Hi there, My R reg car was recently scrapped after suffering a mechanical fault which was not cost effective to repair. After recovering my outstanding tax, I made enquiries with my insurer to cancel the policy. However, I was informed that an option would be to continue the existing policy with a refund on my next car insurance policy - provided I took out a new policy on a new vehicle with the same insurer in the 'near future'. Note that my insurance policy was valid until May. I suggested the insurer send me additional information and higlighted that I still might wish to cancel the policy as the insurer could provide no guarantees that the premium quoted for an insurance policy with a new vehicle would be lower than other insurers' premiums. Therefore the saving might prove counter productive in the long run. My insurer also mentioned that should I cancel my insurance and fail to purchase a new car in the near future, this would invalidate my no claims discount protection which has built up over six years. The insurer took my details and 'promised' to email me the additional information. However, I've yet to receive a response. With the incomplete information and cancellation fee of £80 and possibility of my NCD policy being reset due to inactivity, i'm unsure which action to take. If anyone could please offer general advice or advise on the period of driver activity required to reset the no claims discount protection, I'd be grateful. I'm yet to purchase a new car, still haven't cancelled the existing policy, which runs until May and am still waiting for the insurer to provide additional information two week's later. Hope you can help. Many thanks...

Hello, We are a small limited company and have recently rec'd a small claims summons from a tenant for £5,000+ interest. We have tried to research this fully and are confused as it appears that the small claims limit is £3,000. We wish to defend this and would like some advice on how to do so - we have sufficient evidence regards defending the actual content but need to know if it will even get this far as the amount is outwith the scope of the small claims court. We have also read that Ltd Companies must be represented by a solicitor in the small claims court. This will prove difficult for us as we are barely solvent. Any advice would be greatly appreciated. Thanks

I've just read on the 'Benefits and Work' forum that DLA claimants outside the 'Capita' area who are not currently being transferred to PIP are (mostly) no longer going to be assessed by ATOS and will instead have their claims decided based on information from 'a variety of sources' (DWP). Apart from obvious questions such as why? and if DWP no longer need ATOS, what have they been paying them for? I mostly would like to know if it's true? Also, would it apply to Attendance Allowance claims or were they never assessed by ATOS?

Well arnt i the idiot... yes i should have done the homework i do all the time when dealing with companies on the internet.... well fallen hook line and sinker. sent these idiots 2 iphones at different times... (on the phone to them now.. well on hold over hr so far) So sent them mine after offer of £186.... yes they claimed its was damaged utter rubbish that was i posted in layer upon layer of bubble wrap. so told thEm send it back and paid the postage fee. they cam back counter offer £138.00 plus they will refund my postage charge. still waiting 28/10 they said they sent my funds nope still waiting... (still on the phone) but after thinking they were doing my transfer ect i sent them a second phone hoping stupidly that it was a blip. yes still waiting to hear on that one. . So after reading everyones complaints on many different fourm sites ive Gone straight to small claims court paid £25.00 so they now ave 14 days to sort this out. im outraged tbh. even want to contact the police report fraud as that is what they are doing STILL ON HOLD BY THE WAY. ANYONE GOT A NUMBER OTHER THAN THIS STUPID 0845 NUMBER ENDING 1064

This is a rather complicated matter so I hope what I'm writing makes sense! I moved into a rented property in 2011 and signed an AST agreement for one year. I paid a security deposit to a letting agent and received a receipt from them detailing this. In 2012 I signed a new AST for the property for one year. Earlier this year I was made aware that the landlord was having issues with his buy to let mortgage company and receivers of rent were being brought in. It was never explained to me why the landlord was having problems - whether it was because of not keeping up with mortgage payments or that he had broken any other conditions - he has previously been fined by councils for his lack of upkeep on some properties. I continued to pay my rent to the letting agent who passed it to the receivers. I was then told when it came close to the end of the tenancy agreement that the receivers of rent wanted to appoint a new letting agent. I was happy for this to happen and it would mean that I would continue living in the property. In the new AST agreement our landlord is now referred to as the receivers of rent on behalf of the 'LL'S surname Ltd.' At the same time (we had already agreed to stay in the property) we were told by the then letting agent that they were concerned for our deposit. It turns out that they has passed the deposit on to the landlord even though the property is fully managed by then and they didn't know if he had protected it. What follows is a search for a landlord I have never met or had direct contact with. I sent letters to the two addresses I had for him - both returned to me, I sent letters to three other addresses I located for him via online searches and the electoral roll - letters were returned. I then resent a letter to an address I had already sent to and which had been returned - the letter was accepted. It asked him for information about my deposit. He did not reply. Two weeks later I wrote again this time saying I would take him to court if he failed to return my deposit - no reply. I am now prepared to take him to the small claims court. Is it best to take him to court by myself or to use a solicitor? A solicitor would be great as it saves the hassle of having to chase him if he doesn't pay but I'd obviously have to pay them a success fee and other payments if I win. I have spoken to a solictor (a friend of a friend) who recommends using him because it's a complicated case. In regards to a claim against a landlord - can I claim for the deposit plus up to x3 the amount and interest? My concern is that my tenancy may be considered by the courts to have ended because the receivers of rent are now my landlords but then again does the fact that I still live in the property, that the landlord still owns the property and that the owner is still names in some form on the new agreement mean that my tenancy still exists? In regards to the landlords financial situation - yes the receivers of rent have been appointed but he is not bankrupt (I have checked insolvency register many times and his name does not appear), he still owns the property not the bank (he's named on land registry as owner) but he has this year had two CCJs against him (checked on relevant register) but he paid these. I can't see any reason why a judge would go in the LLs favour and not mine - I have proof that he has my money so effectively he is a thief who has not responded to any of my letters. Any help/advice/pointers as to whether it's a small claims or using a solicitor would be much appreciated. Thank you.

Hi, I'm hoping someone might be able to give me some advice? In June I went to a restaurant and the wait spilt oil on my digital camera. I've written letters and made numerous calls and the restaurant has been fobbing me off. Initially the camera was not operating property but now its just a case that the screen has been damaged by the oil. Someone suggested that rather than accepting this - I could take the restaurant to a small claims court. Is this the case? In case you're wondering I wrote to the restaurant at the request of the manager and since then they have sent me all around the houses. Some guidance would be much appreciated.

Well I've had my letter back from EGG who don't uphold my complaint for thefollowing reason (card taken out online in 2003 by the way) 1) Online sales at that time did not require i take out ppi as condition of obtaining card 2) Online sales at that time did not provide an advisory service. 3) Online sales at that time required you to positively confirm that you wish to purchase policy 4) Online sales provided full T&C and requested you read them before you submitting application. I have sent a SAR request off, which i know may take a little while. Am I dead in the water here. I don't remember asking for PPI or 'positively confirming' - i guess that means a tick - anything. They've said this is their full and final response. HELP! Hx

I am a freelance web designer and unfortunately have run into a problem with a client. They do not want to pay my final installment as they are unhappy with the work: £1400 (I have already taken £200.00 for a part of functionality missing so it should be £1600). With this in mind I have told them I will be taking the website down unless they pay me the amount in line with my payment terms. They argue that I am holding the website hostage and are offering £500.00 and a discussion at a later date or the full amount and they will be taking me to the small claims court. I am a sole trader and as of the 1st of October I will be moving to Spain. I do not own a property in the UK either as currently I live at my mums. So what would the procedure be? On a side note, their previous web designer had to take them to court for non payment. Please find below some relevant T+C's which I believe will protect me: 2.) XXXXX reserves the right to revise and amend an initial quote to a customer where needed. 5. E) Once you make final payment you are signing off your project and agreeing that the work has been completed. Any changes requested once final payment has been made will have to be quoted for accordingly. 5. F) Only when final payment has been made do you fully own the website. 5. I) All invoices must be paid within 7 days of them being sent. If payment is not made you may incur a charge or disruption to your service. All your help and advice would be greatly appreciated!!!

Could anyone give me advice. I am in the ESA Support Group and have been given a lifetime award for DLA. My wife’s medical conditions over the last eighteen months have grown worse to the point where she is now off work more than she is in work. Her condition is chronic and progressive. Her employer is very understanding but I believe that in the near future my wife will be forced to stop work. At the present time I am normally well enough to help her when her condition flairs up and she can help me when I am having a bad period .My Nightmare and hers is if we should both be unable to function at the same time. My wife wants to keep working as long as possible. Should she start the ESA process now and hope to be placed in the support group? I believe that if she was placed into the WRAG group it would only make her situation worse. Are there any pitfalls with duel claims for ESA? My wife is my main carer if she becomes unable to care for me will this affect my DLA. I have teenage daughter who is still at school and I do not want her to be responsible for care etc. My main question is what would be the best route for both of us at the present time.

Hi, I had court papers from Northampton CC as a companyin Milton Keynes had brought the debt, (old Barclaycard £2,000) be ignoringcall for three years. I had a look on the site and sent off a CPR 31.14 Request to their solicitors. Heard nothing backbut was worried about a defence and came across this defence and sent it off Defence 1. The claim aspleaded does not contain sufficient particulars to permit the Defendant to filea properly particularised and pleaded defence. The Defendant has made a requestfor disclosure, pursuant to Part 31 of the civil procedure Rules, to the Claimant to allow him toproperly respond to the claim. The Claimant has failed to respond to the Part31 request. 2. It is Notadmitted that the Defendant signed an agreement with Barclaycard If, which is not admitted, such anagreement exists the precise terms and date of any such agreement are notadmitted. The Defendant does not have in his possession any such agreement andis not therefore able to comment thereon. The Claimant is put to strict proofas to the date and terms of such agreement. 3. It is averred that if any agreement existed that the aforesaid agreement wasa regulated agreement within the terms of the Consumer Credit Act 1974 (TheAct). It is not admitted that any such Agreement is enforceable within theterms of the Act. The Claimant is put to strict proof that the aforesaidagreement was properly executed and has been enforceable at all times sinceits' inception. 4. The Defendanthas no knowledge of the service of a default notice. The claimant is put tostrict proof as to the content and service of any such alleged default notice. 5. The Defendanthas on knowledge of the service of a termination notice. The claimant is put tostrict proof as to the content and service of any such alleged terminationnotice. 6. Further and in the alternative it is not admitted that the sums claimed arelawfully owing. The Claimant is put to strict proof as to how the sums claimedhave been calculated and as to how it is asserted that the sums claimed contractuallyowing. 7. Further and in any event in view of the failure to comply with the CPR Part31 request it is denied that the Claimant is entitled to costs as claimed or atall. 8. In view of the foregoing it is denied that the Defendant is indebted to theClaimant as alleged or at all. Statement of Truth I believe that the facts stated in this defence are true. I am the Defendant. signed and dated. Received aletter telling me that they do not except my defence and the court have sentpapers to notice of proposed allocation to small claims track. Should I of notsent off a defence? Do I agree to the small claims court? What should be mynext move? I only have till the 23rdMayto deal with this. Thanks in advance

Good Morning To All We currently have an offer from Lloyds for the ppi we are chasing, we have not made a payment on the loan for at least 6 month now. We recieved a letter from TSB thanking us for our offer of payment along with a paying inn book? although we have never made an offer of payment or even spoke to them for months, what do you think they are up to?? anybody got any ideas? Thanks Mr W

I am making this inquiry on behalf of a disabled relative that is residing in council accommodation. The council contractors were working on the outside of his block of flats and using heavy drills and as a result damage occurred in his flat. Items on the floor and were broken, also he had to pay to have a clean up on his balcony as well as windows where they were working. He took it up with the council and the person responsible for their project called and took photos of the damage. He has been pursing this with the council with no luck. He took legal advice on it and was told that he should write to the contractors asking for payment for the damaged and he has six years from the date of the damage to do this. He has got household insurance through the council but this damage is not included in it because it is classed as accidental damage. Question is if they do not cough up, which he thinks will not happen, can he take a small claims court out for it, bearing in mind that it is less than £200.

I was involved in a minor collision. My insurance company told me that I would normally be found at fault (even though I don't believe I was). But I left it to them. A month ago they warned me that I may receive a court claim as they were not prepared to settle the other party's full claim. I then got a claim threatening court action, from a claims management company attached to an invoice for an amount just above £100 from a "claims assessor" for services inspecting the other party's vehicle. I guess I agree with my insurance company that claiming over £100 to assess a car that is over 20 years old and not special in any way is unwarranted. I'm not too worried about it: I will refer to my insurance company. But I struggled to find any other examples on the web, so I'm interested in what normally happens in these cases. Is this just a final attempt to get money? Anyone aware of similar events?

Yet another victim here! I'm stuck in a contract with this company, after paying the marketing fee, being told by the salesman that the money was fully refundable after 6 months (no mention of 2 months notice period), a nd no mention of the £3000 fee if you cancel. He also didn't mention that the £6k fee was subject to VAT. Have just emailed Trading Standards about them. Would like to know how to get out of this contract if it's possible? TIA.

Can I please scream out loud within the very safe and comforting arms of CAG??? I'll take that as a YES as long as I don't shatter the chandeliers. Simple question! If the council admit to being totally overwhelmed by the increase in the volume of those claiming HB and CT reduction, why don't they just take on more staff to deal with the backlog and process claims in a timely manner instead of inflicting even more stress, anxiety and frustration on claimants when simple reclaims for continued HB and CT reduction take two months and more to process???? My last claim for HB in Dec 12 took three months to process. When you're on JSA and DWP are messing with your benefits as well - it's almost impossible to get anyone to listen. Grrrrrrrrrrrrrrrrrrrrrr!! With all the number crunching and statistics that are being undertaken by every dept in the council for auditing purposes, you would assume that they would be more than capable of forecasting significant increases in volume of those claiming benefits and develop an appropriate strategy to deal with it!!!! Rant over! I'm calm now ---- cup of tea and a home-made muffin works every time Imp

Hi, I really need some advice on how to deal with this bunch of clowns, Ifonic Claims Ltd in Swansea. On Wednesday 10th April 2013 my father in law received and unsolicited telephone call from Ifonic Claims. A few days later a set of documents arrived, dated 11th April 2013. Once I had looked at these forms I then realised that my 86 year old father in law had been a victim of what I deem to be Advance Fee Fraud. My father in law has never had a credit card or loan with Tesco or Marks & Spencer. Neither has he an active mortgage with RBS (Royal Bank of Scotland) or anyone other financial institution. Finally, the shock of seeing a £990 debit from his account (taken by Debit Card) when he has neither agreed or has any need to use their services is beyond belief. The documents contain the following: Welcome letter & T's&C's x2 - Letter of Engagement - Allowing Ifonics to deal with this claim, which is unsigned Client Information - Containing very basic details about my father in law (address, telephone number etc) x11 - Letter of Authority - Giving authority for Ifonics to act & reclaim PPI on my father in laws behalf, also unsigned x11 - PPI Questionnaire No documentation has been signed and returned, fortunately I got wind of this before it went further. Nor has my father in law signed anything previously. However, I assume that he has given them his Debit Card number for the £990 transaction to be taken and whilst I didn't listen to the actual conversation, one can only assume that he was duped into giving it. Furthermore, my mother in law has tried without fail to deal with this as my father in law is 86 years old, deaf & suffers from dementia. Every time she tries to contact them to deal with this, she is rebuffed. Also, the staff have been very cheeky with her, which has caused her distress which she doesn't need at her age. I have tried to contact the company directly and have been stonewalled, especially as I have no authority from my in laws to deal with this. I've been threatened by a company director with a defamation writ. I have in the meantime contacted and filed a report with Action Fraud & also submitted a complaint with the Claims Management Regulator, which governs this set of parasites. Furthermore looking into the Ministry of Justices own guidelines for companies like these and it seems Ifonic Claims have broken their guidelines that companies should not charge an advance fee for services. Ifonic Claims is also trading name of Cerys-Angharad Limited both based in Swansea. Thanks in advance. (Apologies if this is posted in the incorrect forum. As Ifonics mainly deal with PPI, I thought it best to start a thread here)

I'm losing the will to live with a creditor which seems intent on spewing template after template in my direction. I believe there will ultimately be 4 causes; a) charges plus restitutional damages b) dpa non compliance/damages, c) s.78 non compliance (want my quid back) d) ppi plus restitutional damages. The PPI redress period extends to mid sept, default/penalty charges.... already past the 14 days I extended it within LBA. I don't expect it to fold on any cause until I file, assuming I file for charges now is it still the case that I can effectively stay any progress until such time that it becomes necessary to file for 1,2 or 3 other causes, making app to lift stay on first cause and join the two cases? Appreciate it appears a long winded approach at first glance but the total quantum will not be in excess of 5k and I suppose I'm looking to expend minimal resources as leverage to get the sods to engage with me instead of wasting my time.

I have posted a short guide to defending private parking claims, including a draft Defence, here: http://www.consumeractiongroup.co.uk/forum/showthread.php?390479-REceived-Court-Papers-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***&p=4272973#post4272973 Hopefully this will be useful for the large number of people that have received Parking Eye county court claims over the past few weeks.

Hi there. I just wondered if someone could advise me with regards to PPI claims. I opened an account with Egg in 2001 with regards to an Egg loan and a credit card. I believe that I was paying PPI on both, however I do not have records of these accounts. In 2005 I entered a DMP and finished paying off all my creditors by December 2009. Do you think it is possible if I can claim mis sold PPI from back then and how would I go about asking Egg for an SAR seeing as they are no longer trading? I see they were taken over by Barclays and Yorkshire building society. I also had a Barclayloan and credit card however I still have paperwork for these so I still have account numbers for these. These were taken out in 2003 and 2004. Is there a time limit to PPI claims? Thanks for any advice given, it would be much appreciated.

Hi, I hope someone can help as the DWP have been as clear as mud on this. I had my last WCA on the 12/12/2012 and failed to get any points. I received a letter stating I couldn't re apply for ESA for 6 months from the 1/01/2013. I appealed which was heard on the 23/05/2013 where again I got no points. I made a new claim from the 1/06/2013 for ESA which is a 6 month gap. Today(20/06/2013) I receive a letter stating that I'm not entitled to ESA due to receiving no points in my 'recent' WCA. I'm now at a loss to do as after contacting the DWP the lady I spoke to was less than helpful simply advising me to apply for JSA and that she couldn't go into any details regarding my ESA. I can only assume they are going to push that I've tried to make another claim within 6 months, when I thought back my last payment for ESA after the failed WCA was the 11/01/2013 so I'm wondering if they are going to claim that the 6 months would have actually been from that date so my new claim should have been from the 11/06/2013. I'm at my wits end as this letter I received today seems to reset the 6 month counter from 18/06/2013. So I'm left with no money and suspended Housing benefit, If I appeal this decision what happens? I need some advice on how to proceed with this situation, thank you.

Hi - I live in Scotland and I need to raise a small claims action against someone in England. He is an individual (not a company), and he owes me money circa £600. I've called my local sheriff court, and the county court in England, and neither gave me a straight answer, and I'm still none the wiser! Please help me!

I purchased an item on ebay and the seller sent an item that was substantially different from that listed. I returned for refund under distance selling and the seller claims he didn't receive it. I have proof of delivery. The seller trades on ebay under a "business" name and will not disclose his/her real name to me. Ebay will not disclose the sellers details either. I wanted to progress this matter as a small claims action but require a HUMAN name to claim against. Any advice please?

Hi, I am sorry if this is in the wrong place. Last year I enlisted the services of a employement lawyer to assist with an unfair dismissal claim - in the end I decided not to pursue it and dropped it prior to it going to court. It was agreed with him that I would pay £200 no win no fee. I asked to pay in installments at the time they agreed to this and then I asked them to send me a final bill. It didnt get paid. I received 1 letter from Oct - Feb 13 regarding this. Completely my fault. I then received a summons for a small claims court for the sum of £240 on the 27th Feb giving me until 5th April to return forms to court with date of 19th April. I paid the £240 on the 2nd April and sent them a letter confirming this in the letter I asked them to inform me if there were any problems - nothing received. Today I have came home to a letter saying I know owe them £180.23 and it came with an extract for payment from the sheriff court done in my absence. I am completely at a loss as to why this has happened. There are claiming £180.23 is expenses but why didnt they advise me of this at the time. The summons clearly states £240.00 Looking at it now it says £240 inc VAT but he clearly said £200 to me at the time. It also says £240 with interest of 8% per annum. However I took this to mean £200 + £40 interest and duely paid it. They didnt even provide me with a receipt despite me asking for it. Have I done this wrong?! Can I appeal this? If I can does this cost money and am I wasting my time? If I am better paying the expenses charge can I ask to do so in installments? The letter said it is due immediately and failing this they will take steps to enforce the decree without further warning. What does this mean? Thanks for any help - I am really upset about it in case I have made a mistake. DRKangel

http://www.mirror.co.uk/news/uk-news/bedroom-tax-victim-commits-suicide-1883600 A very sad story indeed. Who wants to bet cameron will blame the woman instead of the tax itself.

Hi Hope someone can answer my question. My current insurer is asking for proof of my No Claims Bonus from my previous insurer along with Claims History for last 5 years. I am about to send off proof from my previous insurer but it only confirms number of years no claims, nothing else. I have never had a claim with any insurer so I'm hoping this is all they need! Could someone just put my mind at rest as I don't want my insurance cancelled. Thank you.