Hello I really need some help please. I bought a solid gold christian name necklace from 'My Name Necklace' and purchased their 12 month warranty at the same time. Just inside the warranty date, the chain broke, I completed the online claim form along with a photo of the broken chain ( The warranty covers chain breakage ) The company emailed soon afterwards on 15th November stating: We apologies for the situation. We can send you another chain. A prepaid return envelope will be sent so that you can return your original item to us.* Please let us know if you agree. Please note that this envelope is already addressed to us and prepaid. Simply place your item in the envelope and drop into any mail box. There is no need to add postage or go to the Post Office. Please let us know if we could be of any further assistance. Best Regards, Allison Brown My Name Necklace Customer Service Team I replied stating I would use the envelope but as the order cost me £116.00, I would not be popping the envelope in a letterbox, and would pay extra to send tracked. 2 weeks passed, and the addressed envelope hadn't arrived, I messaged again to report this, was told that the returns envelope can take up to 3 weeks to reach me. I realised the compary was overseas, so had to accept this. At today's date there's still no envelope I've contacted the company again and they are just lying / fobbing me off by saying they have escalated my complaint, and then I hear no more. I've asked for the company address and they won't supply it. All communication has to be done through their webforms only. I may have found the address through Google search, but it may not be correct: Mynamenecklace 14455 N Hayden Road Suite 226 Scottsdale, AZ 85260 I'm wondering if there is a procedure similar to the UK 'small claims' that can be done with an overseas company? Can anyone advise please? The necklace was my daughters 2015 Christmas present from me. To be honest, she only wore it a handful of times as the chain is so fine, that she was frightened it would break, and unfortunately the chain caught on her jumper, and snapped when she tried to release it, albeit very carefully. Thanks in advance for any advice offered.

Hello, This is my first post on this forum. I have a small claims hearing to try and recover some money from a tradesman who didn't want to honour our contract and kept getting payments out of me before the work stage was complete. I issued proceeding and he did a bogus counterclaim - reversed all my grievances in his favour The case has finally reached the hearing stage and I would like some advice. 1) When I sent my defence to the counterclaim, the court helpline told me to send in all my evidence, photos, etc as this would be used in the hearing. I recently received the hearing date letter and it advised me to send in my witness statement and evidence - what happened to my evidence I sent in with my defence of the counterclaim? - will this be in the file and can I use this? 2) What is the normal format of the hearing? 3) How strict will the rules be regarding evidence ? 4) If I am not happy being denied use of my evidence sent in at an earlier time, can I do anything about it, such as ask for a change in date, etc? Thanks in Advance, EddieQ1

Hi everyone, So my good friends at Capquest have been nipping at my backside again, this time using the wrong account number, creditor, agreement and more. You would have to see it to believe it. That aside it the final account they decided upon has been proved statute barred and they have discontinued. In the meantime in an attempt to defend the ever moving claim I've paid for duplicate bank statements, made a court application and taken advice from a solicitor. A report to the FOS and FCA are probably in order, but does anyone know if a claimant in a "small" claim they are protected from the costs of discontinuance. I read CPR 38.6.(1) to mean I can claim those costs. Thanks! uteb

I have a clear cut situation.... My original phone contract was on orange but after the merge of orange/T-Mobile which is now known as EE.....I was upgraded onto EE. Due to an internal error on their end (which they have admitted to the ombudsman) the original orange account did not get closed which resulted in the company automatically billing me twice (no money was ever attempted to be taken for the original account after upgrade) which resulted in missed payment/default put on my credit file. The kicker...... How I came to find out that this error occurred was when I was speaking with a mortgage adviser who recommended I check my reports before going ahead with application. To keep it short, the company ignored my "recorded delivery" letter and by the time the ombudsman was able to get involved (2 months after letter) I had to sign a years tenancy agreement wasting another year as I could not apply for a mortgage with a default, not to mention paying more for a house next year. I was constantly being hassled by dept collectors throughout this whole ordeal and taking into fact what this error has cost me....should I take this to court to get some form of compensation or take very small fee being offered by the company? Company has confirmed it was their error. Any advice is greatly appreciated.

Hi there. I hope this post makes sense. I'll try to be concise We bought a used car from a dealer and moved 250 miles away. 20 days later a grinding noise, which may have always been present and mistaken for a sports growl, became so loud that my wife pulled over and called the AA. It was taken to a local garage who had a transmission specialist tear down the gearbox to find the mainshaft was badly worn. The brake discs were also found to be badly corroded. It was the garage's opinion that there was no way this could have been caused in 20 days of driving. And that to a trained ear, the fault should have been noticeable at the point of sale. Total cost of repair £1200 We were in touch with the dealer throughout this diagnostic process. After speaking directly to the mechanic, he sent me an email stating that it was not his fault, that he couldn't tear down every gearbox before sale, and that the damage was most likely caused by reckless driving. He offered to pay about half of the fees, which I rejected and have filed a claim using MCOL. I have documented the damage and I'm the process of getting an independent report based on the evidence I have. My claim is that given the price and mileage of the car, it was not fit for purpose. Because the car was in 1,000 pieces on the other side of the country, I didn't feel it was fair (on the dealer) or convenient for us to pursue my right to reject. Instead I asked him to meet the full cost of the repair. It was the only convenient solution that I could see for all parties. Having said that, I did present both options to the dealer, but as he ultimately did not admit liability, my only course of action was to pay for the repairs and pursue the costs in court. Here is (one of) my questions. By bypassing my right to reject, where does the burden of proof lie in terms of the faults being present at the point of sale?? It is my understanding that by invoking the right to reject within the first 30 days, the burden of proof lies with the consumer and after the 30 days expires, that burden is transferred to the dealer. I essentially bypassed that right, and moved straight onto the right to a repair - but still within the first 30 days!? I have quite a few other questions as I begin to prepare my case, but this is one that is nagging me right now. Any advice, much appreciated. OR... perhaps once it reaches the courts, burden of proof no longer applies, and it simply moves to the balance of probability? (we both provide evidence)

Hi We are currently in dispute with a builder. We have taken all appropriate pre-court action steps and are now at the point of submitting an N1 form to kick off a claim. Could someone tell me if any supporting evidence is supposed to be enclosed with this claim form? Or will this be requested later? We have quite a file of letters and expert reports and we are not sure at what point these come into play. Also, (maybe a silly question but I want to do this right). If there is not enough form for the particulars of the claim in the space provided, can you use this space plus another sheet or are you only supposed to use one or the other i.e. it does give the option of 'attached.' I reaslise these particulars are supposed to be fairly concise. Thanks in advance.

Have received allocation of hearing and instructions to supply witness statements and documents to court by certain date. I am the claimant. I am trying to reply to the initial defence to the claim which is an absolute mess with disjointed emails. Ridiculous statements and allegations, referring to me that I have 'dementia' am also delusional, and paranoid" and asks the judge to take these abusive comments into consideration as I 'clearly don't know what time of day it is, never mind the truth'. The defendant has supplied a document which she refers to as an email sent to her In fact it is a 'chopped down' private message sent to someone else. The only way she can get access to this message is by either hacking my account or getting it from the person to whom it was sent. Reading more carefully her reason for supplying this is she now states that she sent it to the police in response to my allegation of theft of my property to which the case relates. I can actually see that she did as there is a police email address above. Now I have the full message, and it clearly is from me to someone else via a messaging system, not an email to her, and it is now obvious why she 'chopped' the message as the full message 'shoots her in the foot' so to speak. She has also denied, several times that events took place, highlighted for the judge in bold, and yet I have documented proof that these events took place as she admitted the same on paper. I am not sure how to respond to these issues in my witness statement. Should I bring them directly to the attention of the judge or just refer to them in my statement? How is the judge likely to view her deliberate deception, particularly sending a document that was never sent to her that she then sent to the police claiming it was from me to her, but she thenalso tampered with it? How is the judge likely to respond to her abusive comments that I have Dementia, am delusional and paranoid and that people with dementia cannot remember anything. Any comments would be helpful, thanks.

I sold my mothers house in January this year. The buyer is now suing me for misrepresentation. Immediately prior to completion, the buyer noticed that there was a fault with the heating. I offered to have it repaired but this was refused and the buyer demanded £2000 off the purchase price which I declined on the basis that the buyer had refused my offer to have it fixed. I have now received court claim papers. When i signed the property information form the heating was Ok and i stated this on the form. The heating was later turned off for the summer. As the purchase took almost a year, I was asked later to confirm that the information form remained current and I confirmed this as I was not aware of any changes. There is no doubt that at completion there was a fault with the heating though when it stopped working is not known. It was working when I signed the form but by completion it had stopped. the buyer did not undertake any surveys. I have tried to negotiate and I have offered £1000 in settlement without admitting liability, but this has been refused. I attach the particulars of claim and my proposed response and I would welcome any comments. Thank you. response to claim form.pdf Particulars of Claim.pdf

All, Has anybody taken kwik fit to the small claims? I will be starting a small claims this afternoon and I am unsure which address I need to put down - will it be the head office or the Muppets at the local service centre which damaged by BMW? Any help would be appreciated. Thanks.

Has anyone taken Terravision the coach company to the small claims court? I booked a 14:40 bus to the airport which arrives at 15:30. Around 14:55 we were informed the coach was going to be 55 minutes late by someone from Terravision who also said the whole service today was running 30/40 mins late. No text message, no email, no phone call, no notice in the bus depot to inform of delays. Had no alternative but to book a taxi for £80. I followed Terravisions complaint policy which was to email them 30 days after the purchase date, I received no reply and emailed a further four times. So my complaint was sent 11 January 2016!!! I have no alternative but to take them to the small claims court, they wont reply to their specified complaint procedure. Under Passenger rights regulation EU 2011 it seems I can get something back ?

Hello, I'm new here. In April, a builder started a small extension and some internal work to knock through walls. The building inspector visited in May, and was not happy with a number of aspects of the work. The builder did not agree with the feedback, and walked out. I have spoken to a solicitor who advised me to get a RICS survey, which I am currently organising. I will be a litigant in person, but am taking some legal advice at key stages during the process. As the amount is unlikely to be over £10k it will probably go through the small claims. I have paid the builder in advance for work that is not yet completed, and for work I though was completed but needs to be remedied. In addition, he did a couple of other things I have not yet paid for, but the inspector wants these changed, so I have refused to pay. I have asked the builder to try mediation, but he does not reply to this point. Any general advice for me from anyone who has experienced this before? I've never been to court. In particular, I have checked and he does not own the house he lives in. He drives an expensive car, and I've seen the DVLA form for finding the registered keeper, but don't know if I can use this, and in any case this will not tell me the owner. He is a sole trader. Is there anything else I can do to find out his ability to pay? I've checked the .gov website on bankruptcy, and he's not on there. If I win the case and he does not want to pay (which I think might happen), I've seen something on the justice website about getting him to go to court and give details of his bank accounts. Has anyone got money back this was successfully? Also, when I have calculated the value of my claim (which I can't do yet until after the RICS survey then getting builders to quote for remedial work), how long does it take to get to court? He is being really childish, refusing to give me or the architect his progress photos showing what's underneath the floors, as the council has not yet inspected this. Any advice from people who have been through this before?

I've won my case at the Small Debts Court....I contacted Sheriff Officers who were no help....they actually implied I was wasting my time going any further to get my money refunded..

Good evening, could someone please help me out on where I go with this. Earlier in the year I received court papers re a debt to Lowell which was previously with a mobile phone company. I acknowledged online and submitter my defence based on it being statue barred. I received a letter saying the claimant has 28 to respond or it is stayed. No response I expected it to be stayed. I then received the notice of proposed allocation to small claims court had to fill in if I wanted mediation (said no) along with what dates I'm available etc. Directions questionnaire I think this was form N180 Today I returned from holiday saying its been allocated to the small claims court in August and a hearing fee was payable by the claimant by the end of June. I've no idea if this has been paid. It then goes on to say I have till a few days time from now to prepare and send in copies of all documents. So as you can see not a lot of time. My problem is this, I'm positive it's statue barred but don't have any paperwork to hand as its years old. What do I do now? Do I write to all parties now saying this or what ? I could maybe get a copy of my credit file showing that it isn't on there or in the closed accounts obviously time is of the essence. Any help would be greatly appreciated. Just to add I was previously told not sure if rightly or wrongly that it's down to them to prove I owe it and it's not statue barred, not me to prove it is statue barred, hence why I haven't gotten anything together on it. I've basically been waiting for them to provide proof it either is or isn't.

Hi all, I hope I'm posting in the correct forum, if not then please move it to the correct forum My partner is a professional carpenter. Last week he did a small job for someone who wanted some decking repaired. Customer stipulated that he didn't want the whole thing replacing, which is what my partner recommended, due to rot. So my partner said he could take some of it off and replace the broken boards. The customer was satisfied with the repair job and so was his wife, and paid my partner in full, by cheque. The cheque cleared, but a few days later the customer text my partner saying he wasn't happy with the quality of the work and could he come back and have a look at it. As my partner now works full time for the ambulance service to make ends meet, and the carpentry work is now only part time, he has been unable to go back and inspect the work, but sent an e-mail detailing that he was satisfied that he had done a good job and that had the customer not been happy then why didn't he say so at the time? He claims that the repairs are unsafe and the workmanship is poor. The photos he has sent don't look good to be honest but he has taken the photos in such a way that you can't fully see the whole thing in true context. The customer has now sent a very long e-mail detailing problems and saying that if he doesn't received a full refund by 12th July then he will take him to small claims court, and that any further contact from my partner by email, phone or post will incur a £10 charge! My partner had very little to work with and did the best he could considering the customer didn't want the entire decking replaced, and simply repaired. The customer was happy with the work when asked to inspect it. My question is, can the customer really take him to small claims court over this? What grounds does he have to do this?

Hi, Cabot/shoosmiths have sent me a small claims court summons .... original debt is an overdraft with BOS. £1468.49 What is the difference between written application to pay by instalments? and apply for a time order?

Hi, I am looking for a little advice. I received a claim form from the county court business centre from the claimants Pra group. I then completed a CCA request and CPR request, which the claimant and their solicitors did not fulfil. I filed my defence, and was updated by the claimant they would provide the documents in due course. The claim was then allocated to the small claims track, and mediation was offered. I had to refuse mediation due to not having all the documentation, which the mediators recommended. Within two days the claimants solicitors sent all the documentation from the CPR and CCA requests, not sure if they were trying to avoid mediation. I have the signed agreement from the credit card but I am a little confused. The agreement was signed by me on the 4/10/2011 with bank of Scotland Plc for an aqua credit card and stamped with I guess an internal stamp on 10/10/2011. The particulars of claim state that it was an agreement with progressive credit ltd entered into on the 12/10/2011. As the dates and the company do not match is this an issue, The particulars of claim state default was made on 18/7/2012 but that last payment was December 2011. The assignment from progressive credit to aktiv kapita was on the 24/1/13 however the particulars of claim states 29/1/13. All assignment documentation has been provided finally. They have also provided me with the notice of assignment from activ kapital to Pra group, but only the letter from Pra not activ kapital, is this sufficient? Any advice would be welcomed, thank you. It is just following the provision of documentation they have advised me to withdraw my defence, and I am unsure if this is correct how I would go about doing it, as I do not want a ccj on my credit file, and do not have the fund to pay in full. I will set up a payment plan if they own the debt, it is just it seems debts have been passed from pillar to post and I want to ensure I am paying the right person for the correct debt.

Last October, I emailed my then landlord to say that I’d be paying part of my final rent out of my deposit. He replied minutes later with the following: 'Non payment of the agreed monthly amount on the date agreed by you on the agreement you have signed will result in a violation of our agreement and you will be asked to leave within 7 days of this email due to this exposing breach of contract and your deposit will count as rent owing’. Soon thereafter, he confronted me in person. As I was unwilling to relent, he said he’d change the locks and throw my stuff out that day. I phoned the police, who told me that would be criminal offence. As a result of this, my landlord relented. He instead said that, if I didn’t leave that day, he would ‘make your life hell’, adding that he would invite some friends around to party in the property (he knew I was a light sleeper). As a result, I vacated the property after gathering some of my belongings, and gave him his key back (which was mistake, but I was in a great deal of distress and not thinking clearly). I’m now suing my ex-landlord for my deposit and unspent rent, and for the distress and inconvenience his illegal eviction has caused. He is claiming in his written defence that I left voluntarily and not under duress, on the grounds that I handed him back my key. If he says that in court, would it be grounds for a him to be charged with perjury, given that: - No sane person would vacate a property when they have no-where to go to, especially when they have work the next day (and my new landlady would be able to attest that I contacted her for the first time on that day, which was the day I moved into her property). - On my recording of my call to the police, I can be heard pleading with him to let me at least stay till the end of the week. - He shows in his email that he’s willing to disregard the law (by threatening to ask me to leave within 7 days and to withhold my deposit). Thanks Jeff

Hi, I have received a claim from the small claims court. The claim relates to an Estate I was the administrator for. The claimant is not a beneficiary of the Estate but an agent for some of the beneficiaries. However, the name of a beneficiary is not stated on the claim form as I suspect the Agent has not been retained by any beneficiary to make this claim. Should I just reject this claim as it is not made by a beneficiary. The value of the claim is about £150 and I would be reasonably confident of winning the case but absolutely not 100% as it relates to expenses incurred in administering the Estate. It would be down to the court in their interpretation. Your comments would be much appreciated.

Apologies that this is a long post. This is my first time on any kind of forum. I have tried to summarise but my 2 1/2 year dispute with Npower over inncorrect bills been a complicated and very distressing process. I will be very grateful indeed for any advice on how to proceed legally through the Small Claims Court... We moved into a flat in Sept 2013 and when I called to give Npower the opening meter readings I asked to confirm what meter and tariff we were on. I was told it was an Economy 10 meter and noted down from the conversation that there were 3 cables which would give a Day rate, a Night rate and a Heating rate for the 3 night storage heaters with timings for when these rates would operate. You had to press a button on the meter several times to get the readings and I gave the 3 readings as they appeared on the screens. Npower took Actual readings for these 3 rates in Nov 13 and I gave more readings in May 14 at which point I started the complaints process because we had still not had a bill. I received letters with an account number from the complaints department and finally a letter in July 2014 saying because they could not resolve my complaint about not receiving a bill I could go to the Ombudsman. At the end of July I receive a letter with the same account number but this time addressed to the occupier saying that because of problems closing the account the balance would be written off. Followed a week later by the First bill for £366, in my name but with a different account number. In Sept 14 I call to try and figure out what is going on and am told that the first account number I’d received on complaint letters was actually the previous tennant’s but because of the confusion the balance (now £457) would be written off as per the write off letter. I give meter readings – this time 4 readings show on the meter instead of 3. That same day a bill is generated for the heat rate for £868. It is based on an estimated opening meter reading for heat. I am told again a week later on the telephone that my account would be credited to zero - clearing balance of £868 as per write off letter and to disregard any more bills/reminders and to wait during process. In Nov 14 I call again and am given apologies for distressing letters & assured case is with correct back office team. Promised that a correct bill should arrive soon showing the cleared balance of £868.72 and they had correct meter readings so a new bill would generated. I then receive a bill for £1,433, followed by ‘Our right to enter your home’ letter – with an outstanding balance £976. In December 2014 after numerous complaint calls I am given a new complaint reference number and assured collections will stop. In Jan 15 I receive a complaint deadlock letter refusing to remove the balance as promised and referring me to Ombudsman and I begin the Enquiry process. In Feb 15 I give new meter readings and receive a bill for £1481 - Tariff: Standard SC ROB Heatwise 1. I pay £505 for accurate energy usage calculated using my correct meter readings between Nov 14 and Feb 15 (leaving the disputed £976). At the end of Feb the Ombudsman says Npower incorrectly offered to write off the Sept 14 bill for £868 and that I should be given a £25 goodwill payment for the misinformation but that the outstanding balance remained. I did not agree with the Ombudsman proposal and it was reviewed in March 15. I complain that the meter reading Npower used to calculate the opening heat rate was an estimate because it had not been showing on the meter. As this was not part of the original complaint to the Ombudsman they advise me to contact Npower directly. I contacted Npower who agree to work out an accurate opening meter reading but I did not accept the Ombudsman proposal as I still hadn’t had an accurate bill and felt they had not helped resolve my issue with Npower. In April 15 we move out of the property and I give final meter readings and new address. On 1st May 15 they send: An amended bill to our old address for £1318. A letter saying because I’d rejected Ombudsman remedy my complaint has been closed thus exhausting the complaints process and balance is £1362. And a Final Bill for £1452 (the Tariff has now changed to Standard SC ROB 7 Hour Weekend Off-Peak) I call to complain about tariff changing and am told they've re-opened case though they believe bill is correct. Throughout May and June they send another Amended bill, numerous complaint reference letters, and Final demand and Act now to avoid court letters – all to the old address. I email the CEO disputing the Historic debt and Amended Bill and request again that our address be updated and debt recovery stopped. The complaint is logged and I’m given a new reference number. In July I start to get calls from Debt Managers Services attempting to recover a debt of £1,612. In August I receive 5 more amended bills each for a different amount. Throughout Sept and Oct I receive letters from Debt Managers saying my account is on hold while they await instruction from Npower. In January 16 I receive a letter from Npower with a ‘Notice of intention to file a default on your credit file’. Outstanding balance £1452. In February I email complaining that my complaints have not been handled properly and ask about the compensation arrangements Npower agreed with Ofgem. Executive Complaints reply to say I have exhausted thier complaints process and they will not look to raise a new complaint in relation to this query and refer me to their Legal Team. I point out that the Ombudsman instructed me to re-contact Npower to recalculate opening meter reading to which they had agreed. In March 16 Executive Complaints then reply with an incorrect opening meter recalculation (they use accurate winter heat readings to calculate an average daily usage and apply it to 497 days i.e saying we’d use the same heat in summer as in winter!) and advise me again to proceed legally. Moorcroft Debt Recovery begin pursuing the debt and in desperation to resolve this I contact the Citizens Advice Extra Help Unit, who help vulnerable consumers, and they agree to mediate with Npower on my behalf. They challenge Npower throughout March and April but are told Npower's final position was that they would not be opening the case and referred me back to Ombudsman or to take legal action. The amended bills – Falsifying meter readings and placing us on the wrong tariff Having now examined the 5 amended bills of Aug 15 I can see that they have previously tried to ‘re-estimate the bill’ by falsifying meter readings - changing accurate readings into estimates to justify their original estimated opening reading. All these estimates are entirely inaccurate suggesting that I have used thousands of heat units in summer periods when the night storage heaters were switched off. I am suspicious that NPower have chosen to amend the bills with estimates from May 2014 (instead of the 2013-14 winter prior to that when the disputed energy was apparently used) in order to avoid the back billing regulations. I have also asked repeatedly why the Bill that I paid in Feb 15 was cancelled, amended and then re-calculated at a higher unit rate for heat (7p per unit became 12p). No one has addressed this concern. Our tariff appears to have changed from what I understood to be the Economy 10 tariff: Standard SC ROB Heatwise 1 to Standard SC ROB 7 Hour Weekend Off-Peak. At no point did we ever ask to switch tariff or were we offered any explanation as to why the unit price and tariff had been changed, despite me asking on numerous occasions for clarification. Harassment and marking my credit file I have been threatened with court proceedings multiple times, they refuse to put a hold on their collections process so I am still having to deal with debt collections agencies, NPower may have shared data which will impact my credit record and they say this cannot be amended because they claim the outstanding balance is correct and remains payable. They now say I need to proceed legally. My time, stress and worry I have spent innumerable hours dealing with all of this, trying to decipher what has gone on, examining 15 bills, complaining by telephone and email, going through an Ombudsman enquiry that did not help to reach a resolution, and working with Citizens Advice, all of which equates to weeks worth of my time. I have had countless sleepless nights and shed many a tear worrying about everything and feeling bullied by this huge corporation who seem to operate so recklessly with no regard for how peoples lives are affected by this level of stress that they cause. And throughout this period we have a chronically sick child with a rare blood disorder who has been in and out of hospital and Great Ormond St Hospital. Our now 3 year old daughter was first admitted to hospital in a life threatening condition in Oct 14 and has since been admitted 10 times, which Npower have been aware of. I have had to take my energy away from caring for my child to dedicate to unraveling all of this mess and that is extraordinarily painful for me. I am now fully prepared to take legal action, although I have no idea how to do this and do not have any access to financial support or legal advice. I feel completely daunted by the task and almost cannot bear the stress and time of pursuing it further but it seems to be my only route forward. I want to seek damages to be remunerated for this utter failure to handle my complaints and to bill me accurately. NPower’s conduct is far from fair or transparent and does not meet their standards of conduct by a long way. I refuse to be victimized. I realize that this has been a long read and I really appreciate any advice that others can give for me to take this forward legally. Very best wishes D

Hi, I was hoping someone could help me. Basically in April I bought a used car from a trader. The car broke down pretty much straight away and now wont start up at all. I had spoken to consumer direct who told me to write to the trader and tell them as I have had the car under 30 days I am rejecting the car and seeking a refund because the car was not fit for purpose and was not as described (the trader when I bought it said the car was perfectly ok with nothing wrong with it, it infact had a serious fault). The Trader who sold me it as a result of my letter has came around to my house today shouting and swearing and being abusive. He offered me a lesser car than the one I bought from him, valued at the same price on his website. But he was wanting me to pay him £300 more for it. And it would be classed as a private sale not trade so no comebacks if anything is wrong with this other car. Obviously I rejected this offer. He has told me to take him to small claims and all he will do is leave the country and so I won't get the car or the money, or if I do it will not be until a year has passed as he wont be in the UK for many months so I will be out of the car and no money for all this time that he deliberately messes me and the court about to drag this out as long as he can (I know this is an empty threat as the courts wont allow this to go on). But anyway. I am now in the situation I need to draft up my particulars of claim for a consumer rights 2015 claim on the basis that the car was both not fit for purpose. And not as described. I have looked over the Consumer Rights Act and I am not sure which sections of the Consumer Rights Act apply to used car purchases under the above two scenarios. Can anyone help and advise which sections of the consumer rights act I would bring my claim under. i.e section 22(4) or something like this. Thank you in advance.

Good afternoon Everyone, Hopefully someone could help/advise me with a problem I am having with my former employer. I recently resigned from a part-time job working for a well-known Housing Association as they weren't paying me in full for the hours I worked (among other dubious issues). My job started 20th January 2016 and I worked exactly half of my monthly contracted hours between my start date and 31st January 2016 - over four days/shifts. I therefore expected to be paid precisely half my contracted salary (salaried, not paid hourly, unless claiming overtime, which was calculated using an hourly rate). Using the assumption that I would receive half my monthly salary, I was underpaid for January in February's pay. Then, in March, they deducted even more money and claimed that they had overpaid me for January, when I believe the opposite was the case. After numerous emails and telephone calls, staff from payroll claimed that they had initially calculated my hours (15/week) over a 5 day period (3 hours/day), which is what was paid in February's wage. They then said that they had recalculated my hours over a seven day period (2.15 hours/day) hence the deduction in March's pay. However, I actually worked 2 x 7.5 hour shifts = 30 hours - contracted to work 60 hours/month – I have copies of the email from payroll outlining how they calculated January’s wage, copies of my signing-in sheets, copies of overtime sheets showing my working patterns and rotas before I left. As is stands, I have been paid approximately £4.25/hour for the hours I worked in January. After two months of trying to get them to pay me correctly (and among other issues, such as lone working without backup with potentially violent clients) I resigned. Before resigning, I also raised a Formal Grievance and received no response. I am going through the Early Conciliation process with ACAS, but I'm scared of the potential costs and/or risks (i.e. potentially paying their legal costs, they have a huge legal department!) involved taking it all the way to an Employment Tribunal. The Housing Association suggested that I accept two-thirds of what they owe, but I requested to be paid in full. The ACAS conciliator didn't seem too pleased that I didn't accept the offer, which worries me. Someone has also suggested that instead of taking them to a Tribunal that I could take them to Small Claims court instead. I suppose my queries are these: 1) Does it sound like an ‘unlawful deduction of wages’? 2) Does it look like I have a good case for an Employment Tribunal? 3) Would it be better taking them to Small Claims to lower my risks/be more feasible than going through an Employment Tribunal? Could someone be kind enough to impart their knowledge of such matters please, I would be greatly thankful. I hope I've provided enough information, if not please let me know (and apologies if I've gone on too much!). Very best wishes, Ammy

Having received court paperwork from hoist portfolio holding for a old HSBC overdraft And loan all merged into one account. Sent hoist solicitors a CPR request After hearing nothing submitted a holding defence I now have notice of proposed allocation to small claims track Do I need to tick no to small claims track being appropriate as they have failed with CPR request Can only find conflicting information looking online about what to put:boxing:

Hello We received a product from a Scottish company (via Amazon) that did not fit the description. It was different in quality and appearance to the picture on the website. They have insisted that we pay considerable carriage to return the bulky goods (flooring). They are clearly in the wrong as far as distance selling and consumer law are concerned. The goods were not as described and therefore the onus is on them to collect and refund. My question: As it is not possible to use money claim online for a scottish defendant, how should i approach this? I don't see why I should use the scottish courts, as the supply was made to england and I want the case heard in my local court, which as a consumer I believe is my right? If the case is heard in scottland they know its not worth my while to proceed and I suspect the reverse is true. i.e. that they will not contest a case in person for £200 so far away. How can I use English courts and have it heard locally? Thanks

Hi all... I've never had any legal issues in my life, so this is a first for me. Here's the summary: I ordered something via the internet from a large company in Germany using paypal (total cost £50.) I received the item in December. This afternoon, I received an email from the company's lawyer saying that the paypal payment never went through, and they are demanding the intial payment + attorney fees, or they are going to sue me. I just checked my paypal account, and was genuinely surprised to find out that this wasn't a hoax of some kind. My payment didn't go through, which has never happened before with paypal. So I've gone ahead and sent the payment through again (this time it went through successfully.) My question is about the attorney fees they are demanding, which are more than the original item. I've never heard from this company since I made the purchase in December, no emails, phone calls, or invoices in the post. The letter from their solicitor says that they sent me an email, but I've checked my spam folder and I've never received anything from them. Am I responsible for their attorney fee if I settle the bill prior to them suing me? That seems crazy, as I've never heard from them before about any billing problem. Can they sue me in Germany for the legal fees, and would this somehow destroy my credit history? Thanks for any help...

this is about a Vehicle that needs around 3,500 - 4000 Costs in Repairs or a Full refund. its been over 2 Weeks since I sent the required Extra Information to Claims Team that they asked for . Today I received this email. "I have checked with management and your file is still under review and hope to have a decision to you by next week. Should you have any further queries, please do not hesitate to Is contact us." I Received this email about 6 Days ago "I am sorry to learn of the difficulties that you are experiencing with this merchant. Section 75 of the Consumer Credit Act 1974 covers purchases made using the card costing between £100 and £30,000, where a misrepresentation or breach of contract has been proven. Please be assured that a complete review of your claim is in progress and I will update you as soon as possible. " I was told on the Phone 7 - 10 Days it has been over that. Really not happy about the amount of time they are taking. Is there anything further I should do at this stage ? Its causing a lot of issues in the House and costing us money. I am planning on going Small Claims Route if I need to. as I am pretty sure it is clear cut case It has been just over 4 weeks since Lloyds where made aware of the Issue. .