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  1. Hi folks. To cut a long story short, my husband brought a civil case against his ex who lives in Scotland.it took THREE years to get it to court through one thing and another. Anyway, my husband lost....badly. The sherriff said he felt he lied under oath....he did not... and that some of the evidence was not true..it was and we can prove it. We feel very let down by our solicitor as they did not present half the evidence we had. However the sherriff has awarded FULL costs to his ex....she went for £5k and has said if my husband appeals he will condiser referring him to the Lord Advocate for criminal proceedings as he feels he lied under oath!!! We are furious. He did not lie and the evidence he claims is a lie we can prove beyond doubt that it is not. We are struggling to get hold of the solicitor, and my husband has said he will go to jail before he pays a penny to her. It appears that something is very wrong in all of this and we dont know what to do now. f he doesnt pay what will happen? We have a house in joint names can they go after this? How does it work if we live in England?? Any advice gratefully received.....this year has been a freakin mare for us and im not sure how much more we can take.
  2. How on earth can one have a Scottish decree recalled - 3 years after it was made? Royal Bank of Scotland misled the Sherriff's court and insisted that there was no PPI on a debt that they were suing on. They got their decreee and the defendant has suffered great hardship and difficulty ever since. She is now able to prove the existence of the PPI policy. In England it would be straightforward to have the judgment setaside in these circumstances. In Scotland, it seems that there are very strict time limits - max 12 months. Anyone any idea? How can one reopen a case in order to remedy a grave injustice caused by the Robber Bank of Scotland?
  3. Joining a party as Defendant to an action I am a litigant in person with very limited resource and not enough disposable income to pay for legal counsel. I am being sued in the High Court by an unscrupulous multi-national for whom I used to work and I find myself at a disadvantage due to my lack of knowledge pertaining to proper High Court procedures. The claim relates to a loss ocassioned by one part of the multi-national group (A) ocassioned by a breach of contractual undertaking to a client by another part of the multi-national group (B). (A) is now suing me for acts that occured long after the breach by (B). In an attempt to recover its losses from an external source, rather than from its sister company (B), the claim disingenuously alleges that my subsequent acts caused the loss. Moreover, (A) has dishonestly attempted to conceal the contractual undertaking of (B) and has not referred to it in its Statement of Claim against me. I have subsequently discovered the existence of the undertaking, the breach of which was the true cause of the loss sustained by (A). I would now like to apply to the Court for an order under CPR 19.4 to have (B) added as a Defendant to the proceedings on the basis that clear evidence exists that (B) was the true cause of the loss for which I am now being sued. In the alternative, I would like to apply to the Court for the case to be struck out on the basis that it is an abuse of the Court's process. However, I have no idea how to make a proper application to the High Court for such an Order and I am afraid that, notwithstanding the merits of the application, that it may fail for improper adherence to the proper process. Any advice would be gratefully received.
  4. A Sale of Goods Act rejection of a horsebox (claim value circa £20k) because of multiple defects discovered very soon after delivery. The Defendant's first defence was struck out by the Deputy District Judge, he was given a second chance to file a defence and now a solicitor has submitted a complicated document with several fundamental 'lies' to make it appear as if we bought the vehicle in the course of our business rather than, as was the case, as private individuals/consumers to pursue our leisure interest in horses. How do we best tackle this? Can we complain about integrity/honesty of the brief the solicitor has been given. The correct facts are readily available in documents from our own files and those of public authorities.
  5. Hi, I’m hoping someone may be able to offer me some advice / assistance. This morning I received an unpleasant letter from a company called Civil Recovery Solutions (CRS) who are acting on behalf of their client (Travelodge Hotels Limited), relating to an alleged incident that occurred during one of my stays on 11th May 2012, which resulted in damage to a wall. They claim the damage is for £400, and that I either need to pay this within 14 days, or write to them denying liability within 10 days! There was no damage to my room at all when I stayed, and I am shocked and appalled by the letter I’ve received, which is very ‘bullish’ to read! I have since stayed with the same hotel since May 11th, and not one member of Travelodge’s team has mentioned any damage, nor has Travelodge been in contact with me directly, despite having all of my contact details. I don’t know what the damage is as they have failed to elaborate or provide a cost breakdown, nor its location, other than it’s to a ‘wall’. This letter has come completely out of the blue, and as a total shock. All I know is, I can’t afford to pay £400 for something that I never did, nor am I willing to do so. Obviously I will defend myself; I just don’t know how to go about it. How do I prove or disprove such allegations? Surely it’s going to be my word against theirs?? How do I know a) the damage occurred, b) it was in my room, c) it wasn’t done after my departure, or even d) that it already existed before I stayed but I didn’t notice it (they haven’t confirmed which wall the damage occurred to or its extent!). I was proposing to reply in writing denying the claim, and request photographic evidence of the damage, but I’m not sure if this is the correct response? Should I also contact the hotel I stayed at directly to query the whole incident? I also feel that I should write to Travelodge head office for such an appalling way to treat a customer! I noticed some similar posts on this Forum, but they were all relating to Smoking in Rooms, not damage to property, so I’m unsure of the best approach to this. Thanks in advance for reading my post and any advice you may be able to offer, Kind regards
  6. Hi All A couple of weeks ago I parked at Chippenham station bought a ticket and on my return the was a Civil Parking Notice under my wind screen wiper, the ticket had fallen off the dashboard on to the seat. I appealed to APCOA and have recived a letter stating that my vehicle was parked without a valid payment and the notice is being upheld. What can I do about this ? Thanks in advance Oldone69
  7. Had a letter Stating that 'We are in possession of a warrant of execution issued under authority of the county Court Traffic enforcment centre in respect of an unpaid Penalty Charge Notice. THe warrant empowers us to enter your porperty and sieze goods remover them and sell them at public auction. If you do not pay within 7 days it will be necessary etc etc. Can anyone give me some advice on this the amount they are demanding is £270. What should i do can i do. My detail etc are correct. Worried
  8. guys i received a similar letter from civil enforcement ltd few montha ago.. after reading few forums ive decided to ignore them... after the final reminder I've received a letter today saying that they are intended to take the matter to Northampton County Court. It is not from Newlyn. i wish i cud attach the letter here... Anyway the letter still looks fake to me as the County Courts Act (section 69) looks like scanned and pasted into the letter. They say they will seize my vehicle/good, and many other things they can possibly do. What shall I do? Do I continue to ignore them? It just bugging me. Please do reply
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