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

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

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

I have been issued with a small claim of £1239 for "decorative and improvement works" carried out on a property myself and my ex-partner were trying to sell. I had moved out of the property and my partner continued to live in the property despite neither of us continuing to pay the mortgage. She herself then moved out of the property. The works were carried out despite my continued instructions that the house should be sold as-is and under any circumstances and that I would not pay another penny into our "bad decision" that was going to probably be sold at a loss as it was. The house did indeed sell at a loss with us both having a ring-fenced debt imposed on each party of £12,000. My partner is now claiming that I pay her half of the monies spent on the property for these improvements. It is also worth noting that prior to these works being carried out an offer was made on the property for £142,000, my ex-partner refused the offer directly and the party lost interest. I was fuming! The house eventually sold for £122,000, resulting in a 24k inequity from our mortgage provider that we split. My questions are: 1)]Does she have a valid claim on these works? 2)Is the claim valid if there is no receipts as evidence of the costs in question? 3)Her new partner "bought" and installed a boiler (he is the owner and she is the Director of his plumbing business), but I'm being charged what is seemingly trade-price rather than cost - is this legit? There's no way he would've charged her that sum in reality. 4)If I did contest this, do I have to pick up her Legal costs (not court costs but advocate fees)? I am pretty easy going and reasonable and if there is validation that I am liable for these sums then I'll write a cheque and finally close this chapter of my life, however I feel slightly aggrieved that she repeatedly refused offers in excess of £130k, spent money on the house making improvements against my wishes and advice and further the "improvements" did nothing for the value of the house which sold at £122k. Any advice or thoughts would be most welcome. Thanks.

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

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

Hi. I have 2 small debts (from telecoms companies), caused by my own silly oversight at the end of contracts. The Lowell one originally came from o2 (for £42), and I recently settled this in full. The T Mobile £20) one I about to settle, but I am going to use repayment as a leverage for having the default removed. These are rather low amounts, so I was wondering what my chances are of having them removed, by either cajoling or threatening them with legal action if they can't prove the defaults were served correctly. A copy of my letter (I've changed it slightly to suit each instance) is below: As I said in the letter, these are for such small amounts and have an adverse effect on my credit file, when reality I manage to pay debts totalling Circa 15k with very little problem (and I am in fact reducing my debt levels each month). I also read that Lowells routinely removed the entry completely from credit files on full payment. Their letter to may certainly didn't say that, so is this true, or am I going to have to fight to get it removed.

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

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

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

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

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

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

I 'm overdue a large refund from travel agent.I have sent emails(they responded to 1 email assuring of refund) and made several phone calls.It has been 3 months Given this is a unreasonable time i now wish to pursue thru small claims court. Do i still have to send them letter by recorded delivery giving them a 10 day limit?

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'm the claimant with a small claim against a 2 defendants (husband and wife). Currently have a hearing date set for Jan 2014,and the mediation service are currently trying to see if the defendants will agree to mediation. I have reason to believe that the husband has left his wife and is not longer at their address. Was wondering where I stand with him no longer being at the address? What do I do with the documents I have to give to all parties 14 days before the hearing (obviously the wife will still get hers as she is still at the address). Is it his duty to inform the court that he is no longer at the address? What will happen if he does not show up for the hearing? Many thanks for ay advice

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.

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!!!

In the “Sticky” section you will see that I have provided a new Sticky entitled: A Guide to Bringing and Defending a Small Claim in the County Court. In you have a dispute regarding fees charged, it is simply astonishing the number of websites offering to assist debtors in “reclaiming” fees. With the majority of debtors having never been in court, it can be very tempting to accept such services but a word of warning.....anyone tempted to use such services should first make sure that they look at the small print on the site as they will very likely discover that such firms are really offering to “reclaim” bailiff fees on what is commonly called a “no win, no fee” basis, the proper name for which is “Conditional Fee Agreement” It is very important to be aware that this does not mean that you will not pay anything !!! I will provide further details shortly. Alternative there are also many websites which worryingly "encourage" debtors to issue claims against bailiff companies and even offering for a fee to "assist" the claimant with completing an N1 Claim Form on their behalf !! Sadly in order to encourage debtors to use their service it is common to see such sites making claims that: “Costs cannot be passed onto the litigant in the Small Claims if you loses” Or even: “If you lose in court will will only lose the fee of the summons and you will never ever pay the other persons costs ” Unfortunately, neither of these statements is true and claimants should be aware that if they bring a small claim and are unsuccessful, or as a defendant in a small claim you put the other side to huge trouble and then lose, the court has a discretion to make an order for you to pay the costs that the other side has incurred if you have acted unreasonably. This is confirmed by the Civil Justice Council. If you are considering issuing an N1 Small Claim to recover bailiff fees then please visit the new Sticky here: http://www.consumeractiongroup.co.uk/forum/showthread.php?403670-A-Guide-to-Bringing-and-Defending-a-Small-Claim-in-the-County-Court(1-Viewing)-nbsp

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

I hope someone can help. In February I hired a vehicle that broke down. An engineer came out, said the car had no oil and then took myself to another vehicle to continue my journey. Aprroximately a month later I had an e-mail asking me what I hit as the company had to make an insurance claim. Within three minutes I had replied saying I had hit nothing. The car had stopped. Two weeks later I recieved a letter from the company saying I had driven the vehicle with no oil and as such I was liable for a new engine and enclosed a letter they said they had sent me on the 15th February (I did not receive it and deny any blame). Since then I have asked repeatedly for the evidence to substantiate the claim with no luck. All the company have done is take out small claims court action against me. The case now is nine days away and up to this point (despite letters requesting the evidence to allow for a compromise to be met) they have provided nothing. I have provided statements to the company and the court but have got nothing from the claiments and I am a bit lost on what to do. Should I look to have the matter struck out due to abuse of process, say nothing and make representations to the judge. ANy ideas?

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 brought a ‘new-other’ Reebok treadmill from a small business via eBay (buy it now, not auction) on 15 August 2012 for £260 plus £48 delivery. When the treadmill arrived, the belt was half off and my brother in law had a friend called out to help him put it back on again (which subsequently cost me £50). I contacted the seller and told them what had happened and that I had to pay someone to put the belt on and after months of chasing, had the £40 reimbursed. In November 2012 I contacted the seller again regarding an issue with the wheels, and that if the problem couldn’t be resolved; I intended to return the product. They responded saying that the year’s guarantee I got with the product was no longer applicable as someone had put the belt back on! Which is rubbish because I still have my statutory rights. Since August, I have used the treadmill twice for around 15 minutes each time (what I waste, I know!) and my brother in law took it to his house on 23/02/2013 to get some use from it. He phoned me in the evening saying that the treadmill is completely useless and that the motor is out of alignment which is subsequently causing the belt to come off. As a result it is burning the rubber which is obviously very dangerous. It appears as though this has been the fault from the very start. I have since applied to take the seller to a small claims court and I'm confident based on the time span that is reasonable for such a product and that it is not fit for purpose, I will be successful. The help I need is an example of a case where a buyer has successfully taken a seller to court following the sale of faulty goods and failure to consider the buyers statutory rights. I have snippets from the Sale of Goods Act 1979 but what I really require is a real life example of this scenario. I would be most grateful for any comments regarding this matter. Many thanks - Nje