't ask you won't get. Good luck.
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