Showing results for tags 'small'.
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Hi I was wondering if someone can help me with what i can and cant claim for? I rented a property of the local council which have a management company. I got a mains water leak which was reported straight away. The company sent loads of wrong men out and then said it was fixed when it wasn't. I had to call and harass so many people to get them to listen that the leak was not fixed. I was called a lier and ignored. All complaints logged disappeared. They then said they would not fix unless i sign a disclaimer which I refused and then i went to the local MP for help who assigned me a local councillor. He went straight to the council to fight my corner and got me moved. This went on over 4 months. It would have been longer if I wasn't so persistent. There was black mould and damp that had risen up the entire house. I did get evidence of it all. I hired a dehumidifier as the council didn't seem concerned to help with any of the smell and dampness. I have a 1 year old and a 8 year old with autism. It not only effected our health but the stress having to fight every day to get my children somewhere healthy to live. I have been a good paying tenant for over 5 years. As I moved the extent of the damage became apparent. not only had they ripped my wooden flooring for no reason as it was under the kitchen but the damp and mould had spread to the kids room and mine. A lot got thrown but also I have to get all my suits dry cleaned as have mould all over them as they were in a built in wardrobe above the kitchen where the leak started. So why i am on here is i need advise on what i can put into a claim. I asked the council for basic money back for the stuff damaged due to them saying it was fixed when it wasn't and also hire of the dehumidifier but also rent for a property that was inhabitable. My son fell through the wall it got that damp. This is a list of the stuff I asked for: Wood Floor £940 (quote from a company to replace flooring from old property) Mattress 5ft £374.99 Single mattress £94.99 Cot mattress £34.89 Hire of Dehumidifier £504.00 inc VAT 7 Weeks Rent from 21st August 9th November £1169.96 Cloths in the bedroom above kitchen all need dry cleaning as suits and coats, what i can wash in my washing machine i have done 13x @ £6 =£ 78 Sofas £1200 Babies cot £150 rope storage box £40 I did not put compensation as I just wanted to replace what got damaged. They came back with 500 good will and 500 off rent. Can you put in a claim for things we have not replaced as of yet? IE wood floor? All advise welcome. Thank you -
Hi all, Posting this on behalf of my friend that purchased a used car from a small dealership in the North West. It was a Vauxhall Vecta 1.8L petrol on a 57 plate. The car looked and drove well, it has some minor scratches and a fault with the electric window that they are aware of an willing to put right at a later date convenient to him. The issue started last week, he was in the boot and all of a sudden the boot lid dropped on his head, it turns out the gas lifter had popped of as there was no retainment clip on the ball joint, then then caused the boot lift to get wedged in the gap between the boot lid and rear tail section of the car. This has caused the window to completely shatter and some body work damage (paint has come off and metal has deformed where the gas lifter got wedged.) The window was then repaired next day via Autoglass due to it being a car he has to use to get to work (no local transport to his area of work,) at a cost of £75. The next day he is driving to work doing around 45MPH and the bonnet all of a sudden flips up and smashes the front window screen and puts several huge cracks down it, this again has cost £75 to replace. The bonnet has also been damaged in the two corners as they have bent backwards due to the force of impact and the center of the bonnet has 4 huge dents where it initially hit the window screen. After getting home he has checked the safety latch on the bonnet catch and it was rusted stiff (he has taken a video of this to show it won't move,) he has sprayed it with some WD40 and with some force managed to free it as again he needs to use it to get to work. The question is, is where does he stand in regards to getting the money back for the costs of window screen replacements and getting the bodywork issues fixed ? The car was only sold to him 10 days ago. Thanks in advance -
I will try to fill you in as briefly as possible! In September I received documents from Northampton of a claim issued by Hoist Portfolio. the particulars of claim were very vague ie no date of debt, no date of assignment etc. I acknowledged immediately and stated intention to defend. I sent off CCA and CPR requests in accordance with the rules. These were disregarded and I received no response. It was allocated to small claims and transferred to my local court. The hearing date was set and a deadline of 25th Feb was set for returning witness statements. At this point I had received precisely zero info from the claimant as requested, I constructed my witness statement along the lines of 'I have no info re the debt so can't defend something I have no knowledge of', the claimant was attempting to frustrate my efforts to defend in not disclosing any information and disregarding my CCA request and CPR request. I served a copy in the claimant and made sure it was with the court in time, brownie points to me I've now received (after the deadline) the claimants statement, and I'm wondering what to do. In their bundle they have the original agreement (in a different name to that on the court docs) but barely legible, a statement of account, and issue of default. My query comes in because on the statement of account, there are payments between July 2009 and Feb 2011 which came from a current account but we're not expressly authorised by myself. The debt is for a credit card and I had a current account with the same bank. So these payments were taken from my current account (I guess under the original contract I signed for the card this was authorised) but I didn't expressly make those payments myself. In fact I seem to remember trying to stop the payments, and they kept taking them without my agreement. Do these count as acknowledgement of debt? If these payments are disallowed, the debt should be statue barred (date of default was 25th June 2009 and I would argue that subsequent payments were not made with my authority). Or does it not matter, as I signed a contract therefore indicating my authority to take these payments? If it's not statue barred what should I do, as I'm now thinking they have me over a barrel even though their documents were late to arrive. Apologies if this doesn't make sense to you all, it does in my little head! Many thanks in advance for any advice you can offer! -
http://www.scotcourts.gov.uk/taking-action/small-claims There are some significant differences between England/Wales - Scotland the link above will advise on how to take action in Scotland (Small Claims) -
Hello, I hope someone can advise. I am looking for some assistance. I have just recieved a Small Claims Summons from a large organisation chasing a debt from a Ltd Company I was a Director for the sum of £840.70. The company I was a Director for dissolved in June 2015. I signed a trade account agreement in my name on behalf of the company as I was the Director. The company only had a £750.00 trade limit. It was a trade account but yet the large organisation is chasing me personally now for the debt. I started the business in the hope of success but was not paid by several customers and did not have the monies to chase the debt so closed the company as it was no longer viable and I got a job. Am I liable for this debt and do I have to pay?
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I bought a car last year for £3000, a month later a hole blew in the block and the engine was a complete write off as you can imagine, I was on the M6 and had been driving at a steady speed for over an hour when this happened. I had only driven the car for 1000 miles since buying it when this happened. The car was sold with a 6month / 3000mile warranty. I had the RAC tow the car to the garage I bought it from. The garage provided me with a courtesy car for 2 weeks until I had purchased another car and assured me they would honour the warranty and repair the car. Since this time the garage has still not repaired the car 6months on and I'm at my wits end with it now and have had enough, I have spoken to CAB in relation to it and they have advised me to send a letter before action to the dealer and take them to small claims court for breach of SOGA. The letter I had sent to the dealer is below. My question is what is the next step in relation to the small claims court, I understand I can do it online but I'm unsure what to put for the particulars for the claim, the claim amount and whether I can add compensation and interest to the claim. Any help would be appreciated.
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Hi all Apologies for the long post. I am in the process of a complaint ith Abta about a holiday i have yet to take but i believe there has been a breach of contract and i want a full refund or flights changed. When you read the complaint it may seem like a small issue but the deceptive behaviour and outright lies are what make me want to cancel with this company. I booked a holiday to go to Turkey on 25th May. I paid the deposit online but received an email a few days later stating that the rooms are not available but they have a different room for £313.07 extra of which Loveholidays would pay half. I said that would be fine but the next day (Sunday) i received another email stating that even those rooms are not available. So i spent the day looking with other companies and found the holiday available with another company for a cheaper price on different dates which were preferential (during half term). My family discussed it and arranged the dates with their work. When i called Loveholidays, i explained that i am phoning to cancel as i have found the holiday cheaper elsewhere with different dates. She agreed as they were unable to find availability and said it would take 3-5 days to get our money back. As i knew it would take at least 3 working days to get the deposit back, i told the manager (Hannah) i had found the holiday cheaper elsewhere with better dates and asked if she could match the new price and dates rather than waiting for a refund. She said she will find out and call me back. She calls me back in the afternoon stating that she has once again found the rooms (the 2nd option) for the original date and that i will still have to pay the extra money. I explained that i did not want and would like to cancel it as the other company was still cheaper and the dates more suitable. She said i would have to pay £400 admin fees for the flights if i wanted to change them but i could not get a full refund as the flights are non-refundable. She had booked the hotel without my consent as i asked if she could match the new price and dates i had found. NONE of this was mentioned in the call earlier that day. I told her to make me an offer so i can choose whether to stay or cancel. At no point did she tell me that if she found room availability i would have to take it. Basically, the choice was taken away from me. If she had stated that in the morning i would definitely have cancelled and she should have mentioned this. Within a few hours i lost the ability to cancel this booking. I never asked her to book the rooms for me. I asked for her to give me options if she could match it but she has not. It is strange how they finally found room availability when i explained i had found the holiday cheaper elsewhere and i am extremely angry that she has done this. It is very conniving. I do not want to be held over a barrel and i did not ask her to book the rooms. I asked her what would be available for me if i decided to stay. While she has agreed to write off the extra money to be paid for the rooms, she has also given me no choice but to stay with Loveholidays. So my question is, should i bother pursuing it through the small claims court as i already know they have replied to Abta and disagree with me so we will be at deadlock. It may seem like a high price to pay for a principle but the lying incompetent manager should not be allowed to do this to people as a sneaky tactic of holding onto customers. Any help appreciated and sorry again for the long post.
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Please could someone help i bought a car which went faulty after four months. i am taking the dealer to small claims court. i was given a date of 1st feb 2016, took a day off work to attend got back yesterday from holiday to find a letter from chesterfield court to say it has been struck out as i failed to comply with the previous order requiring the filing of evidence to be relied upon. im no solicitor so having gone through the paperwork i realised the court wanted me to get an expert to check the vehicle and submit his foundings. im not sure what to do now as ive paid £3250 for the car £185 for the initial fee and then a further £355 for a hearing which has now been struck out! Can i ask to resubmit the case and if so will i have to pay again i was due in court tommorow. please help
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Hello, please can someone help me. The freeholder of my flat pursued me for unpaid service charges through small claims at the county court. I settled the first charge with at the court as a gesture to try and get things sorted. I was also under a lot of pressure has a family member had just passed away. The second charge was more substantial and included major works. This was transferred to the LVT. The LVT ruled that the service charges were not currently payable because the freeholder hadn't fully complied with Section 47 of the LTA 1987. However, they also said that i would have to pay once he issued the service charge form correctly. I have paid the outstanding service charges, though he still hasn't done any work to the property and in fact he never has. The LVT did not rule on the legal costs and transferred the case back to County court to make the determination. These legal charges are for over £6k, more than the service charge demands. His solicitor is relying upon the following clause, to recover the legal costs, in my lease which states: 'To pay all costs charges and expenses including Solicitors Costs and Surveyors’ fees incurred by the Lessor for the purpose of or incidental to the preparation and service of a Notice under Section 146 of the Law of Property Act 1925 requiring the Lessee to remedy the breach of any of the covenants herein contained notwithstanding forfeiture for such breach may be avoided otherwise than by relief granted by the Court' Please can someone help. I saw that under CPR 27 legal costs in Small Claims are limited to £260 but there has recently been a case where legal costs were awarded because the lease took precedence (Chaplair v Kumari, 2015). In addition, i have just sold the property and it completes tomorrow. This is before the hearing is set to take place. I have also just asked for the claim to be struck out as the Claimant has not filed the statement of costs which were ordered to be served over 3 weeks ago. Please can someone help me. Many thanks in advance
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Probably bit late in day to ask this. I am in a County Court tomorrow in respect of a small claim against a large company. The amount I am claiming is around £8,000. I am acting for myself and the Defendant appointed a large legal company. I was offered a Commercial Offer of £1,000 to basically go away which I refused. This afternoon I received a email from the Legal Company with a statement of costs which they have provided to the Court. They intend to claim around £25,000.00 in costs. A. should I be worried or B. top myself now thanks
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Basically, help! We have a small business, opened one year. Our business banking is with barclays- as are my personal accounts. Didn't have much choice with that, for lots of reasons. Barclays are awful. They refused us an overdraft or any funding whatsoever - the account was in credit by considerably more than the overdraft we'd asked for, but we needed the ability to have credit in the future because we need to buy stock. Refused when we had contracts worth thousands, almost lost one because of it. Told us to use 'payday loan' type companies for credit for stock. We actually had to, to ensure we got stock for an order. When the money hit our account, they took a hefty chunk- even though our free banking wasn't to end yet and at that time, we weren't overdrawn. More recently they took our money earmarked for rent, out our business savings account. We told them we didn't give permission for them to do this- so they did it again. This left us overdrawn on the main account - they'd agreed a temporary overdraft, which we pay off monthly - we didn't really have a choice at that. Today they cancelled that - because they've taken us over limit - in response to me contacting them to tell them not to empty the savings account! Money goes in - on paper, we're fine, until Barclays take hundreds out every month. Since September, almost £2000 has gone to them. They won't actually provide us with where it's gone, or what our monthly fees are meant to be. We can't speak to our bank manager directly - and when we did - she actually said that the computer says no. And apparently no human could look at it sensibly, and make a decision on actual income or our business plan, or anything. Just- no. Our business is everything, we put absolutely everything into it. Then Barclays take it. We can't pay the rent because they've taken it, they've shut down our account. I've got a personal barclaycard - this morning checked it and that's inexplicably overdrawn. To add insult, barclaycard put up my credit limit on the account and dropped the interest rates the SAME month they turned down the business for a barclaycard - and sent us awful wine to say 'sorry' after the application apparently was turned down on their system before we'd applied. I just don't know what to do anymore. We put in a complaint in October and got back £200 of the charges, we told them we accepted the part payment but we were not considering the matter closed and would take it further for the rest of the charges/fees/random amounts they swiped. We've applied for other banks, but the more we're turned down, the worse we look. We've applied for a no-credit check business account today. That takes five days- won't be surprised if they turn us down too. How do we stop Barclays ruining our business? How do we get another business account that we can have card payments paid into? We can't swap to a personal account for business merchant services. They're meant to be ringing back in half an hour. I am not very happy with them Don't think I can speak to them, had a massive rant at them earlier, which wasn't helpful and didn't make me feel any better either. But just at the end of my tether with them. Barclays are just destroying us. Logged onto the online banking- and they're offering ways of funding small businesses as an advert, ffs! -
Hi all, Im at a complete loss. I got a ccj claim and thought id filled it all in correctly - wasn't entirely sure what the debt was, Im thinking a payday loan that I abandoned. I filled in acknowledgement of service and defended the claim using information I found through researching my problem and using an appropriate template from here or so I thought. I got a Notice of proposed allocation to the small claims track and have to reply in a few days and I don't know what I have done. Or more importantly what to do. Ive buried my head in the sand and Im just at a loss with it all. I think Im getting somewhere with my debts and then I go and mess it all up (sorry I know that is very woe is me) Having a really tough time at the moment with home life and anxiety and this is just pushing me to the edge. Just sold our home to move into rented accommodation and the last thing I need is a ccj causing me issues with renting a place Can anyone please advise? Many Thanks -
Looking for some advice please on whether this is allowed before I respond if a claim has been issued and a hearing date set, at the stage at which witness statements are sent can the creditor rightly and legitimately double the value of the claim within their statement and will the court allow this/take this into account when hearing the case? Cannot tell that any formal application has been made just the request within the statement...
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I am posting this on behalf of a friend so please bare with me when im answering as I have to double check before I post replys. A letter came through the post this morning from County court money claims centre giving claimants name and address and listing myself trading as my company name with my address as the defendant. I knew nothing at all about this. They are claiming £414.90 plus £50 court fees for services rendered by the claimant for advertising charges on menu booklets. The defendant has failed to make the payments due on their account. The particulars state 'The claimant contacted the defendant on a number of occasions regarding the balance however no payment was recieved'. This is where it gets a bit odd. They claim I am the defendant and that I signed the agreement , they have contacted me on numerous occasions requesting payment. However, on the agreement they have provided as proof it has my company name and my company email address (which I have only now got back because my ex changed all my passwords), my ex girlfriends address, my ex girlfriends name, her telephone number and her signature signing herself as company sec. She has never been company sec or had anything to do with my company may I add. I contacted her and she admitted taking it out and signing it, she had even paid the first two payments out of HER personal account and has offered her statements to show this, she said she was trying to be nice and get more business for me. I knew nothing of this and because we have split up she has stated she is not paying no more and refused to deal with them so this has now landed on my doorstep . Do I owe this money seeing as I know nothing of it?, I didnt sign anything, I paid nothing etc. I have sent in the acknowledgement of service stating I wish to defend this however the place where they have registered this claim is over 300 miles away from myself and I cannot travel up there so will need to do it all online. Thanks -
Without getting into the fine detail, I am the claimant in a small claim against an organisation and in this case a named person within the organisation as they hold a particular role as a sole person. The organisation are intending to defend the case and it will be one of their legal services people attending court in person. In the directions questionnaire the legal services person is named in section B and in section D3 they have indicated 1 witness including themself will be attending court. This witness has submitted a statement of evidence and the copy I have been provided is not signed or dated. I have two questions. 1) As it will be legal services attending court and they only indicated on the directions questionnaire that there is only 1 witness, does this mean that ONLY the statement or ONLY the legal services person can be heard by the judge ? 2) As the copy of the statement of evidence that I have been provided with is not signed, does that mean it is not valid (the person who wrote it is not attending court) or is it the copy of the statement lodged with the court (if signed) that decides this ?
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please help, case for expenses due not disputed, case to make a claim not disputed, case dismissed as not done on correct form using information of journeys completed eg post code to post code and dates. all information on electronic diary, no paper copy of visits used by any employee, accurate mileage claim relied on access to diary at work which was refused. My estimated amount discussed for over one hour, gave calculation of how I had got amount, ex employer asked to produce figure for court of their estimation of amount. case dismissed due to not applying on the correct form or producing post code details proof journeys. how can employer get away with knowingly agreeing to accept expenses claim when there intension was not allow access to do so in the manor they want it. The judge I fell did not exercise discretion, the claim should have been allowed and the amount only decided, really would like to appeal, the person left after bullying and this is the only thing she got out of raising the mater with district manager. She now has to repay overpayment of wages that she had originally thought her expenses. the judge himself, did disclose the firm he works for does work with this company but she was happy to go ahead, but I cant help feeling all the talk about the amount mislead her into thinking she would get an award of expenses
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We had a quote for some wedding decor at a wedding by an events organiser. A formal quote of £2,000 was agreed and this was emailed to us. We agreed to this and sent a £300 non-refundable deposit by bank transfer. The organiser then decided to raise the agreed price to £3,000. We then requested that we weren't going ahead any more as the agreement had been broken. Initially the contact agreed to refund the deposit but is now refusing. We have made alternative arrangements and our argument is simple. She broke the original agreement by demanding a higher price after we had paid the deposit. She then agreed to refund the deposit. The agreement had ended. She is now saying that the agreement is still in place and she can either deliver what we want for £2,000 or not go ahead but the deposit is non-refundable. We say that the deposit is only non-refundable if we had broken the agreement. We are not using her as we have made alternative arrangements. All of these discussions are on text messages. I now want to send a formal letter before court action demanding that the deposit is refunded as our agreement ended when she raised the price after we paid it and later agreed to refund the deposit. One thing I'm not sure about is who I would claim against in the small claims court if it went that far. The events organisation isn't a company. Can we still issue the claim against the organisation or will I have to sue the individual we are dealing with (the payment was made to an account in her name)? If we have to target the individual can we use the business address as we obviously don't know her personal address? -
Hi I am a tenant living a block of flats. I have received at least 20 parking charge notices The main reason stated on the parking charge notice is" not parked correctly within the markings of the bay or space within bay marking". After their initial letter and final reminders and DR agent letter, I have received a letter from their small claims solicitor stating: we act for UKPC and are instructed to recover the charges shown below incurred by you in relation to the parking of your vehicle The total is £900 ( 6 x £150) Im sure I will receive at least two or even three more of these as my notices are at least 20 ( ie a total of maybe £2700-£3000). Im panicking now. My worry is that I was parked on private land managed by the management company. I am a tenant not the owner of the flat. However, as we have two cars, but one car space, I parked within the perimeters of the property, but somewhere where I had never caused an obstruction. Whats really astonishing is that I have even received 2 charges on a single day, within 12 hours. I have also received 4 on four consecutive days inclusdng te weeknd when I was off work. I want to emphasise the difference between my case and others who have very kindly posted theirs on this site in that: 1. I was parked in a non designated parking area on the private property I live in, rather than the parking bay 2. I have not appealed any of the claims. The thought of £900, and even more, if they are successful is stressing me out. Cant sleep. Cant focus on work Tried citizens advice bureau, but not much of help. Tried calling some solicitors, but they aren't that interested. Tried rip off Britain and waiting. I feel all doors are closed o me and I will end up in court and lose. Im doomed and gloomed I feel. Pleas please please advise. I would really be very very appreciative. Many thanks Mo -
Hi, couldn't find an answer to this but apologies if this has been covered before.. I am the owner of a small business and I have purchased an item from a well known online retailer. I wish to return the item I have purchased due to it not being as advertised. they have told me that because I have purchased this for a business that the distance selling rules where the consumer is entitled to a cooling off period do not apply and I am not entitled to return this product for a refund. is this correct? Thanks C22
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Greetings. I filed an N164 asking for permission to appeal about a month ago. I haven't heard anything back yet. I was wondering... is the N164 form, where you tick "I ask for permission to appeal", essentially a request to the district judge who has the case for permission? Or is the N164 with that option ticked essentially an appeal notice that will go to the circuit judge where they will decide on permission to appeal? I would like to proceed by filing an appellant's notice and ticking "No" in answer to "Has permission been granted?". Any thoughts?
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Hello TCAG forums, I currently have an ongoing dispute with VM over a Galaxy S6 home button manufacturing issue that has been denied exchange/repair over evidence the phone has been rooted. Most of my case has been documented here - hxxp://community.virginmedia.com/t5/Mobile/Repair-refused-on-days-old-handset-due-to-root-Galaxy-S6/td-p/2918695 To summarize for everyone on these forums, the home button was loose on delivery of the phone, but operating okay for the first few days. It then began to stop registering some pushes when the button was pressed on the right hand side. After contacting VM a few days in (within 14 days) I was offered a doorstop exchange. This was cancelled a day later and I was told I had to send for repair. Repair was refused under warranty for evidence of the phone being rooted and I was quoted £200. I refused. I contacted Citizens Advice who advised me to write to them and state the sale of good act and burden of proof. I also enclosed a copy of this article - hxxp://fsfe.org/freesoftware/legal/flashingdevices.en.html I stated it was a physical fault, and not anything caused by software. Today I was contacted and told VM are sticking to their guns and the reason for the exchange being cancelled was they wanted to inspect the phone first to make sure I hadn't misused it, dropping for example. I tried to argue that I shouldn't be held guilty to misuse until proven innocent and that other companies all exchange within 14 days and inspect the handset after exchange. I have now contacted CA again, and know the next step they will advise is raising with the small claims court. I contacted FSFE via email to seek more advice on their article and law as well. Has anyone else experienced issues over flashing an android device with other software? I've had a Nexus phone in the past sent back to Google with no issues, and even read many examples of people sending phones to Samsung under warranty with no issues. Thanks a lot. -
Hi, I would appreciate any assistance. I had a couple of CC's years ago and lost my job for a year and 4 months. No repayments were made as i could'nt afford it and ended up getting into real dificulty financially. This was back in March 2009. I did receive demands for repayment for a while after i had defaulted and stupidly ignored them due to worry. Now i have received a small claim summons from sheriff court for £2400. Can anyone advise me if this is time barred as it has been over 6 years? And also what my options are? I would be gratefull for any good advice please. -
Hi. I'm being taken to court over an alleged debt that I thought was unenforcable. I'm not sure how to respond to the court questionnaire. Brief Background In September 2012 I made a CCA request to Lloyds and their DCA at the time (Robinson Way) over an alleged debt from 2003. My request was ignored. "You owe us money" letters continued to arrive. In November 2012, I re-requested the CCA from them both, adding that I required a "legally enforcable original signed consumer credit agreement" before I would correspond with them any further. I heard nothing for 18 months more or less. Then, in 2014 I began to receive letters from First Credit. I ignored these, and binned them without reading. Current Situtation In August 2015 I received a Claim Form from the County Court Business Centre (the claimant was First Credit). It required me to admit the debt or file a defence. I realised it would be foolish to ignore this. I gave the non-response to the CCA request as my defence (exact wording below). A few days ago I received a Notice of Proposed Allocation to the Small Claims Track, accompanied by a Directions Questionnaire. It asks about dates / locations for a court hearing, and also if I agree to the case being referred the Small Claims Mediation Service. How should I respond? Should I bother with the mediation? I don't want to come across as unreasonable, but in this case I don't see what help the mediators could provide. I would like to avoid court if at all possible, and I don't see how they can actually take it to court without having provided me with the requested CCA. -
I am looking for a little bit of advise - the prices I have been quoted by solicitors are just astronomical and I really cannot afford them . I am self employed. I have checked with my pubic liability insurance and home insurance to see if I am covered for some legal help/representation but unfortunately not! Earlier this year I completed some work for a private LL, fitted and new kitchen, new bathroom, painted throughout and did some small extras. I completed the work to a high standard and on time. I even threw in a load of freebie work! The final bill was due (the LL paid instalments throughout) and suddenly the LL became un-contactable. Nearly 2 weeks later they finally got back to me saying they'd only pay me half of what was owing "as it was a reflection of the work completed". I had no warning of this and the LL didn't inform me of any problems. The amount owing is near to me is nearly 1k. I took the claim to a small claims, where she has presented a counter claim to the value of £1600 of, quite frankly, made up claims She is also using a solicitor and compiled a '120' page booklet of her counter claim - the dates, times and photo's are made up, inconsistent and just unfair. I have a video of the full property when my work was completed, dated photos and there really is no reason for her to withhold this money OR counterclaim. The fact is, I'm very nervous and could do with a few pointers/something strong and factual to point out in court. I would really appreciate some help and guidance.
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Hi, After some advice if anyone can help. It's very complicated - well, at least it is to me as I'm totally out of my depth! I'll try to be brief... Back in 2013 I was on JSA and totally, brutally, skint. I had a small pension with Standard Life, the current value at the time was 10k. I received a cold-call from a company offering me a way to transfer my pension and release 20% of the value immediately. I was 38 at the time and even I knew that this was probably a bit dodgy as 55 seemed to be the only age this was allowed. But because I was so poor I figured that £2k now and worry about the 18k in 17 years time! The fees they charged me were horrendous, but I got £1780 and to be honest it saved my life. Fast forward two years and I had a phone call from a genuinely nice guy at HMRC asking me why I hadn't filed tax returns for my "company"! Long story short, this pension release firm had set up a holding company for me and transferred my pension funds to it, they then bought £8k worth of shares in some crazy business - I had no knowledge about any of this. The guy at HMRC basically said, "don't worry, we come across mug-punters like you all the time, your only crime is being a thick idiot, but we will come after you for 40% tax on the full 10k unless you transfer the funds into a proper SSCP" ? I've got in contact with the original firm which handled the paperwork (interestingly it's not the same company which cold-called me - they were just acting as an introducer for their commission). Again, to be fair, this firm who handled the paperwork have got back to me and said there's still about £900 my "fictitious" (to me) holding company, and the 8k shares are real. So, I've got the original share certificate coming from the business I "bought" 8k shares in, and the firm have promised to send me a check for the £900 once "they have concluded business with HMRC as they've deregulated your small stakeholder pension fund". I hope the above makes sense, as it barely does to me. I guess my question is, IF I get sent a cheque for £900, and IF these shares turn out to be worth more than the paper they're written on and I sell them, then do I need to tell HMRC and pay 40% tax, or do I wait for them to ask for it in the fullness of time. I'm still on JSA. Thanks if anyone takes the time to make sense of the above. And please feel free to ask me more questions - I'll answer to the best of my ability.
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