I run a small business that prints a free local newspaper which is funded by advertising. We were using a freelance salesperson to sell the advertising for us and they were paid commission only. We have now found out that the salesperson was quoting grossly inflated reader numbers to advertisers in order to get them to sign up for advertising. Basically, misleading them, or deceiving them into parting with their money. We recently parted company with this salesperson acrimoniously as there was a grievance, and now they are informing the advertisers that the figures they quoted to them were wrong and that we told them to quote them. Understandably, we now have lots of angry advertisers demanding refunds that we cannot afford to pay. Some are threatening court action. Basically, we are going to lose the business because of the unprofessional, spiteful actions of one individual who was saying whatever he wanted to ensure he made maximum commission. I'm guessing we could be looking at a Misrepresentation of Goods case, but we don't have the funds to pay out, nor can we afford to defend it in the courts. We cannot sue the salesperson as they have no money and no assets. I'm devastated as I was just trying to run an honest and respectable small business and now this malicious individual has come along and potentially destroyed it. If anyone has any advice, I would be extremely grateful.

I sold an item through PayPal (not Ebay) and it was a private sale. They received it and said it wasn't working. They posted it back to me and demanded a refund, saying I had 14 days to pay the refund. They didn't specify what, if anything, would happen if I didn't refund them after 14 days. I told them once, at the beginning of the debacle, that I was not going to refund them anything. I assumed after the 14 days they would open a PayPal Resolution Centre dispute (which I was more than happy for them to do) but instead I receive a County Court Small Claims Form. They are claiming: the original price of the item (plus postage) the cost of return postage (they returned it without my request) the court fees of £35.00 They stated they want to the court hearings to take place near Manchester which is over 240 miles from us in Devon. We'd have to use public transport, it would take a whole day to get there and we would probably have to stay over. That would amount to more than the whole claim! Basically, i'm too old and ill to worry about all of this, but i'm not prepared to pay the whole lot. I am thinking about offering to pay them the original price of the item, but NOT return postage or court fees. It works out to about 1/3 of the total cost they are trying to claim. My question: If they accept my offer, who has to pay the £35.00 court fees? Or does this court fee simply go away at that point? Many thanks

Since February 2013 Lloyds Banking Group has been cutting the compensation it pays to payment protection insurance (PPI) claimants, on the basis that customers could have bought PPI cheaper somewhere else, so they only have to pay the difference between the two. Well surprise, surprise other banks have been doing the same. Barclays, Lloyds Banking Group and RBS confirmed they used comparative redress during the following periods: Barclays offered comparative redress between October 2012 and October 2013. Lloyds Banking Group has offered comparative redress since February 2013. The RBS Group has offered comparative redress since early 2013. http://www.moneysavingexpert.com/news/reclaim/2014/04/reclaimed-ppi-some-banks-have-underpaid-borrowers-100s

Hi All, I use section 75 a lot. Unfortunately i have found that the credit card companies deliberately make it as difficult as possible to claim. This ranges from using low quality staff with no legal skills or experience and arming them with counter policy to claiming letters are lost in post. I have found taking matters to the FOS is unreliable - and depends on who you get - and very often they make judgements counter to law. I note that Section 75 is spread across CAG. I have put this tread together to try and catch as many section 75 experiences as possible, and hope we can use this to present a more united front against the credit card companies. Maybe, if we are lucky, we can even expose some of the bad practices, and help each other make quick and successful claim. Many thanks Ed

I sent my PIP form to be assessed some months ago and have about 5 months of unpaid DLA ( or whatever it is now ) dependent on it , has any one heard what will happen to those claims ? ( esp for folk living on reduced disabilities like me ) thanks, mike

Hi all, just need some advice. I've filed a small claim against O2 Telefonica using MCOL. My current claim status is as follows: How long do O2 have now to respond? My second query is, if the need arises in the future that I can add more information to my claim? When submitting my claim I was limited (by characters) to describe the reasons for my claim. My reasons for the claim are: 1. The contract, point of sale material, and the salesperson did not make it clear that a price rise would or could occur during the contract. 2. Raising prices in line with the Retail Prices Index causes me material detriment because (a) my own income has not risen by 2.7% and/or (b) in March 2013 the Office for National Statistics said RPI is no longer a national statistic which can be relied upon. The official measure of inflation is the CPI which rose by only 2%. 3. Therefore I am free to leave the contract without penalty under EU law. 4. The cost of certain out-of-bundle texts and calls in O2's recent price rise, as well as international call costs are of material detriment to me. 5. At NO TIME has O2 informed me of any RPI increases by email, text message or by post. Also, the price rise is unlawful under the Unfair Terms in Consumer Contracts Regulations 1999. This law protects people where a company imposes a term which limits the customer's rights but retains similar rights for the company. So it is free to raise prices but the customer cannot leave without paying a large penalty and is thus trapped into paying the higher price. That seems the essence of a one-sided and therefore unfair term. By O2's own admission on their own website, it states that "Our advertising has also said 'tariff prices may go up' since January 2013, which wasn't advertised prior to January 2013. As I took out my contract in November 2012 neither mobiles.co.uk nor O2 had informed me of the above. Thanks

Hi everyone, I rarely use forums, so please be kind I booked a stay in a Scottish Hotel some time ago via their trade stand at a flower show. When we arrived the accommodation was nothing like the photos on their website or on the stand. The room was damp, cold, dirty and had no soft furnishings to speak of. Bedding looked filthy and the electrical wiring rather suspect. On top of that, we were told on arrival that the water was unsafe for consumption so they'd be giving us bottled water. They were fully booked, so the only option we had was to put up with it or go home (600 mile round trip) and pay £10 to change our booking. We asked for a refund and the manager was very rude. Afterwards we wrote to the hotel a few times without joy. I therefore started a small claim online as the hotel company is registered in England & Wales. Judgement was made end of January in my favour, instructing the hotel to pay me £167.44. They've ignored the court order, despite me writing to them again twice. I even phoned and was told they have no intention of paying. They don't even seem to care they now have a CCJ against the limited company. So, what's the best way to take this further? I understand I can commence enforcement action, but only their registered address is in England. Can the court bailiffs go to the Scottish trading address? Any advice is welcome... J.

I am about to file a claim against MBNA for PPI mis-selling. They have sold the debt to a debt collection agency to whom I am making regular payments. If my claim is successful, who will be the benificiary of any compensation payment? Thanks

Found this in the local chamber of trade newsletter http://www.kentinvictachamber.co.uk/news/eu-cross-border-small-claims-procedure-to-be-expanded/

Hi, I'm self employed and live near Sheffield and I've carried out some work for a customer near Aberdeen. They have made a part payment, but are holding back just short of £1000 as they believe I haven't fully completed the work. I believe I have completed as much of the work as I can and have explained my reasons via emails and recorded letters. I have also offered to go to a mediation provider, but the customer has made no response. Should i consider issuing court proceedings? and if so, would I use the English or Scottish Courts? Many thanks in advance.

Hey guys, I'm looking for some advice. We moved out of a one bed flat last month and have been having trouble getting information about our deposit. We requested after 10 days, and some time after that we finally got a reply of the LL looking into what expenses are needed. We were told we would be given quotes for damage/cleaning. However, we didnt hear of anything for 2 weeks and we sent 2 emails asking what is going on with it. Finally, we got a reply, and they are asking for the cost of new carpets they had refitted, but have said its not really the cost of new carpet but its a package amount for cleaning aswell. Well the problem i have, is that the property when viewing already had really worn floors, which was offered to us to be replaced (as they were that worn they needed to be!) We declined as we thought to have old flooring would be of benefit to us. Unfortunately they never emailed us this question but called, so it was all verbally arranged. However, because the carpets were marked and badly stained in some places, we werent particularly careful spilling drinks, as we were told that the LL would replace them after we move out then. We were there for 2 yrs with pets. Upon hearing the money they wanted we were shocked they asked for money for the carpets as they knew they needed to be replaced regardless. The cost we thought was particularly high, and when we got quotes how much new carpet would cost we found it was £100 less for each room (bedroom and sitting room). We asked how old the carpets are to try and work out fairly then what damage we caused. But they have no idea as it was there when they bought the house. Of course also they asked for a full cleaning. But how would they justify a full clean? We had professionally cleaned the carpet, as we did try and make the stains less awful. Clearly didnt work. The windows were more clean than when we moved in. Yet, i notice they dont make notes of better cleanliness or improvement in check out reports. But said there was a lot of "debris" on the carpet or on shelves. But if its not dust, what on earth is debris? and how do u get debris on a carpet that was vacuumed then cleaned? And from comments of light dust, in places in the check in report. Replaced with heavy or a lot of dust in the check out. What do i do with that information? i was supposed to clean/wipe a shelf a few weeks before moving out, then let light dust settle? Anyway, what sort of charges are we looking at for a carpet that noone can find out the age/cost of, but had markings and some stains on it originally? Do they base it on the price they paid for new carpet? Also, the check in report, was never signed by us, we did send an email not agreeing with the cleanliness of it, but as this was sent 2 years ago, the email account seemed to delete old email dating this far back. So to summarise, what charges are we liable for, towards the flooring and cleaning?

Small Claims Court - No address for the defendant Hello, I have recently moved into a property. In the past 3 months the cellar hasflooded 7 times (each time 200+L water are removed), we have sufficientevidence that the vendor did not disclose any historic flooding, records ofeach flood, quotes to repair the issue and an independent flood reportoutlining it as an historic issue. Unfortunately the firm that carried out thehomebuyers report did not report flood issues, rather covering their back byindicating that it was dry and dark in cellar so a judgement could not be made. We have been advised that we have a very strong case against the vendor andshould begin proceeding for a small claims (for the adjustment in value of theproperty if we had been informed prior to purchase i.e. the cost of fixing theissue). The only problem is we do not have any address for the vendors. We haveasked for it via email and their solicitors but they have blocked both avenues.We have tried the electoral role but no joy. Can anyone recommend any alternative methods for finding someone's newaddress? I would be eternally grateful! Thanks Keith

Hi All I was hoping for some advice. Having purchased a new phone for £599 last September, as well as a new 24 month contract, I noticed that after 11 months a problem with the phone's battery had emerged, whereby the phone would lose all power at around the '10 percent remaining' battery mark. I contacted my mobile phone provider who I also have phone insurance with and the customer services representative performed a diagnostic test on my phone and advised that it was indeed faulty and said she would arrange for a replacement phone to be sent. I was then transferred directly through to the manufacturer without being told I was! The manufacturer offered me three options: Send the phone to them to be looked at and repaired or replaced Arrange for a courier to collect my phone and pass me a new one - a cost for the courier and a desposit would need to be placed on a credit card Visit the manufacturer's store I am registered disabled and am unable to walk properly without experiencing severe pain and discomfort, as well as unsteady on my feet, so obviously mobility is an issue. I sometimes need to be wheeled around. I need my mobile phone in case I should take a tumble indoors and need to contact someone. I am also on ESA, having had to give up my job last year (after I had paid £600 for a phone I would like to add!), so money is an issue and I do not have disposable income. Therefore none of these options were really that viable. I called the mobile phone provider again and explained these points to them and also explained that I had purchased the phone in their store, therefore the contract of sale should be between me and them, not me and the manufacturer. I also reiterated I had valid insurance for the phone. The phone operator told me none of the above mattered and I would HAVE to go through the manufacturer as the phone was less than 12 months old. I would like to add that the insurance terms and conditions state that the mobile phone provider will replace or repair any phone that develops a mechanical of technical fault within the first 36 months under their OWN warranty. Nowhere in the terms and conditions does it indicate I should not be able to get a replacement or repaired phone in this type of scenario. I then contacted the executive office of the mobile phone provider stating the above points and following lack of response, issued them with a letter of intent to take them to court. They finally got back and advised they were not willing to help and stuck to their guns. I subsequently issued small claims proceedings and have today received the phone provider's defence document. In my claim form, I have requested termination of my account as I feel they have breached contract, as well as a refund for the cost of my phone. They state that because the phone is more than six months old they are unwilling to repair or replace the phone, without proof that I have not caused the fault. Nor are they, obviously, willing to reimburse me for the price of the phone or terminate my contract free of charge. What I would like to know is the following: 1) whether there is a different time frame, rather than that of six months for an electrical item that costs £599 to be deemed faulty? 2) If I have any hope in hell in being successful should my day in court come soon! 3) Another piece of evidence to possibly present would be a taped phone conversation with the mobile phone provider today, asking about insurance and whether it would cover me in a very similar scenario than the one above. I asked permission to tape the conversation prior to beginning and it was agreed this was fine so believe the legal ramifications are little. Would this recording or even a transcript of it be permissible in court? 4) Are there any specific clauses in the Sales of Good Act that would benefit my predicament? 5) Are there any other legal Acts I can throw at them, as claimant, excluding the Sales of Good Act? 6) Finally, does anyone know where I can get an iPhone diagnostic test done independently? If the worst comes to the worst, I can get someone to take a day off work to pop it along. I'm based in London. Many thanks in advance. I'm really sorry for all the questions and for the extremely long post!!! J

I was taken to small claims court and I lost, the reason that I lost was that the claimant lied in court and the judge completely ignored my evidences and witness statement, also the claimant in question was my former tutor and I got some advice from a solicitor friend and the solicitor says that the judge was bias to the teacher and automatically believe in the words of a retired tutor and ignored the students side of the story, so at the end of the hearing I asked the judge for an appeal. She asked why and I then said that the tutor made false allegation and she did not present any proof to her allegations and the judge refused my appeal and said that I have to ask permission from another court and that I have to pay what I owe, so basically the solicitor said for me to forget about because will ended too costly and a judge will not grant us a permission to appeal because that means going against another judges opinion and I only have 21 days to appeal and before appealing I have to ask permission from the court to appeal and time is against me. So I was given 14 days to pay and I said to the judge I’m unemployed and I do not received any benefits and she simply ignored and said well you have to search online at the small claims website. So now my question is how can I get out of this situation without paying my ex tutor because she lied, so she does not deserve the money? The woman in question took me and my friend to court and my friend is employed and will be able to pay her even thou we both agreed that were stitched up by the teacher, but my friend has a mortgage and cannot have a CCJ, on my case I’m unemployed and I absolutely do not want pay this teacher back, I much rather take the money when I have and give to charity. The only reason the teacher won in court was because she lied and she told the judge that at the time she was a retired teacher working for free foe the University and she never mentioned to the judge or to the court that besides her retirement from teaching she is owns a investment company and she is the director of the company. In court she played the poor pensioner and the money that she’s allegedly say that we owe was for accommodation costs for a field trip to a foreigner country, when we were promised by her that in regards of food and accommodation costs we will not be spending a penny because we’ll be taken care by a the association that we went to work for, but when we arrived there the teacher denied everything and everything that she promised was a lied and she paid and said that we would sort it out once we are back. In court she said that we arrived in a foreign country without money and she said that we were offered free accommodation but refused and asked to be taken to the hotel, so the judge thought that we were taking advantage of this 66 year old lady and ordered us to pay the now £254,00 Without the permission to appeal and completely ignored mine and the other defendants evidences and a signed document accepting our staying for free at the charity association. Plus 3 days before our hearing the teacher contacted my witness and said for them to change their statement otherwise she will drag them to court and the judge completely ignore the fact that the teacher blackmailed the other students and she also asked them to write a statement in her favour. I'm a very honest person and I believe in honesty but the tutor made so many false allegation, she even said that we all have criminal records and I asked the judge to ask for proof of that because myself and the other defendant do not have any criminal records and amongst other lies in which she has no proof to what she’s alleging, but guess what the judge just absolutely believed in the words of a teacher with a PhD and ignore the students. I’m still in shock with the judge’s decision and the fact that a former tutor made up so many lies I do not believe that was a fair decision made by the biased judge. So what should I do? Thanks everyone for reading my lengthy post.

Just trying to get some helpful advice regarding a false claim against my friend through Small Claims Court for money a former so called friend says she owes him. Basically he's a convicted fraudster and found out my friend had sold her house and came into a little bit of money so he kept asking to borrow 5k (I believe by email) she told him no on several occasions and stopped communicating with him. Then one day she received a claim against her for 5k that he claims he lent her and says he has a witness which is all a pack of lies. I know you shouldn't judge someone on their past but in this case this is his normal M.O he's just using the Small Claims Court to falsely claim money he has never given to my friend, trying to scare her into paying him the money, repeatedly telling her his Solicitor and Barrister have looked at the case and believes he will win because he has a witness and she doesn't. I wouldn't be surprised if he has withdrawn 5k at some point to corroborate his story. My friend has sent the form off to defend herself and has now received another form, should this not be a police matter?? blackmail, fraud, perjury??? How can she prove that he did not give her 5k? Is it just his word against hers? Any help will be much appreciated

Hi I have been claiming JSA income based,received some income based benefit for a short while, my partner was working and has now lost the job,partner is now in receipt of a private pensions (aged 60) can I just claim NI credits for myself as partner may not return to work, we are in receipt of housing benefit and council tax help, the JSA is purely ni credits claim, I ask as partner has now been called in for an advisor interview and we would like to have our information correct. Our district as best I can establish is not on Universal Credit. and would any of this affect the housing benefit claim, any help advice appreciated. so my question's Requested to claim Ni credits only for myself only is this Ok to do Does partner need to look for work when in receipt of pension to get HB

I am hoping someone may be able to either give me an answer or guide me to get the correct answer. Also I hope this is the right place for my question. The situation is as follows and I shall try and make it as brief and succint as possible. My son and his friend recently won a small claims court case against his old landlord and her agent for not returning their deposit. There were other irregularities in the rental process but both agent and landlord were named separately on the action. At the time they proffered NO evidence to support why they should not return the deposit but my son had all the necessary evidence to win. Subsequently the agent tried to have the result set aside stating that her company (which was dissolved in May 2013) should have been named and not her. This time some very unsatisfactory and incorrect evidence on their part was offered but nothing to show that the original action was incorrect. The Judge dismissed this claim stating the right person had been named. The agent and landlord have steadfastly refused to pay my son the amount won and we have employed the High Court Enforcement Agency to recover goods from both the agent and the landlord. He now has been told by the court that the agent has again submitted ANOTHER action to have the award set aside of which he is awaiting the details for. We could go to a solicitor but that is going to cost money that will eat into the amount already awarded. I do know we have a couple of other actions we can take to recover the money but that again will take time but we shall do that if necessary. I was under the impression that once a decision had been made in the small claims court that there was nothing or very little a defendant could do to have that decision overturned. If that is not the case just how many times can this be repeated as each time it costs my son money to defend which he can ill afford. How do we stop the person from continuosly starting actions for the same claim and if we cannot, how do we defend it without incurring more costs? Thank you in advance and I hope the above makes sense. Alan.

Hello everyone, I would confuse everyone by going over the history so will declare situation as it stands today. I currently have 9 years no claim discount with my insurer and my renewal date is 1st March. Unfortunately after over 40 years of safe driving I reversed into someone at the start of December, my fault and then someone reversed into me on 16 of Dec, their fault. It has all been sorted now but I cannot get quotes because do not know what my status will be come renewal. Do I lose all ncd and go back to 0, do I lose some, how do I put info for compare the market etc Hoping someone has the knowledge, Dave

can someone help with the reason behind creditors needing to know what you borrowed the money/took out the credit card for? I'm trying to fill out the Barclays PPI claim form and they want to know what colour underwear I was wearing on the day I took out my loan & credit card thanks.

Hi, I will not be giving out any personal information to avoid any further information being given to the bailiff's company. Some figures have been changed, so please do not be alarmed that it doesn’t add up. I received a PCN for parking without a valid ticket by MB Council in late 2012. I was not at home to receive the NTO and CC. Council took it to TEC sometime in May 2013. I replied to court summons which was successful. Received no further paperwork for a month or so, was away from home for a few months on business. I did not receive any further documentation until I got a visit from two bailiffs working for Collectica Limited on October 15 verbally demanding I pay £205, if I did not, they would call a tow truck and have my vehicle removed, resulting in further costs. They used a panel van to block the driveway where my vehicle was. The overall tone was threatening but I am not someone who bows easily to threats, my pride & ego doesn’t allow me to. I called the local councilor, who just advised me to take legal counsel. The bailiffs then threw (literally) a piece of paper at me and left. I did not sign anything; I did not accept any paperwork. I did not pay the bailiffs at this stage. I informed the bailiffs that I am self-employed (actually am) and my vehicle is necessary in the course of my business. I am the sole user of the vehicle. Furthermore, my vehicle has been fitted with custom electronics which I produce and sell; therefore it contains “Tools of the trade”. Bailiffs didn’t care. The piece of paper I received from the bailiffs, is a standard Collectica form, which contains hand written information such as, My name, First line of my address, Date, Time, Their reference, Bailiff in charge names, bailiffs mobile number and the balance outstanding and council name which initiated this action. On that form it has a printed paragraph which states: “I AM AUTHORISED BY THE COURT UNDER THE ENFORCEMENT OF ROAD TRAFFIC DEBTS (CERTIFIED BAILLIFS) REGULATIONS 1993 (AMENDMENTS 2003), TO REMOVE YOUR VEHICLE/HOUSEHOLD EFFECTS TO SATISFY YOUR UNPAID PENALTY CHARGE IF YOU FAIL TO CONTACT ME WITHIN THE NEXT 24 HOURS I WILL HAVE NO ALTERNATIVE BUT TO REATTEND YOUR PROPERTY EARLY MORNING OR EVENING TO IMPOUND YOUR VEHCILE/REMOVE GOOD” Where there is an option, neither was crossed out. I filed an Out of Time application on that day, which was refused (submission made to the courts by the council: apparently I refused the recorded delivery mail – checked with RM and on their records, it just shows as being returned) on the 9th of November or thereabouts. I contacted the local councilor again who passed me through to the person he believed to be responsible at the council for this matter. I asked for a breakdown of costs, which was: Original debt (Below £100 – around £80) Letter sent: £13.44 incl VAT (Legal) First visit: £105 incl VAT (Errm yeah? ) So I replied to the council that the charges are excessive and therefore illegal as set out under the Road Traffic Debts. The council denied it’s their responsibility. (Case law would suggest it is the council’s responsibility) All throughout this, I was paranoid my vehicle might just “disappear” off the driveway. I would always leave it in gear, made and installed my own security alarm system. I had many sleepless nights and would wake up, get out of bed at the slightest noise to check on the car, even if it was 3am in the morning. I’ve had my car for 6 years and it’s my first car… it might not be worth a lot but it’s sentimental value is through the roof. So reluctantly, I paid the charge online on or around the 13th of November 2013. Under duress but there was no option anywhere on the website to attach notes. I was charged 5% for credit card payments and then VAT on top, which resulted in an additional charge of ~£12 being added on…even though I used my debit card!! Anyway, I have read up so many laws, stories etc. So far, what I am able to gather, I have been overcharged by the first visit by nearly 3x. I have also been overcharged for debit card payments by 4x the required amount (£3 according to their website, which takes information from HMTCS) I have checked the two bailiff’s names against the register, neither of them appear on the register. My pride and ego have been severely dented; I want to go thermonuclear on the bailiffs, the bailiff’s company and the council. Looking on the web, I am not the only one these cockroaches have overcharged/threatened etc. What should I do to get the maximum punishment for the cockroaches? I am guessing it’s sending a complaint to the OFT, LGO, Issuing proceedings in small claims court and possibly getting in contact with the police over fraud? What would be my next steps and in which order? I don’t care if this process takes a few months, it’s principal I receive my dues. Can I get a refund of the entire amount I paid or only the bits which was overcharged? Thank you for taking your time to read this lengthy post, I wanted to include as much information as possible.

when I got my new car last year I had 7 years no claims according to my last insurance company , fast forward to this year and I have my renewal from my currwnt insurance and they have said I have 3 years . i had two accidents last year one in march (Other party accepted full liability ) and one in novemeber which was my fault (I slid off the road) no one else involved . subsequently they said you will loose 2 years no claims which would bring you down to 3 years ( surely that cant be right since i had 7 years at the beginning of 2013

In Nov 2012 we were subject to a CC judgement for £299.00 The court ordered us to pay £8 per month from Dec 2012. The claimant objected but was overruled. We have paid diligently every month and in one or two cases paid more.(We have every bank receipt). We have paid a total of £132.00 Today, a letter came from the court with an attachment of earnings and the claimant claims we have failed on our payments & still owe £211.00 !!!!!!!! They also have lumped £100 onto this. I have to fill in the attachment and send it within 8 days..What can I do? The claimants are telling lies and I have the receipts to prove. This is scandalous...Should I see a solicitor on Monday?

This is my frist time dealing with any thing like this and I feel a bit out of my depth. I started procedures against Cash4Phones some time ago but have heard nothing from them. This is what's happened so far: After waiting a month, there has been no defence and so a judgement by default was issued on 29/11/2013. There has been no reply to this as of 03/12/13.According to MCOL, the only option I have now is to issue a warrant, which would cost £100. At this point, they owe me £107 so that seems a bit pointless. I used this address: ...but how do I know that's their offices? It could just be their warehouse or whatever. I am in receipt of ESA and cannot really afford this easily. I suffer from mental health issues which complicates things. (Schizophrenia, depression, post-traumatic stress) What to do? Thanks so much in advance.

Hi all I have received CC claims form with regards a current account overdraft, as well as a letter from January This was passed on to me by people still living in the house I used to live at. Claim is for under £1600 I had the account statements delivered for this personal (not my main personal acc BTW as I use Nationwide and have done for 20yrs) to my business address details at a former business that ceased trading. I did not use the account that much I wrote to the bank in March 2009 (hand delivered and signed for ... I used to run a courier company), informing them of demise, and telling them to cancel all D/D's etc and asking them to inform of how to proceed. Also saying not to send anything further to old business address. I didnt hear from them in any way for four years and frankly forgot the acc; in fact, 1st correspondence from bank was this letter to inform that the 'debt' had been assigned At no time has there been a 'default notice' that they allude to in POC I have no intention of not paying/trying to avoid anything that is due and am happy to reach a settlement, but the amount seems much inflated but I dont know how much by without having recieved statements etc! Also, I am cautious of these companies and want a full and final settlement with nothing outstanding I have seen and worked out how to send new debt owner a CPR 31.14 request from the forums here and can do that if thought useful Also, I could send the bank an SAR request, though time is critical. Obviously I need to sent court the acknowledgment of service form ASAP Do I: a/ Dispute the full amount b/ dispute part of the amount Anyway; how to proceed? My intention is to clear what is really due, and obviously avoid a CCJ, but not pay more than necessary if claim is inflated

This post is in relation to this thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?411709-Other-Party-Changing-Number-of-Witnesses-amp-Unsigned-Witness-Statements&p=4415252#post4415252 The Defendant lost the case today and we're still reeling from the decision. In brief: The claim was on the small claims track (circa £2800). The Claimant was represented by a barrister. The Defendant asked that I could act as her Lay Representative so that I could assist with presentation of the case. This was denied but I was allowed to act as a McKenzie Friend and perform a limited amount of presentation and cross examination for the Defendant. The Claimant's barrister completely steam-rollered the Defendant and was utterly relentless with questioning, so much so the Defendant could not keep pace. I was not allowed to help whatsoever, even to assist in highlighting evidence within the Defendant's bundle so that she could then respond to a question. When I tried to do this I was told to sit away from the Defendant for the duration of the cross examination. Part of the Defence involved relying on the Doorstep Selling Regulations as the contract was formed inside the Defendant's home with the trader. Trading Standards had previously told us the contract was unenforceable as per these Regulations (specifically Regulation 7). The Claimant admitted to failing to adhere to these Regulations in their Reply to the Defence. The Judge ruled that Regulation 6 applied to the contract as the trader visit was solicited by the Defendant, hence the contract was enforceable. On the topic of poor workmanship, the Judge ruled that although there were aspects of poor workmanship only a small amount was deducatble from the Claimant's invoices, despite clear evidence to the contrary i.e. the fact we have paid a third party to resolve the problems. The Judge made several key mistakes with the evidence in her judgement, refering to incorrect documents and also recalling previous statements made within the hearing incorrectly. The Defendant has been ordered to pay the Claimant despite already paying another contractor to finish and remedy the poor workmanship, around £2800 including costs. All-in-all, we felt that the Judge has failed to consider all the evidence in the case. There are a ton of mistakes in the final judgement that are at odds with the evidence provided by both parties. The Defendant was bullied into submission by the Claimant's barrister and this was allowed to happen despite the fact the Defendant is litigant in person and she was denied a lay representative. The Judge has also made a clear mistake with the law and has taken Regulation 6 completely out of context. It did not apply to this contract! Where the heck do we go from here? The Defendant recently lost her job (Compulsary redundancy) and has spent all her money getting the problems resolved with a third party? We feel absolutely let-down by the legal system - the hearing was a total farce from start to finish.