Hello A woman took my husband to the small claims court for a cheque that she had made payable to me. At the second hearing the judge or sheriff (I'm not really sure what they are called) threw the case out as the case should have been brought against me. He then went on to explain to the woman that she should take a small claims out against me as it was me that she wrote the cheque out to. He then said it was me that was liable for the cheque, (even though I was acting as an agent for this cheque) and that if the woman takes out a small claims against me he would probably make a judgment in her favor. What I want to know is have my human rights been violated in this case, as the judge/sheriff has not afforded me the chance to put my case across and would not let me explain about the cheque and told this woman to take a claim out against me and she will probably win. I am now receiving abusive letters from this woman stating that as the judge/sheriff said it was me that was liable, she wants her money back. Any thoughts or help would be appreciated.

I'm not hopeful there is a solution at this stage, as I have left it too late to do much, so that's my own fault! I'm terrible for just pretending the problem isn't there I guess I just have to pay up and avoid going to court. The return date on the court summons is August 15th and calling date is August 29th. But if anyone has any ideas or suggestions, it would be much appreciated. I received a Small Claims Summons, a few weeks back now. Was surprised as I have no knowledge of this debt or the company making this claim, which is Arrow Global Guernsey, who apparently bought this debt from Phoenix Recoveries in 2011. It states on the court summons, that Phoenix provided goods to me on or around 22nd May 2004 for the sum of £123.58 and that is the amount they are claiming, plus court costs, total of £249.11. Obviously Phoenix did not "provide" goods to me, as they too are a debt collector, so I have no knowledge of where the original debts comes from. I would guess it was prior to 2004 though. I do know/remember in 2004, I went through a tough time with one of my boys taking seriously ill and subsequently having a bone marrow transplant. I'm more than aware I accumulated a number of small debts. I thought all had been settled and cannot access my Noodle account at the moment. Many thanks in advance!

Help please: I have 5 days left to submit my witness statement to a claim initiated by my ex-landlady that we failed to honor the surrender of terms agreement and claiming for £2000. The conditions of the Surrender are as follow: a) That we pay £500 by March 15, which we did pay by March 14 b) A further £500 by March ending. We weren't able to physically pay this but we mandated the Deposit scheme to pay her the amount from the £1000 deposit. This instruction was obeyed and she did receive the £500 although by early April c) Property is given back in accordance with the terms & conditions of tenancy agreement. The property was given back to the best of our ability but the agents observed some repair issues. We were able to accept some of the repair issues and paid £240 but we vehemently disagreed with some. In my statement I have given a chronological state of events but I want to be sure I stand a good chance in front of the judge. Please what are the key legal details I need to include in my case to proof that we DID honor the surrender of terms conditions:???:?

To cut a long story short I purchased a bike mail order in March for £4000. This week the gear mechanism sheared off breaking the frame. Without getting too technical there are 4 basic possibilities, a) it had been damaged in an accident b) it was set up incorrectly by the shop, c) the part failed and d) something jammed causing undue stress on item. The store has not seen the item (its the other end of uk) but insist its accident damage, the manufacturer who has not seen the bike state its the shop or my fault and not a warranty issue. The damage will cost £2000 to repair and I'm obviously unhappy as I've only done about 500 miles. My question is who has to prove liability? Its obviously impractical to get the parts forensically examined but there is no obvious accident damage as the bike has never been in an accident. Can they just claim I broke it?

ASA Adjudication on PPI Claims Management Company Ltd PPI Claims Management Company Ltd t/a Lion Claimline The Perfume Factory 140 Wales Farm Road London W3 6UG Date: 6 August 2014 Media: E-mail Sector: Financial Number of complaints: 1 Complaint Ref: A14-264781 Background Summary of Council decision: Two issues were investigated, both of which were Upheld. Ad An e-mail from a PPI claims management company, stated "... we only send emails to people who have provided their permission and wish to receive them". Issue The complainant challenged whether; 1. the email breached the Code because it was unsolicited; and, 2. the claim "... we only send emails to people who have provided their permission and wish to receive them" was misleading and could be substantiated. CAP Code (Edition 12) 10.410.4.43.13.7 Response 1. & 2. PPI Claims Management Company Ltd t/a Lion Claimline said the complainant's e-mail address had been collected by one of their external lead providers, who they commissioned to send out advertising content and who used external suppliers' opt-in mailing lists. They said they, and their external provider, used content only from opt-in mailing lists and they provided an assurance that the complainant's e-mail address would be removed from any further mailings. Assessment 1. Upheld The ASA acknowledged Lion Claimline's assurance that they would remove the complainant's e-mail address from their database to ensure they received no further marketing communications. However, despite the complainant's assertion that they regularly opted-out of future e-mail communications, they had nevertheless received a further marketing communication. Because a marketing communication had been sent to a consumer unsolicited we concluded it breached the Code. On this point, the ad breached CAP Code (Edition 12) rules 10.4 and 10.4.4 (Database practice). 2. Upheld As with point 1, we understood that the complainant had received a marketing communication despite not having opted in, which we considered contradicted Lion Claimline's claim that they only sent e-mails to people who have provided their permission and wished to receive them. We therefore concluded the claim was unsubstantiated and likely to mislead. On this point, the ad breached CAP Code (Edition 12) rules 3.1 (Misleading advertising) and 3.7 (Substantiation). Action The ad must not appear again in its current form. We told Lion Claimline to ensure they did not send unsolicited e-mails, and to avoid making claims that e-mails were sent only to those who requested them in future, unless they were able to demonstrate it unequivocally.

Rogue claims companies that provide bad service and bombard people with nuisance calls face fines totalling hundreds of thousands of pounds under new plans. Those who use information gathered by unlawful unsolicited calls and texts, waste people's time and money by making spurious claims or use misleading marketing could be fined up to 20% of annual turnover, justice minister Lord Faulks said. Fines will be based on the turnover of the company and the nature of the offences, meaning they could potentially stretch to millions of pounds in some cases. Lord Faulks said: "No longer should claims companies be able to plague hardworking people and waste everyone's time. "The scale of these fines shows just how serious we are about stopping them. "This is also good news for the reputable firms in this industry, as it will boost confidence in the services provided by the sector." The fines, due to be introduced later this year, will be brought against companies which break rules set by the Claims Management Regulation (CMR) unit at the Ministry of Justice (MoJ). CMR head Kevin Rousell said: "Again and again we have seen examples of bad practice from claims management companies (CMCs) that continue to plague the claims industry and bother the public. "We already take tough action against companies which break the rules, but now these fines will help to drive malpractice out of the industry and improve the reputation for those who do follow the correct procedures." The unit already has powers to vary, suspend or cancel any firm's licence to operate in the claims management sector. In April last year, a ban was introduced on referral fees in personal injury cases. Latest figures show that the number of CMCs registered to handle personal injury claims has fallen from around 2,300 at the start of last year to 1,200 at the end of May, the MoJ said. https://uk.news.yahoo.com/rogue-claims-firms-face-fines-232355951.html#XuEncTV dx

Hi, I posted on here a few years ago when my partner was having trouble with Lowell, for years she has received threatening letters and finally a court letter arrived and she filed her defence as per the statute barred template defence from previous threads. They have come back saying as above, notice of allocation to small claims track so seem persistent. She is 99.9% sure she has not paid anything for 7-8 years on this originally Lloyds account but because they are pushing it is worried she has it wrong. She tried to call Lloyds a few weeks ago to ask when the last payment was made but they said it had been passed over and they couldn't give her the answer, is this correct? We have checked her credit report and nothing shows for Lloyds however it does show her defaulting to Lowells for the past 18-24 months. Are they allowed to do this? It appears they have just started a fresh record on her file from a start date that they have made up. she is now in a position where she needs to reply to the notice of allocation to small claims track but doesn't know what to put. We are both confused to agreeing when she has already defended it as statute barred. From reading on here it is up to them to prove it does exist but does that mean it can get to small claims before they provide proof? Any help on this issue is hugely appreciated. T he form has to be sent back by 11th August however the letter was only received this morning and we go away Weds afternoon so wanted to submit before then. Thanks Forest5

Hello, I recently tried to renew insurance for my van, on telephoning the company i was with I was told that I had 3 claims on the cue database which tripled the cost of a new policy. Having more than one person on the policy I could not be sure that this information was not correct and so allowed the company to cancel my insurance policy due to non disclosure of claims. When I rang a different company to get a quote only one claim was present on the database. The claim in question was supposedly ongoing at the time of talking to the first company but by the time I rang the second it had changed to an at fault, closed claim for near £600. I do not believe this information to be true, I have received no mail regarding the claim and it was a very minor incident at slow speed with no real damage. My new policy is now threatening to cancel due to non disclosure of claims. I believe that 2 of the claims have been fabricated and the third has been exaggerated. When I phone the company I am put of hold indefinatly. What should I do? How can I ensure that I get truthful information regarding the open/closed exaggerated claim?

hi... very new to this and hoping someone can help... . i have received a letter today from money claims online saying judgement has been made against me for 235.00 and i must pay!!.... this is the first i know of any kind of official proceedings... . i was aware that a company had threatened to take me to court for 130.00 that i disputed owing them but i never heard any more.. well i callled and was told as i had not responded jugement had been made in their favour and i now had to pay 235.00 to them!! .. i said i knew nothing and they said a letter had been sent.. . i live very rurally and its not unusual for mail to not arrive so my argument is how if not sent recorded can this be the case. .. i was told i could get it set aside on a n244 form but it would cost me 155.00!!! help they have me over a barrel here they said that the rules are as long as they posted it its classed as served ?? is that right? any advice greatly appreciated thankyou

hi all i have been told to try this forum for advice. I have just received a small claims summons for action of payment at Ayr sheriff court about an outstanding debt, what i was hoping to find out is whether the debt is time barred? The summons says that the debt pursuers purchased the debt on the 12 December 2008 but i was lead to believe that in Scotland it was statute barred after 5 years but i am to attend court on the 15 of August. Any help is greatly appreciated as i`m pretty worried about this, Jan

hi all, i have just received a small claims summons for action off payment at Ayr sheriff court about an outstanding debt, what i was hoping to find out is whether the debt is time barred? The summons says that the debt pursuers purchased the debt on the 12 December 2008 but i was lead to believe that in Scotland it was statute barred after 5 years but i am to attend court on the 15 of August. Any help is greatly appreciated as i`m pretty worried about this, Jan

Hi All I really need some assistance on this matter. My mother in law is claiming money from me for a period that i lived with her 4 years ago. I lived with her for 4 months, i moved on and am still going through the divorce process with her son. She is claiming £4500 from me for expenses, food and travelling costs. She said there was a verbal agreement that i will pay her back and i can't remember ever agreeing on any amount. Does she have the right to do this? She said "dont worry you are family, i will look after you"

Hi, Basically i have an old debt with Capital one which has been passed onto Lowell DCA. I requested details of the debt under s87. DCA replied and sent a photocopy of the agreement with no terms and conditions etc. I then ignored the DCA to which northampton bulk centre stepped in and filled my defence asking for all GENUINE signed documents to be sent to me.. I have not received any documents from them since. I then received a notice of allocation to the small claims track hearing. The parties shall serve upon each other and file at the court 14 days before the hearing date A) Written statements of evidence of any witness. B) Copies of documents relied upon The original document shall be brought to the hearing. Is there anything i need to do or worry about with this case? What i must say though is the name on all documents that they and the court have sent has the incorrect surname on. As i changed my name since the last use of the card but before any action being taken. I have checked my credit file and also notice that they hold the wrongdate of birth on the account.

I am taking Vodafone to a small claims court. I purchased a Sony Xperia Z1 in April 2014 on the premises that it is waterproof up to a depth of 1.5m for 30 minutes as advertised on Vodafone's website. Upon taking the phone into a swimming pool for less than 10 seconds the phone became inoperable despite closing all the port covers on the phone. Upon calling Vodafone they said that the damage was not covered by warranty and that I would have to take it to a Sony repair centre at my own cost. I refused as I purchased the phone from Vodafone based upon their advertisement (Vodafone initially refused it was their advertisement and that they only put it on their website because Sony told them to). To cut a long story short they eventually agreed to replace my handset with a refurbished replacement. To my dismay this replacement was also faulty (Different faults) so I also sent this handset back for them to repair. Two weeks later and they have sent me back another broken handset. I have been using a temporary phone for 6 weeks, have spent countless hours talking to Vodafone and am at the end of my patience. Now I now wish to use my rights under the Sale of Goods Act 1979 and return the phone for a refund because: • The good is not as described (phone advertised as waterproof when it is not) • Fit for purpose (the replacement phones they sent are faulty) • Vodafone have failed repair or replace faulty goods 'within a reasonable time but without causing significant inconvenience'. What would be the best way to go about this? [ATTACH=CONFIG]51736[/ATTACH]

hi every one, New to this website and need some advice please. I am a chaffeur, I was issued a parking eyes ANPR ticket parking front of ( Holidays Inn Hammersmith Entrance ) to pickup a client. The ticket was sent on my old address. Based on the information on this website, I reply the Parking eye and told them that the ticket is not valid and they should cancel it. Also I inform Parking eye with my new address details. which they totally ignored and send me court summon on my old address two months ago. I read the information from this website and defend the claim according to the guide. Today I receive Notice of Proposed Allocation to the Small Claims Track. My question are. Does the parking eye taking the case to court hearing? Do I need to reply to this proposal? what are the odds to win the case if they are going to hearing? Place where I Parked: Its a hotel on King Street Hammersmith, which has a private road on the side and the main entrance is on the side private road. The ANPR camera is at the entrance of the road but not at the entrance of the Car park which is at the end of that road. here is google streetview version. So as you can see the set down and pickup is not in the car park but front of the hotel door. I dont occupied any parking place to pay for it, so why would I pay for it? any advice welcome please.

I have received a Summons, having overstayed approx. 20 mins in B & Q car park, Sutton on 12/12/13. I ignored the initial correspondence, having looked at advice which I think was out of date. Can someone help me to deal with this. The time limit was 2hrs and 45 mins. The summons is for £85 amount claimed, court fee £15, solicitor's costs £50 - total £150.

Hi, I'm currently helping a relative defend a case that was filed against her from an estate agent who carried out unsafe works in her property at the beginning of the tenancy. The Claimant is represented by a solicitor, and my relative (Defendant) is litigant in person. Both parts provided written evidences and witness statements to the court but the Defendant received two weeks ago the court letter ordering: - The case be listed for 06 June 2014 with a time estimate of 1 and half hour - The Claimant to file and serve a reply to the defence at least 3 days before the hearing - Claimant witnesses to attend to give evidence Also, can the Defendant ask to the court : a) the Claimant to file and serve a reply to the defence at least 14 days before the hearing? b) A further 1 hour for each claimant witness in order to allow the Defendant to question them accordingly [as we believe the Claimant is going to provide fake witnesses and also commit perjury (the Claimant has never talked about any witness in his statements)]? Thanks

Hi, I am thinking to raise a small claim case against a MNO via post and I need some helps filling in the form. Any inputs will be greatly appreciated. In the heading of the form (Pg1) it asks about "In the [Do I write my local county court here or something else?] Fee Account no. [Does this refer to my bank account number which will be used to pay the court fees? What exactly should I write here? or Can I just leave it blank?]" For "Value" and "amount claimed", not a fixed or specified amount of money to be recovered as I am currently still being charged by the company until I win my case and have all my previous payments refunded. In this case can I simply write [expect to recover no more than £xxxxx] in the "Value" section, then tell the court [i expect to recover court fees and previous payments made to the company] in POC, and leave "Amount claimed, court fees, Legal representative’s costs" blank?? I believe that I have to send 3 copies of my claim to the local court as one will be for the court, one for the defendant and one for me right? Do I have to send any documents to support my case at this stage? Thank you in advance for all your help.

Hi All, New member here. I am looking for some help please. I have seen all the fuss regarding PPI and I haven't thought of claiming as when I was 18-23 I got myself into some financial issues and ended up not paying back I had a credit card and loan with Egg around 2001-2005, and I know I was paying PPI on both products. When got into some financial trouble around 2005 and in the end I stopped paying them, and then lived with the bad credit on my credit file for the 6 years whilst avoiding DCA's. I now have a clean credit file as the debts have become statue barred and have dropped off the file, and have since managed to get a mortgage, and another credit card. I was wondering if it was worth claiming for the PPI I was missold? Will the debt reappear on my credit file? Will they be able to start chasing me again? Will they just keep the money I would get from any claim anyway? Also if anyone could help with who I would contact regarding the claim for Egg that would be beneficial.

Hi, I put a PPI claim in to the FOS on behalf of my husband October 2010,at the time he was still managing to pay his CC and loan, however it all went belly up in April this year and as I have heard nothing for months from the FOS I'm wondering where it will leave this claim when the HSBC take action against him which from the letters received yesterday could be soon Ro

Hi all, I have been named as the defendant in a small claims case that I believe to be groundless. It relates to a 2 year old parking accident causing damage to another parked car (unoccupied) which was fully resolved with my insurer at the time. 2 years later, and with no prior correspondence, a claim has arrived for damages relating to a week's lost wages even though the settled claim included a substantial hire car charge. I assume that I will get this easily thrown out, but because I now live abroad I am unable to be present to defend myself. Do I have to pay for a solicitor to defend a nuisance claim, or can I request that my written defence be considered by itself? I have a relatively short window to respond, and this is entirely new and unexpected so any advice would be gratefully received.

My wife and I went to live in Spain (we are both retired) and decided to lease our house which is in her name. the lease was drawn up by her solicitor for a year, when the term was up we were asked by the tennents if we would extend it for another year they had been good tennents so the lease was extended for another year. My wife was taken ill so we came back home and lived with our daughter soon after my wife died. There was almost a year to run on the lease, I contacted all the officials involved with death. As we had seperate bank accounts I contacted the bank who froze her account but paid certain expences (funeral director, tax ) and also allowed money to be paid into the account but advised me as I was excutor on the will to open a seperate account, which I did there was various money coming into her estate. I spoke to all the debtors involved and there was no issue in paying the money in to the executor account I opened. When I told the couple that had leased the house there was no problem with them staying to the end of the lease or extending it if they wanted to they were happy with the arrangement. After a few months I had noticed they had not paid rent then I got a letter from them saying they were not going to pay as they could not be sure I was the executor, the solicitor that drew my wifes will up and contacted them and told them I was named as exexutor on the will. I then got a telephone call from them telling me I did not have the legal capacity to act as executor to collect monies owing to her extate in. I told them that the statement they made was rubbish, I then got a call from them demanding to see the letters of administration which from what I can understand you get these if a person dies without a will. After six months I wrote to them and said if payment was not made to the executor account with in seven days I would put them into court. The seven days came and past without payment so I put them into money on line court. with in days of the summons being delivered they said the mony would be paid by fast bank payment but in two days this did not happen. but several days later on the 1st of the month a payment was made but not all of it. I then got a letter from the court with their defence they changed the date and have made it look like they had paid in full before they got the summons. The court paper work asks have they paid (which they have but not in full nor did they pay in time and the only option I get is do I agree or do I disagree. where do I go and what do I do from this point on as there is several thousand pounds out standing to the end of the lease any help would be greatful Jack

Hi guys, I purchased a car 2 weeks ago from a second hand dealer. I drove it the next day and on the way home (at night) and realised that the lighting on the dash had gone. I couldn't see how fast I was going, how much fuel I had etc. I thought, "I'll take that back tomorrow and get that fixed." The next morning (less than 48 hours after purchase), I noticed a massive oil puddle under the car I've just bought. I drove the car back to the dealer and he apologized and got a mechanic from the garage next door to take a look. When he dipped the tank, there was zero oil left n the car, it was bone dry. The mechanic said it was a rear crank shaft oil seal that had gone and that although the seal itself is cheap, labour costs would be substantial. The dealer said that he would cover the costs but would have to get his own mechanic to take a look. This mechanic was on holiday and would not be back until Monday. (Today was Friday). I said it wasn't ideal because I'd have to find a way to get to work, but I'd deal with it, so I got a lift where I could. I did ask if I could use a courtesy car and his worker said there were no cars available and even if there were, I would not be insured. When the Monday came, he phoned me and said that he had ordered the seal and that the worng one had turned up. He was very sorry, but I would have to wait a further 4 days. Thinking there wasn't much I could do, I thought I'd be reasonable and get a hire car, so paid £142 for a hire car for this 4 days. The day came when it was going to be fixed and surprise, surprise....another phone call and another delay. A friend of mine who is a mechanic (but unfortunately lives the other side of the UK) told me that the laour time for this job is about 5 hours tops. This time, I wasn't prepared to wait any more or pay out for taxis or hire cars and so I said I wanted my money back instead. I said I'd waited enough for this repair and the car was not useable. When I phoned and explained to the dealer that I wanted my money back, I explained that I was having to pay out daily costs for taxis, hire cars etc to which he asked why I didn't get given a courtesy car. When I told him I had asked and was told no by his co-worker, he apologized and said that I had been given the wrong information and there were indeed a choice of 5 cars I could have used! Having these faults within 24 hours and still not fixed 13 days later, I persisted and said I wanted my money back. (The £1000 I paid on debit card and the £400 trade in I got for my car). When I asked if the car had been PDI tested, he said it had not been and "do you really think I'd sell you the car if I knew it was like this? Trust me it's as much trouble for us as it is for you." He then said the car was not actually his and it was another dealers. He would phone them and see what they wanted to do! 20 mins later he called and said the dealer said he wasn't willing to give me a refund and I'd just have to "wait it out." I said that this was unacceptable and that the receipt was for his dealership, not someone else's and the money was paid to his dealership too! He asked if I wanted him to repair the vehicle when he gets round to it and I said he could do as he wished as I was rejecting the car back to him and would not be driving it again. The car is still with the dealer with the faults. I ended the call and have written a letter stating why I want a refund and that I would like a refund/response within 14 days. The letter was sent tracked as well. My question is.....what sort of chance do I stand if this goes to small claims? (Sorry in advance for using too much info, I didn't want to leave anything important out so thought I'd give as much detail as possible!)

I have been contacted by the CSA who have backdated a claim to 2006 and have told me I owe £22k. I have never ever been un traceable and have told my ex where I am living. I agree I have to contribute towards my children but disagree with he amount they want to take. I work full time and this month came out with £970.by the time all my bills are paid and I already have a CCJ that also came out of my pay I have nothing left CSA say the minimum amount I can be left with is £1100 they don't seem to be taking into account the CCJ does anyone know if this is correct ? I can barely pay my bills now and have nothing left, we are existing and nothing else. I have always works all my life and wondering now is it really worth carrying on working. I'm pretty much at n all time low. I know some of my debt is down to me and shouldn't have got into this state but when you don't earn much it's easy to do.

I work for a company that is making false claims to its clients. These claims are also posted on their website. I have worked for the company for 4 years, I know the claims are false and can prove it. The staff are encouraged to repeat those false statements to clients. I had to visit a client recently and was questioned about one of the claims, I had to lie in order to protect the company I work for, in fact I was advised by my line manager to repeat those claims, as that is what the client was told in order to secure them as a client in the first place. What would be the implications be if i was to go public and name the company and its false statements. Aside from the impact it would have on my position at the company, what are the legal implications? What would be the implications if I went to the clients and told them the statements made were false? Recently I have been feeling bullied by the management, the moral within the employees is low and I am looking for an alternative job anyhow so I am not concerned about my position at the company, I would just welcome advice on the legal implications please. The company I work for is an SME with less than 20 employees and is a LTD company. I would be very grateful to anyone who could advise. Thank you