Hi - I hope someone can give me a bit of advice. My daughter, who recently split with her ex, got into a fracas with him and he is accusing her of robbery i.e. taking his mobile phone. Laughable, considering he stole her phone, run up £100 debt on it and also left her thousands of pound in credit card debt (in another thread). Police don't want to know about that part. Anyway, because of the tussle, they have decided to charge her with robbery contrary to section 8(1) of the Theft Act 1968 and she is due to go to court in November 2016. She suffers from depression and anxiety, both of which are currently being treated, no previous offences and definitely not known to police in any regard. She is also unemployed and has no income presently whilst Universal Credit is being sorted out (first payment date will be around November 18th). My questions are: 1. Will she be able to get any legal representation? 2. Can she gain access to any witness statements prior to court date - this is the most relevant question because she is thinking of just pleading guilty so the judge is more lenient. The anxiety this is causing her could literally be the straw that breaks the camel's back, so the thought of it going to trial is killing her. I'm loathe for her to plead guilty due to the impact on future jobs/credit etc. We think the witness is contrived and therefore my daughter feels there's no point in standing in court saying she's not guilty when the odds are stacked against her. Unfortunately, she doesn't have a witness of her own. I would be really grateful for anyone's thoughts on this and hopefully point us in the right direction for further help. Thank you

I'm on the wrong end of a county court case that has been total chaos. I never got the original application. I had moved (this was about possession, originally, but was settled and I moved out) the landlord had the papers sent to my old house, and didn't use my forwarding address. Eventually I found out about it and managed to get a copy of the application from the court a couple of days before the hearing. I got a "response" in but because it was late the judge didn't have it and it got adjourned and I got told to pay costs. I went to the PSU, asked court staff, went to CAB, asked about legal aid. Noone seems to be able to help. We had another hearing just recently, 3 days before the hearing the court told me they had no record of my original response. I sent another copy by fax and another by email to the court. They never acknowledged it. I called them back and all the court said was "anything you have sent will be provided to the judge". When I said I was worried as they could not specifically identify my response (while they could identify other things I had sent) they got stroppy with me. At hearing, I checked and the judge said he had got something from the date or the original response, which I took to mean he had received it. during the hearing he didn't seem aware of anything I had said in it and I when I tried to refer specifically to one thing I had to give him a copy of it. He found against me, taking my deposit away, in giving his judgment he said a number of things which lead me to believe he had not, in fact, seen any of my evidence. He said some things that are contradicted by the evidence I provided. The only evidence he referenced, at all, was that provided in the original application (by the other side). I don't know if the judge ever got my defence, or if he did, if it was complete, or whether he read it. I just learned (on CAG) about a thing called an Allocation questionnaire? I never got one of those. I I don't know what "track" this was allocated to. I didn't get a notice of hearing for the most recent hearing. I never got a copy of the orders made at the first hearing. It goes on... I'm a litigant in person. I have nothing left and am single parenting a disabled child on benefits while trying to find work (and fighting the council to get my child into school). I'm looking after my mum with Alzheimer's. I desperately need help. I tried to get the other side to mediate but they ignored me. At the end of the day, I can let the main matter go (that would be morally wrong, but I can live without it). The problem is the costs. I can't pay any costs, that will bankrupt me. I need to appeal. I have lost a week trying to get help from the CAB but I don't know where to start. I want to try to get pro bono help but I need to be referred to that? Anyone who has any advice on this, or knows where we can get real help...

I have a few queries that I hope people can help with 1) Can a party ask for Additional Information - if a Claim has not yet been allocated to a Track. Can a Court allow Additional Information - if claim not allocated? 2) If other case management issues are held the same time as a Strike Out application wouldn't that prejudice the Strike Out? 3) How long after the Directions Questionnaire should Allocation take place? 4) In Discrimination cases are Assessors needed for a Strike Out - as this could be Final Hearing. Thanks.

Hi, I am an employee on a Zero Hours contract. I work with Mr. X and had to take him to court and won the judgement. The 14 days deadline has passed and he is yet to make payment. I have a question about how to approach the working environment with Mr X who I took to court and was awarded the judgement which hasn't been paid. The case took two years to go to court during which time I had to endure being harassed at work. Before the court case, I sought Mediation to avoid court action and complain about being harassed. The meeting was held by my line Manager at work who chaired an impartial meeting with Mr. X. Following this meeting Mr. X went to H.R. and then another meeting was held and I was advised / warned to only engage in work related discussions with him going forward. The entire Management Team support him (apart from my line Manager who's hands are tied). Therefore I cannot follow the standard grievance procedure in the staff handbook (i.e. speaking to Management first). We still work together and I haven't seen him since the court case but will do tomorrow. He is discussing the case with colleagues at work and stating the 14 days given to pay doesn't matter as long as he pays within 30 days, he can get the CCJ taken off his record as if it never happened. I am concerned that Mr. X may approach me at work regarding the case. Where do I stand legally? I have contacted ACAS and understand about my rights to work in a safe environment (mentally and physically). If he approaches me at work to discuss the case, would I be considered reasonable to advise him to send me a recorded delivery letter for any further discussions regarding payment arrangements? If I have to make the payment to go back to court to make him pay will the Judge see my behaviour as unreasonable and that I am supposed to talk to Mr. X on his terms? Any advice would be appreciated.

Hi, I got promoted last Oct to new position and reporting to senior vise president (SVP) of the company, he retired in Feb, and when new SVP came in he told me he doesn't have a role for me...after being uncertain of what is going to happen to me, I was told by HR and SVP that I have to go back to the department I was promoted from and report to a manager who is lot lower in the company structure. no salary cut and a very small change in my job description.. I was very upset and unhappy about this and felt completely embarrassed and to me it feels like demotion. when I went to HR and asked if I can do another job for a while till I get my head around it..and whether there is another option i was told. i have no choice but to report to this guy... this has made me very depress and i cannot simply cope with this. do i have a case to ask for redundancy? is it legal what they have done to me?? thank you for the help

Vehicle Control Services issued a non- display of ticket 2 years ago by the evidence on an ANPR camera they then left it 14 months to start demanding money through the usual DRP/ZENITH and finally the bottom of the barrel B W Legal. They issued court proceedings when I refused to communicate with them as they had in my opinion broken data protection regulations in contacting me by telephone warning me what costs I could expect if going to court. I made the mistake of trying to fill in the court form online but on making a counter claim for intimidation the plea did not get entered so I received a court judgement in my absence. I applied to have the case set aside which I had found in my favour the judge was well in her words displeased with the conduct of B W Legal using unsolicited telephone calls to persuade people to pay up. I got a disapproval for not disclosing that I had in my possession the parking ticket, but in my defence I said that I was charged with not displaying and not non- payment. No costs were awarded to either party. I am now providing the court with the details of my case in case B W Legal wishes to continue the case or drop it (i expect they will drop it now they know I still have the ticket). The main issue I have is that they should not be issuing parking notices on the evidence of ANPR cameras only I asked for photographic evidence in the beginning but heard nothing I think they left it 14 months hoping I would not have the evidence to prove them wrong. Does anyone have an opinion on winning a case and maybe setting a legal precedent that ANPR cameras can't be used for evidence of not displaying a valid ticket without photographs for proof. This in my case shows that ANPR'S are flawed.

Currently in the active section of the Supreme Court is a case regarding the use of the wheelchair area on public transport in this case buses. See this link for the case >> http://www.bailii.org/ew/cases/EWCA/Civ/2014/1573.html Short link >> http://preview.tinyurl.com/hjjhjyn Lord Justice Lewison : Introduction This appeal has attracted some public interest, so it is important to be clear about the issue. It is not about whether non-wheelchair users should move out of the wheelchair space on a bus in order to accommodate a passenger in a wheelchair. Of course they should if that is possible. Nor is it about whether mothers standing in the wheelchair space with a child in a folding buggy should fold their buggies in order to make way for a wheelchair user. Of course they should if that is possible. Non-wheelchair users, unlike wheelchair users, will normally have a choice about which part of the bus to sit or stand in. Common decency and respect for wheelchair users should mean that other passengers make way for them. What is at issue is whether the bus company must have a policy to compel all other passengers to vacate the wheelchair space irrespective of the reason why they are in it, on pain of being made to leave the bus if they do not, leaving no discretion to the driver. For the reasons that follow I have concluded that that is a step too far.

Hi there everyone, I have my friend that worked for the last 15 years within the same company. He transferred himself from one site to another as he moved home but under the same Optician company. Anyway 2 months ago there was a new Manager taking over and the problems started. 1. He asked the new Manager to leave 1 hour early from work 2 days ago as he had a problem at home to sort out but he did ask the Manager 5 days before. The Manager did leave a note to close the shop at 16.30 but he did request that he needed to be out of the shop before 16.00. To mention that the shop closes at 17.30 every day. Anyway as he did not see him at all anymore since the day he asked and being left alone in the shop (Optician - high street) for many days which I believe it is against the law, he is now faced with a big disappointment almost every day - and it does sound to me that it is Constructive dismissal case as he received a letter from new Manager saying that as he left the shop at 15.45 the day he asked for he has to sign a letter written without any legal merit that he has failed to tell the Manager - which is totally a lie. 2. He asked and booked before (7 months in advance precisely) the new Manager arrived for holiday but the Manager says that he does not agree with it. 3. The Manager said that any employer is not allowed to toilet break....what kind of sick person is that to say that??? 4. Also the Manager said that my friend has to stay every day after 17.30 when the shop is closed but as he has family he has to be at home as soon as he finishes. Also there is no extra pay for any extra hours as well 5. The Manager does not like my friend at all as everything he has to say he is cut from any reply or opinion by the Manager. 6. Manager said that he is cutting from salary for any 15 minutes being late at work. What do you think about all this??? Does he have a Case here??? And if so what and how shall he start? He did say that he wants to give his Notice but I did mention that once he does it he can not do anything else after. Is it ok to give his Notice following the Constructive dismissal that Manager is bumping into him or he can do anything once he is still there. Maybe an employment tribunal??? Thank you, dd

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.

Hello, I have been on this site before back in 2013. You me with my ESA Tribunal and I won for Depression & Anxiety (plus some mobility issues i was starting to have.) I was diagnosed by my doctor last month of having Fibromyalgia and rang the DWP to report my worsened condition with the doctors diagnosis. The chap explained I was due a review anyway and to wait for the form. With my tribunal notes beside me, it has just took me 2 weeks to finally complete my ESA50 form and getting things to send, I have posted it all up here. Can someone please advise me if this is ok? Thank you. I am hoping to skip medical and tribunal number 2. I know I am only hoping. Thank you. PLEASE REFER TO ATTACHMENTS FOR ESA FORM ... can only upload 5 at a time see other uploads please, thankyou THEN THE SEPERATE SHEETS IS COPIED AND PASTED BELOW (INC MY COVER LETTER) --------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------- Please find enclosed my esa50 form. I spoke to xxxx from your xxxx branch on xx and i had explained to him my case has worsened. He told me that xx i was due a 3 yearly review anyway and to expect a form in the next few weeks and to just wait till it comes. Then to complete this form with all my new worsened symptoms and send it back to you. I had a tribunal on xx for depression, anxiety and problems with my mobility and was awarded over 20 points. I still have depression and anxiety but my mobility has worsened and i have also developed other symptoms on top of the above. I recently been diagnosed with fibromyalgia, which understandably causes me many problems, some of which are outlined in the form. As with fibromyalgia, there are so many different symptoms, i could never write down all that impacts my life. --------------------------------------------------------------------------------------------------------------- continued sheet, page 1 - xxxxxx – nino question 2 (page 8) … i am constantly in pain & constantly fidgeting to try & ease my pain & uncomfortableness, on the rare occasion if i do find a comfortable spot, it doesn't take long for that to start hurting too so i have to move again. Depending on my day, i can sit for 10mins (bad day) - 1hr (good day). However even sitting down tires me & proving to become very troublesome lately., i have to lay & nap frequently. I am never pain free. Even in bed i hurt and toss and turn alot. Tasks wise, what used to take me a hour to do, takes me all day now & even in that day i may not finish it. For example. When cleaning, we have a small long living room, when hoovering i can barely stand to throw the hoover round, i have weak limbs & become hot & exhausted instantly, i have to sit on the sofa, chairs & computer chair (with wheels.) For the majority time to hoover the floor. The maximum times i have had to stop while doing the hoovering is 3 times. I cannot stand for more than a couple mins hoovering without being in agony. I just feel too heavy, like the feel of concrete & gravity is dragging me down , my limbs feel very weak & stiff to be able to move around like i used to be able to years ago . When i tidy my room, it takes me 2-3 weeks because i have to nap alot & the feeling of after 5 minutes of sorting things , it feels like i have ran a marathon & drop with exhaustion & pain. When i am in the kitchen washing up, i have to sit on my mum & dads computer chair. Depending on the volume of the washing up. Will depend if i have to rest throughout. Normally washing up 1 bowl worth is my maximum limit & would have to rest about a hour before doing another bowl. My dad does my shopping for me, because i can not stand long enough or do it. Question 11 (page 13) always asking mum how to do the oven. She got fed up with me when i was doing it wrong. We have had rows where i am adament what i am doing is correct. She says i remember the layout of our old machines!! (same with the washing machine.) We have a diagram with instructions for how to use them. I still make mistakes because i forgot to refer to the instructions sometimes. Now i am not confident anymore & my mum thinks i mishear things & that i believe i know, but i don't. I remember her telling me certain ways which i now see & i believe are the correct way s but she says she never said it & it is causing big arguements between us. I upset her & she is ill too. As she is housebound she watches me all the time. I feel incapable, a let down & a failure. ….. Continued sheet, page 2 - xxxxxx – nino question 13 (page 13) by time i wake i am never refreshed & already feel extremely shattered, getting up & get dressed is such a chore, it alone feels like i have already been to work for 3 days, went shopping, done a thousand things or not had sleep for 3 days. Not long after being awake, because of my chronic fatigue, i am ready to go back to bed again due to being exhausted just after 1-2 hrs of being up!!! My limit is 4 hours awake. Seriously, i feel my next step is my coffin. I can not manage!! I write lists day before to try to cope. It is hard for me to concentrate, if people interfere & talk to me while i am trying to concentrate, i snap & feel resentment towards them, i want things done to how my head thinks, right now. Or i go into melt down in my head question 14 (page 14) if i am on my own & have noone to calm me down, any change from my plans that i have pre arranged, normally a day or two before, mean my anxiety freaks me out, finding new times makes me aggitated & uncomfortable. Especially with the case of waiting when i hurt & ache, the overwhelming feeling causes me to cry with anger & frustration. I can not cope with change, i know i over think, overload & feel its all too much, i do not know how to make this better as it is in my head. I hate it. Question 15 (page 14) i always have to be with someone. If i didnt have my boyfriend i would be stuck indoors. He is so understanding & patient with me. He's got a portaloo in his vechicle so he can take me on small trips out. I can't move well so rely on him massively. I would not go out alone with my problems & i would not be able to cope. I only see him at weekends. I rarely go out in the week unless it is with my brother or a family friend in their car. (this is only for appointments with my doctor, which they will try to get excused from work for.) As i cannot go out, i have to rely on others, for example. My dad will do my shopping for me. I have not boarded a bus in over a year. Prior to this, with my anxiety & depression & fear of my violent ex, i could only get buses that were convienent to my home, short journeys & dropped me to the exact destination with the return journey being the same. Since my ibs was getting worse (& my soiling episode), it was absolutely crucial that this stayed the same; except the journey has to be kept even shorter & that there was loos on site. For example; my doctors surgery. ….. Continued sheet, page 3 - xxxxxx – nino question 17 (page 15) i had a friend who used to wind me up. Although the issues may have been small to them, but to me they were massive nad made me very angry. I would throw things at them, break belongings & not feel guilty because they hurt me first. I blame these episodes on my lack of patience & anger & the need to protect myself ever from being vunerable again like i was in 2010. I had to delete this person from my life. I know i do still have these angry thoughts & sometimes before i attack someone, i can recognise this and stop myself by taking myself away from the situation immedidately. It takes me days to get over my anger, stress & get calm again. If i can not exit in time, or if someone pushes me too far, i can hit boiling point & see red. I can become a nasty person but i can not stop, however hard i try. If people treat me well, i am ok. My mum recalls times i have gone off at her & remembers a couple of times that she had said something & i have snapped at her in a rude way. This makes her become quiet. She says i am the same to my boyfriend & she knows i do not mean to do it, but it is still hurtful. She adds that she honestly does not understand why my boyfriend stays with me, because if it was her, she would be long gone, regardless of what is wrong with me. Saying it is really like i am still the jekell & hyde character i was after moving back home in 2010. It has not improved. She says i am a “ratty bitch” & is very suprised people have not told me “to do one”. My mum knows that unfortunately because of my anger issues, i can not get help for, she gets the brunt of it. However, she does know i have a lovely side to me, she just misses her. --------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------- I have also included my doctors letter to them, the list of my doctors problems print out, and my online repeat prescription form, i will send all this is, it is ok? can you see any errors? or anything i should add? Next set of uploads of esa form and docs stuff i have Last set of uploads of esa form and docs stuff i have You may want to remove your name and NINO for security reasons. ESA Claim - RC.pdf

Can anyone tell me what a DC means when they want to drop the case but ask if I'm willing to agree to a no costs settlement? I always denied the disputed debt and complained to them for putting entries on my credit file, the O/C never did it.

Hello, I'm currently a student from abroad looking for some help here. 2 months ago, I decide to sign up at Trilogy under Student membership (£19.95/month + £20.00 membership fee). However, realising that I got difficulties to get to the gym (No driving license + Bus is only option) and my research/study schedule was quite full at that time, I canceled that registration within 14 days as they said it would be free. I went the bank, asked them to cancel my Direct Debit assumed that would be the end. After 2 months without any letter/information, today I've got a letter from Harlands said that I need to pay them £89.95 and I am required to contact them at 01444 449166 for further information. I called immediately, but no response; few more times and still zero. I have read few topics about Harlands case, I realize that most of you would advise me to ignore Harlands. However, Im still worry about if I have any legal obligation of if Harlands could take me into the courts or something like that. It would heavily affect my study at the moment. Best regards, Steve

Hi, After a full house renovation (including a loft conversion, new heating and hot water system) that has taken many months, my family and I moved back in just before the Easter Bank holiday. Unfortunately there is a major a problem. When I turn on the kitchen sink tap it takes over 3minutes before the water becomes hot enough to wash the dishes. In that time I have filled large kitchen sink which I have to drain away and refill with hot water. I now use the kettle to heat the water to wash up. All of my taps are affected (I have 3 bathrooms and a WC room on the ground floor). I now bring a kettle up to wash my face and we all wash our hands in cold water after using the toilet. When we use the shower each day a lot of water as you can imagine is wasted. I e-mailed the builder to let him know about the problem and he said that nothing can be done and we had said no to his recommendation of having a circulating ring. We based our decision to not have the circulating ring on the information he presented to us and I don't believe the way he worded his response can be considered a recommendation. Before the renovation we waited around 20seconds for hot water for each tap in the house. Here is an extract of the e-mail exchange that took place last year before works begun - I have deleted sentences that relates to other building works and not relevant to the case. From: Date: Thursday, 23 July 2015 11:42 To: Cc: Subject: RE: Renovation Plans Hi As for the ring, I see. We will leave it then. Regards, From: Sent: 23 July 2015 11:11 To: Cc: Subject: Re: Renovation Plans For the ring minimum cost is £xxxx with no profit for it so can't do for xxx. As I said it's not really required. On 23 Jul 2015, at 10:39, > wrote: Hi As for the circulating ring, how low can you get this price down by? At £xxx it is too much just to have instant hot water but we would consider it if could be done for the region of £xxxx? What do you think? Thanks, From: Sent: 20 July 2015 19:59 To: Cc: Subject: Re: Renovation Plans 1. Boiler proposed is Vaillant EcoTec Plus 637 system boiler with 7 yr warranty. 2. Pressurised cylinder is everflo stainless 250L Indirect unvented hot water cylinder with 25 yr warranty. 3. All the heating system will be designed by us and BTU calculated for radiators. 4. In addition to hot water system after speaking to plumber today I should ask wether you required hot water circulating ring. This is not necessary required as is only for comfort. I have not quoted for it and should you require would be £xxx extra. Circulating ring sometimes useful if some clients wants instant hot water. It can be switched off or it also can be put on timer. To explain in short, when you open hot water tap in shower, hot water will start running in about 20-40 seconds depending on how far are they from the cylinder and how long time ago it was used. With circulating ring on hot water would appear in few seconds. Please let me know what you think. I have to mention this to avoid any doubts in future. (Note: Shower he is referring to is the shower in the loft en-suite because during a meeting he mentioned it would take longer to get hot water there due to the distance. We did not go with the ring in the end because due to unforeseen events we were significantly over budget and needed to make cuts to items that were considered luxury. From the information presented to us it appeared to us that we had a choice and we felt we could wait 20-40seconds for hot water. At no time were we told that the taps for the rest of the house would be affected). I would be grateful for your views and appreciate any advice. I have e-mailed the builder again but he is not responding now. Thanks!

Hi All I have gone through the usual of wrting to Thomas Cook and being denied. Have just sent the LBA off and have started work on the court bundle. Can anyone help me with the particulars of claim or does anyone have one they have used? It was a package holiday and everything was wrong. No Assistance on flights, Inbound transfers driven by madmen, Dirty rooms, faulty showers, no air con, high pressure sales, dirty pools, stinking restaurant the list goes on and on and on. also the money used to pay for the holiday was from a recently deceased family member. This meant that we felt even more upset then we would normally. Help Peeps!!!!!

Could someone please help me. I have drafted a very long defence, but would like to consider part 20 against Santander. please help defence due in 21/07/2015 4pm The is pertaining to an authorised overdraft disputed in 07/07/2008. Now Hoist have issued me with a claim

Last year I bought a property with a tenant that was entered into an auction. 5 Days prior to me exchanging contracts the vendor had a council letter with a council order to remedy hazard 1 and 2 deficiencies. All 15 of them including damp and re-wiring. He has withheld this from me and as a result 3 weeks after completion council contacted me as a new owner to carry out these repairs. Total cost up to now £8000. I have made a claim against a vendor for the cost of repairs based on the CPR 2008 regulations Misleading Omissions paragraph 6b as I would have never entered into a contract should I be aware of this. The vendor painted over the damp walls and made the property look nice so there was no way of knowing the hidden problems just by seeing it. My case was last month and the Judge stated that I had no legal standing with my claim and on the caveat emptor principle dismissed it. I was never allowed to present my case or ask the vendor any questions. The whole case was about 15 min long during which the Judge talked. The vendor was not asked even 1 question. To take this matter to court cost me £800 already and I feel I have been treated badly and did not get proper hearing. So I wonder how do CPR’s 2008 regulations protect buyers from cheating vendors? Also I feel that Judge failed to deal with all the issues that were put to him as per section 68(2) a and d of the Arbitration Act 1996. In fact he did not deal with any. I am considering an appeal any help/advice would be appreciated.

Hello everyone, From last 5 years I am in financial difficulties due to my work hours were reduced and I am unable to find a new job. I have in total 7500 in credit cards and overdraft. I have been paying everything on time inducing some charges to my bank for going over the limit etc and paid last month £45 charges to my bank. This month now they are going to charge me £95. Last month I contacted all my lenders and asked them for a reduce payment plan due to financial difficulties and they all agreed to it and accepted my plan. When 4 days ago I asked My bank Santander to freeze all charges and also do not charge me £95 this month as it would left me with no money for buying food and fuel for my driving job but they did not responded me at all. My charges are due on 14th and I am bit worried about it. What can I do to next? Please help Best regards, Epman

Hi I’m new to this forum so ‘hello’ & I’d be very grateful for any thoughts that people have. In summary I’m in dispute with a local Estate Agency. I allege that, in July 2014, employees of the agency caused £300 of damage to the bodywork of my car. Initially the agency did not respond to my complaints & requests for compensation. Eventually they contacted me by ‘phone to deny liability and refuse to put their position in writing. I referred the matter to The Property Ombudsman Service (TPOS) who was able to conclude that the agency had failed to respond properly to my complaints, but they were unable to conclude that the agency had caused the damage to my car based on the documentation I provided. At that stage the agency made me an offer (via TPOS) of £150 to settle all aspects of my complaints. To date I’ve not taken-up the offer because it doesn’t cover my losses. So I’m currently deciding what to do next. A few weeks ago I sent a carefully worded ‘Letter Before Action’. The Estate Agency replied (i.e. their first written response to me) to once again deny all liability for the damage caused to my car. They failed to refer to any of the specific points in my letter and simply defended themselves by way of a statement to say their staff are fully security-checked professionals who would never behave in ‘that way’. They also stated that the offer of £150 was purely in relation to their mishandling of my complaint. They also stated that my claim seemed opportunistic. They also stated that they’d be referring the matter to their solicitors. I was intending to make a claim against them which would hopefully proceed through the small claims process. I’ve discussed this course of action with TPOS and with legal advice/advisors via my Trades Union both of whom were broadly supportive based on the evidence I could provide. I’ve already drafted the claim form and was going to submit it last week but then I got cold feet and decided to check whether I’d done enough and got enough evidence to make my case as strong as possible in court. I’ve now used the permitted amount of legal advice I’m entitled to via my Trades Union so am now a bit stuck for further advice. Hence I’m making this post. So, my questions can be condensed thus... 1) Are there any other avenues that I should pursue before proceeding to make a formal claim/court action? I’ve tried to follow pre-action protocol by attempting to settle the matter directly with the defendants and attempted mediation via TPOS. The defendants have had plenty of time to respond fully. I’ve considered arbitration which it seems would be too expensive given the amount I’m claiming for (i.e. £300). The ADR specialists I’ve spoken to have suggested further mediation (at £100 +VAT for 2hrs) but the matter has already been mediated by TPOS without successful resolution and as far as I know I may be offered free mediation by the courts later in the small claims process (which I would happily participate in). I suspect we’re at an impasse that can only be broken by a judgement by someone with authority. 2) Is my case strong enough to present convincingly at a court hearing? I have photographs of the damage to my car. I have a reliable witness (who’s given a witness statement) who saw my car being manhandled roughly by 2 of the Estate Agency workers. The snag is that no one actually saw the damage being done – they’re simply able to say that they witnessed the car being treated in a way that could have definitely caused the damage. Also the Estate Agency have not admitted in writing that they touched my car (although they have done so verbally) – my fear is that in a court hearing they could simply deny ever having touched the car and then it’s the word of my witness against theirs. A bit more info. to put all this in context... I live in a house that’s been divided into flats. One of the flats is let to the aforementioned Estate Agent and they use it to house social tenants temporarily. Back in July 2014 the tenant in this flat was a hoarder who failed to pay his rent and was evicted by the Estate Agent. During the eviction all of the tenant’s hoarded possessions were placed on the driveway of the house alongside my car (which was untaxed, uninsured and SORN at the time). The Estate Agency hired a skip to clear–up the hoarded rubbish. I returned from work one evening to find that my locked car had been dragged from its position on the driveway and left on the side of the road. The skip had been left in its place. There had been no communication with me about this beforehand (although 2 days later one of the agency staff told me that they’d moved my car – I pointed-out the damage which he denied doing – accusing me of lying that it wasn’t there beforehand – I do have some blurry photos taken beforehand which show no signs of damage). So my car had been left untaxed & uninsured on the public road with £300 worth of new dents in the bodywork. I was fuming! I’ve received a fair amount of legal advice about the matter and essentially it seems that all my evidence is circumstantial and any ruling would be on the basis of probabilities. My witness is one of several neighbours in the street who saw my car being manually bounced, pushed & dragged across the road by 2 men working for the Estate Agent’s property management team (at one stage they asked him whether they could borrow a jack from him). I’ve been advised that the photos and the witness statement should be convincing enough for a magistrate. .. but recently I’ve been afraid that the Estate Agent is going to deny that their workers ever touched the car and I’ve actually got no written proof that they did. They’ve tried to blame it on the skip company but there’s no evidence to support this and surely if the skip company were working under the direction of the agency and the agency workers were present when the skip was put into position then the agency are still liable as it was their ‘project’? thanks for reading if you’ve got this far – any informed thoughts or constructive comments would be warmly welcomed! JulianS

Following the Rev. Nicholson case I am going to default on council tax and argue the costs of £75.00. http://www.bailii.org/ew/cases/EWHC/Admin/2015/1252.html I am going to challenge the validity of the costs being on the summons as the only amount that can be claimed is the outstanding sum. Application for liability order 34. (1) If an amount which has fallen due under regulation 23(3) or (4) is wholly or partly unpaid,or (in a case where a final notice is required under regulation 33) the amount stated in the final notice is wholly or partly unpaid at the expiry of the period of 7 days beginning with the day on which the notice was issued, the billing authority may, in accordance with paragraph (2), apply to a magistrates' court for an order against the person by whom it is payable. (2) The application is to be instituted by making complaint to a justice of the peace, and requesting the issue of a summons directed to that person to appear before the court to show why he has not paid the sum which is outstanding. The summons states the £75.00 is "Summons Costs". The issue fee is only £3.00

I was caught using my Dad's Freedom Pass end of November and it almost looks certain that TfL will prosecute me for doing so as they can probably build a strong case against me. Of course, I regret my actions and am hoping to find some assistance here to help minimise repercussions. Please have patience with me and read my story. I don't expect any sympathy as I know I am totally in the wrong, but I don't need any nasty unkind comments. So here is my story. [ The facts of the incident ] I beeped through the barriers and was called to the side by two undercover TfL officers, who requested that I show my ticket. Knowingly, that I used a fraudulent card, I produced a standard oyster card that I've not used for months. Of course they knew this wasn't the card I beeped in with. He checked the oyster and told me there was still credit on it, but hasn't been used or topped up for months. He asked me to produce the real card (Freedom Pass). I tried looking confused, but the officer wasn't going to be entertained and threatened that he would search me if I didn't cooperate. I handed over my Dad's Freedom pass and began to feel like distress coming on as the only thought running through my head was. .. 'the crap has finally hit the fan'. He told me he stopped me because abusing Freedom Passes was a high-risk target. He then goes on to take my details and ask a lot of questions and wrote it all down in his notebook. Most importantly... "Do you know that you've committed a serious offense?" - "I'm not really sure, I thought I could use it." "How did you obtain this card?" - "My dad wasn't using it and I thought I would borrow it." "How often have you used it?" - "I just started using it this week." "Today is Wed, so you've used it for a total of 3 days?" - "Yes, I guess so." "Are you sure? We can track the usage of the card and find out everything." - "Erm... Yes." "Where were you traveling from and where were you going?" - "I'm going home from work." After he finished asking me questions, he let me read through his notes to check if anything was different from what was said. I said it was fine. He then wanted me to sign and date it, but before doing so he said... "After I let you go, I want you to know that I am only giving you a caution. After you sign this, I will file a report and you will receive a letter about the event that has occurred. You do not have to say anything, but it may harm your defence. Anything you do say may be given in evidence, etc... Do you understand what I have just said to you?" Trying to get a moment to think about the situation, I asked him to repeat as I was under the feeling of duress I suppose. I answered "YES" and signed his notepad. He told me to exit the gates by one of the staff and I re-enter with the other oyster card as there was sufficient credit. [ Unsaid truths ] Obviously, I didn't have a clear head, being under pressure and scared... so I wasn't entirely truthful. When he asked how often I had used the card, I was thinking to lie in the hope that it wouldn't turn out more serious than I thought it surely would. I had thought that I hadn't been stopped before as I normally come and go at peak times when it's very busy (Piccadilly circus), so it would be difficult to go through all the CCTV and check who used the card. I stupidly thought it plausible that my Dad could have been using it up till the time I "said" I had started using it. In actual fact, I had been using it for 3 months(!) - yes, shame on me! There will obviously be a pattern for the last 3 months traveling between home and work. In a panic, I started reading up on cases on various forums (including CAG). I read somewhere that when an officer conducts an interview for facts, the statement of Right to Silence must be cited before the interview starts. * If the officer only did this at the end, like I mentioned... what bearing does that have on my case? [ Received a letter from TfL asking me to comment on the event ] So I received the standard letter and having read a few cases, it was advised to just grovel and beg for mercy... so I replied as follows: [[ Dear Sir/Madam, I would like to start by saying that I deeply regret my actions, which were completely out of character and as a result of stupidity. I had actually lost my oyster card that I normally use over the weekend. In the rush of leaving for work in the morning and without clearing thinking of the consequences, I foolishly picked up my father’s Freedom Pass in addition to a spare one I found lying around. I simply thought to use the Freedom pass temporarily until I’d gotten paid so I could buy a new monthly travelcard. I was not aware that it is a criminal offence to use someone else’s Freedom pass. I know now, there is no excuse or valid reason for using someone else’s pass and am deeply sorry for not travelling on public transport without a valid ticket. The whole situation has left me quite distraught and I would appreciate the opportunity to settle the matter without court proceedings to avoid even further stress, wasting everyone’s time and resources, and incurring further costs. I completely accept that I am in the wrong. This is my first offence and will certainly be the last! It is not a mistake I will ever be repeating. I humbly ask that you give me the opportunity to compensate TFL for reasonable costs/fine/fare in order to conclude the matter promptly. I am currently engaged to my fiance overseas, and would like to invite her over to get married on a visitor visa. I fear that any legal prosecution would greatly reduce our chances of getting accepted for the visa. ]] [ Reply from TfL ] TRAVEL IRREGULARITY Thank you for responding to our enquiry letter, your comments will be taken into consideration when reviewing this case. Please note it is the responsibility of a passenger to ensure they have a valid ticket... After examining the journey history obtained from the freedom pass, it is apparent that this was not a 'one off' incident. It is suspected that you have made more than 80 journeys, avoiding fares of over £400, this we see as an aggravating feature in your case. I must point out that legal proceedings may still be taken against you. Please do not hesitate to contact me if I can assist you further. [ End of letter ] I've almost lost all hope of being able to settle out of court. To only thing I can think of is to try to appeal to the humanity of the investigating officer with my mitigating circumstances. I know I'm not angel, but I like to think I'm a fairly decent human being. I pay my taxes, had my fair share of hardships and could really do without this hanging over my head. To try and put across my frame of mind at the time, here is my personal story... [ Circumstances ] I quit my job as an IT professional about 2 years ago. Went to pursue a relationship and take a break from work, and do some traveling. Relationship didn't work out and it's 6 months since I've been working. Feeling really down, and a million miles from home in the country I was born, I visited distant relatives for a little support. I met someone through introduction and we hit it off so I was able to get over my last failed relationship. We are now engaged and are planning a future together. I've been living off my savings for almost 2 years. I was practically living, counting the pennies for the 6 months I had been back in UK and looking for work. It is quite difficult getting back into things after such a long break. I chose not to go on Job Seeker allowance which is a particular drain on taxes. I grit my teeth hoping that I'd find a job any day. So up til this incident, I've been working in a new job for 3 months. Slowly trying to save money to be able to bring my other half here so we can be married and start a life together. Right about the time I just started my job, my Dad offers to let me use his freedom pass!!! Oh how I wish right now he didn't tempt me... I had always paid my travel costs as any good citizen would. He argued that it would help save costs and aid in my efforts to bring my other half over (requiring financial support). My Dad has no clue of legal stuff so didn't know the complications in their entirety when giving me his freedom pass. I knew it wasn't right to use it, but thought to myself - "How bad could it be? A slap on the wrist, a fine, and repay the cost of travels that I evaded. " I had no clue whatsoever, that it could result in a criminal offense and would certainly refused his offer had I known. I've not seen my other half for almost a year and it's quite difficult on us both. This is really the last thing I need in the world and certainly won't reflect well, when applying for a VISA for other half to come here as I would have to sponsor and be financially accountable for. I am trying desperately to build a good supporting case for VISA approval. [ and closing... ] Thank you for reading my story and I hope some of you may be able to offer some guidance on what to do next. I am dreading the day I get a court summons...

Hello All, I'm looking for some advice, if possible In 2012 my wife and I were given a gift of £5000 by a friend who owned his own successful business after he found out we were in some financial difficulty. We refused the gift which he paid straight into our account, but he was adamant that it would be taken out on his company account and it would be written off. We didn't know if this was true or not but the money was gift with no strings attached. A few days later he called us to say he needed the money back as his accountant advised him that he was incorrect and the company could not write it off. We couldn't pay him back as the money was used to pay a credit card off. Being nice people that we are and seeing that he was in some distress about the situation (along with us now being in a position of having to pay back £5000 immediately) we approached our parents for the money and explained why, but they couldn't help - in their view it was gift which he decided to give us and got it wrong with his company accounts - why should they be put in a position of paying £5K. We told the friend we would get a loan or credit card to get it back to him but he told us to forget about it, it was his mistake and he would sort it out. 2 years later he contacted us wanting the money back. Again being nice people we said we would try to pay it back to help him, but it was not financially viable for us at that time and would need to look at the possibility of a monthly payment later in the year. That time has come and gone now, our circumstances haven't changed - we cant afford to help get the money back to him and he has taken legal advice - the solicitor told him to mediate the situation with two options 1. a monthly payment of £100 or 2. a one off payment of £4000 (£1000 less than the gift amount - which seems strange to me). It was personal letter from him, not from the solicitor. He has texts from my wife discussing how we could try and help get him the money back ie we would see how our circumstance were early next year and pay £100 a month - this was our good nature trying to help him resolve his mistake with his accounts. But he is taking it out of context and saying it was a loan which we agreed to which he is saying he can prove by using the text from my wife. He has no texts from us or contract in place with us saying it is a loan and will be paid back monthly etc etc. He is using the texts against us now, they were written in good faith to try and help him out when we could and we're fearful of our what position is now and what may happen if its goes further. Can anyone shed some light on what our best course of action is. His personal letter demands a reply by the end of the month, choosing and payment option or confirming we will not pay, at which point he will take it further. Thank you in advance for taking the time to read.

(Hearing this Monday)I have just discovered a document that I consider to be admiissible evidence.This was not in the Bundle supplied by the respondent.If possible I want to put it forward.Is their a process to follow,to enable the document to be viewed and used as evidence?

What are the positives and negatives of the respondent conceding this issue prior to hearing?

The following report has been issued today by Citizen's Advice: https://www.citizensadvice.org.uk/Global/CitizensAdvice/Debt%20and%20Money%20Publications/Thestateofdebtcollection.pdf

Hi All, This is for a friend. My friend was running her own business. Her telecoms providers were chess telecom. At some point Chess rang the business and spoke to a member of staff and sold the member of staff a new contract for the telephone services including broadband. They then entered another 2 new contracts with same member of staff all the time extending the term of the contract. They never contacted the account holder at any point to advise or welcome to new contract etc. In Feb 2014 my friend sells the business and contacts all suppliers advising of notice and asking for final accounts etc. Chess do not respond. Needless to say Chess then stopped receiving payments. They then after a few month write to the member of staff who took out the contracts. I have heard the recordings of the contracts and the member of staff does say that he is the owner of the business. After letters back and fothr they sue the member of staff and take him to court. He convinces the court that he took out the new contracts for his employer. Despite the employer knowing nothing of it. The court dismiss the case and chess leave with nothing. Now chess start chasing my friend the employer. As far as she is concearned the only contract that existed was one she signed physically with a sales agent about 2 years prior. Chess are threatening to sue her for £2200 in termination fees. They are using the contracts agreed to by the employee ( in which he said he was the sole trader ) as reason to sue her for leaving a 2 year contract early. A contract of which she had no knowledge. Chess are refusing to send to an Alternative Dispute Service as the case has already been to court albeit in a different name. This is a really messy case. Chess have increased the monthly charge without notice which in my opinion under ofcoms rules forms a material detriment so even if she were liable she should have had an exit option on these contracts. She had 2 phone lines at £10.89PCM and broadband at £38.99 PCM they have billed her as termination fees £60 PCM for the broadband and £20 PCM for the phone lines. She has tried contacting company directors and they simply ignore her letters. Apologies for the long post any advise would be greatly appreciated