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  1. Hi guys im new here , i signed up because im being threatened to be taken to a small claims court. A long story short 1 or 2 years ago i met a guy on gumtree (that had bought a computer off me) and he had asked whether i could supply him with a large amount of computer components, me being not being mature and silly i accepted this and we talked over email for a bit to confirm details. After that he had transferred over £70k into my bank and what we agreed is that i give him a certain amount of computer components each week which i did for several months until the guy supplying me with the cheap components stole a large sum of cash from me which was so stupid of me. i was left with £25k left and £40k worth of components left to give him. I got scared at this time i lost communication with my customer and pretended it didn't exist. at the time i was doing GCSEs and wanted to focus on the exams at the time. after the exams i had gained enough confidence to contact him and explain what had happened he agreed that i could just give the rest of his money back by paying £2.5k a week, what i did was i put the money into crypto trading and i spent hours upon hours on the trading site and most cases only getting a couple hours sleep but i was making just enough for the £2.5k a week i continued paying him off for a few months until my trading account got hacked and all my money was stolen (i did file a police report to action fraud but nothing happened) and the website owners said they could not do anything. The customer asked what had happened to the payments after i had not made that weeks payment i panicked and blocked his email address and all was good for 6 months im doing a-levels atm (physics,chemistry and computer science). I was really enjoying life without the stress. Recently i got an email from his brothers email stating that i had owed £12k and that i can pay it now or pay £14k in small claims court . I am more than willing to pay this off and had no intention of taking his money but tbh i was scared out my mind. the problem is i am a 17 full time student doing really hard a-levels that require my full time and i currently dont have a job and have like £30 in my bank. i dont have many possessions as i had sold most of it to make my final £2.5k payment. i have a average computer, an iphone 5c and a good pair of headphones . I am just asking for what i should do in my position as i did some research and i read something about how you cant make a claim against a child and how you cant make a claim above £10k is this true if not how would i go about this as im not going to lie i have no clue on what to do. I would greatly appreciate any advice with this. Many thanks in advance.
  2. Hi, new user here but long time browser. I am after some advice on a situation I am currently involved in... On 30/04/2018, I was driving home with my wife and 22 month child in my 2016 Audi A4 which has done 19,500 on the clock. Whilst driving, I lose control as if I had burst my tyre and upon regaining control and parking, I inspect the car to find the front passenger wishbone snapped off. The car was towed back to Audi in Coventry to be inspected and I was informed that I must have hit something as there was under tray damage as well as to the gear box liner. The issue is that on 18/04/2018 I took the car to Listers Audi Solihull for its service and health check. Audi actually record any issues in a video called Audi Cam which they provide to customers. Within said footage, you can actually see the thumbnail sized dent in the wishbone where the fracture and eventual crack occurred. I have provided images of the video still that shows the dent; the technicians hand is mere inches away from the dent yet he failed to inform me resulting in the car being driven for under two weeks for it to eventually fail. I have also attached the image of the wishbone snapped. My view is that the technician should have informed me of the dent as the wishbone is a vital part that undergoes stresses and any damage especially one that was visible would affect the performance of the wishbone causing it to eventually fail. The Listers Audi service manager stated in regards to the this "We carry out a vehicle inspection on all cars that we work on in the workshop, this inspection is part of our duty of care to our customers, and is an industry approved process. I have reviewed the inspection and Technicians report on your vehicle and I find that everything was done correctly. With specific regard to the suspension arm I can see that the indentation gives no suggestion that fatigue has taken place in the arm, therefore there is no reason the Technician, who has no knowledge of the vehicle history would suggest the arm be replaced. We could clearly see damage to the undertray and arch liner, but that is it. we were not aware that the vehicle has sustained a significant impact to the underside/suspension, and there was no mention of this on the Job Instruction from you. " I would have had no idea of any damage to the underside of the car as most do not have the equipment to lift the car spot high to inspect and I would argue that's why the car is taken in for a service in the first place. I contacted Audi UK for them to mediate however Listers would not budge to repair the car, therefore am looking to take this to small claims court. An independent assessor from The Institute of Automotive Engineer Assessors (IAEA) has also looked at the damage and confirmed the dent is the origin cause of the part to snap. His view is that it would be 50-50 for the court to award my claim which would be for my insurance excess of £650, The impact on my policy increasing due to the claim, expert fees and court fee to be awarded. I would be representing myself and the assessor would also attend. Do you guys think its worth pursuing through small claims court and any views of my chance on success would be most welcome. Thanks Yans
  3. Hi I'm new here but would like to ask has anybody taken Parcel2Go to small claims and won? My case is: I instructed P2G to pick up and deliver a very heavy 33kg Subwoofer speaker to my address without taking their extra insurance. Its was delivered a couple of day later with broken corners and a grill that was recessed into the unit. I'm taking them to SCC under section 54 of the consumers rights act 2015 holding them of negligence and in breach of contract by operforming reasonable care and skill in delivering this item. A last letter of action was sent and I'm now looking at a Notice of proposed allocation to the small claims Track which needs to be sent before 20 July. P2G have sent 12 pages defending the claim Any advise or help - Thanks
  4. I had a CC with RBS in the 2000s. I requested copies of the alleged agreement several times but to no avail. Last contact with RBS was in 2010 but confirmed to a DCA in 2014 that I had made several attempts to request copies of any such agreement and confirmed that no such evidence had been provided and for them to stop contacting me which they did. Then recently I receive a letter from another DCA stating the usual crap. I informed them any alleged debt is Stat Barred but they have written back stating it isnt stat barred. They allege the letter in 2014 was an acknowledgement of the debt but I have a copy and it certainly wasn't an acknowledgement of the debt merely confirmation that requests for alleged docs had been made. Anyone else had similar
  5. ive had a ticket from the same carpark and im being taken to court at the end of september, are you able to update as to how you got on and what defence you used? am i able to use your pictures? i parked at night time and was visiting Khans, didnt realise i would have to pay at 9pm, plus it was dark so missed the signs. im really hoping that at the very least i just pay the parking charge of £60 as now the charge is at £300 and i just think that is disgusting!
  6. Afternoon, Am wondering if you could look at this please - I sent a generic letter through "Which" website and got various replies from RBS - saying on some no PPI was included, others I had already claimed back but I got these 3 replies (Wife & I) rejecting our claim. Was wondering if worth pursuing with a SAR etc. I had to convert a pdf file to word so apologies for how it looks - have highlighted part I thought strange, I needed to have PPI for a minimum of 4 years on my mortgage. RBS PPI Rejection.doc
  7. I've got it in my head that I should take a local minicab firm to the small claims court. Some friends think I'm stupid, others think I should go for it. Perhaps someone on this forum can knock some sense into me? On the 30th July 2018 I called my local minicab firm and booked a cab for 4am the next morning (31st) to take my family to the airport for a holiday. I was told this would cost me £30.00. I live 25 minutes drive from the airport and the flight was scheduled for 0630. At 04.05hrs the next morning with no taxi present I called the cab firm. When the phone was eventually answered I was apologised to and assured that a taxi was on its way and would be with me between 10 and 15 minutes. At 04.20hrs, with no taxi having arrived, I called the minicab firm again. I was told again that the taxi was almost with me but when I pressed the operator for an actual location he admitted the driver was in another area which I know to be at least another 15 minutes drive away, possibly more. (This is not subjective, Google Maps etc shows this to be the case). I felt I was unable to trust the person I was speaking to on the phone seeing as they had already lied to me with the initial claim that the car was almost with me. Worried that I may miss my flight I felt I had no choice but to drive to the airport and use the long stay car park. What should have been a nice gentle beginning to a holiday was a rushed nightmare. If the operator had simply been honest the first time I had spoken to him and admitted no one would be with me for at least half an hour it would have been a lot more helpful & I wouldn't have had to make my last minute decision of driving to the airport; I could have tried to call a competitor or tried my luck with Uber. But I felt I didn’t have time for either. The cost of 8 nights parking at the airport came in at a sizable £239.00!! And I don't really have £239 to throw away lightly. My question is should I take the cab firm to the small claims court to get that money back? My issue is not just that the cab was late but that the operator was lying to me, the combination of which could have meant me missing my flight. Now I’m not completely unreasonable and seeing as my original plan had been to book another cab through the same firm for the journey home on the 8th August, presumably at the cost of another £30.00, I would be willing to accept £179 from them (ie the £239.10 cost of the parking minus the amount I would have paid had the driver turned up). I emailed the cab firm while I was away to express my frustrations and have never received a reply. On return to the UK I sent a letter by recorded delivery (which I can confirm they received) reiterating my complaint and asking for £179.00. I asked them to respond within 14 days. It’s now day 16 and I have heard nothing. So do I take this to the small claims court, something I have never played with before? Or do I give up and just feed my kids bread and rice for the next month? Did I ever receive a text message / anything in writing confirming the taxi I booked? No I didn’t. Did I record the conversations? Of course not. So they may choose to contest my version of events. How can I prove my account? Other than having my wife back me up (probably not a very independent witness) my mobile phone show me calling the cab firm on the 30th July when I booked the taxi. It also shows me calling them at 0405 and at 0420. Why else would I be calling a minicab firm at these times? Why else would I have an airport long stay car parking ticket timed at 0450hrs that same morning? I would like to think that this evidence backs up my account to the standard of ‘balance of probability’. Their website is currently down (I don’t know how long this has been the case) so I cannot see their terms and conditions. Any advice / suggestions to grow up would be much appreciated.
  8. I know that you can not take a child (i.e Person under 18 years of age) to court via Small Claims Court. However, I am wondering if its possible to take the parents of children to court?? Basically the case is one where I provided a service to a person who was 17 years of age and didnt pay for it.... Am I able to take the parents of the 17 year old to court even though they were not part of the transaction?
  9. Hello Caggers I surely can't be alone in being in this position, but I can't find any other threads on the subject. I was rear-ended by a third party (very little damage to my vehicle, but her's was a real mess), and I foolishly followed Admiral's advice in using their recommended Claims Management Company (Albany Assistance - I use the term advisedly!). Long story short, they took five working days (spanning a weekend) to do a whole load of unnecessary investigation, and gave me a credit hire vehicle for the duration (nine days total). Given that they were holding my car hostage, this was all outside my control. However, the third party's insurers are refusing to pay up for the excessive car hire charges, so Albany (through one of their partner companies) have issued a county court claim against the third party herself, but as I have incurred the charges, I have ended up as the claimant. Does anyone have any experience of this type of case, and can give me any advice as to what line to take in court (Monday 12th). Maybe transcripts of any case you might have been involved with or know of??? Thanks in advance for any help you can offer.
  10. Being a new customer of Hastings direct I was astonished to see that my many years of no claims discount (as submitted) had been reduced to 9 years by hastings when i was attempting to check the new policy details. It seems that whatever your actual NCD, if it is more than 9 years, Hastings directs' system only allows a maximum of 9 years to be entered and that this reduction is done automatically without notice (other than showing the substituted amount buried in the policy details). Both my prior insurance suppliers' systems had no issues with recording and reporting NCD in double figures. I noticed this and complained, to be told that if I sent evidence of my NCD, they would note it and report it if I left them..... Which leads me to assume that if someone does not notice this and raise a complaint, then anyone with more than 9 years NCD will lose it or potentially at least be put in an awkward position at next renewal time. This has clearly been occurring for some years and disturbingly the following related thread seems to indicate that Hastings will do nothing when this is found at a later stage. Referred Thread 217431 Problem with proof of NCD http://www.consumeractiongroup.co.uk/forum/showthread.php?217431-Problem-with-Proof-of-NCD-(no-claims-discount)
  11. I am currently in dispute with a builder over a patio - there have been several attempts to remedy the situation over the past 12 months the patio has been re-laid but there are still significant issues. Last time the builder was on site I unfortunately swore about the situation not directed at the builder. The builder became very aggressive and intimidating - shouting and swearing at me. I asked him to leave the house and he continued. Fortunately, at this point my wife came home with my daughters and she could hear the builder shouting from outside the house. I managed to get the builder into the front garden where he continued to shout and swear at me in front of my wife and 5 and 3 year old daughters. My wife asked him to stop multiple times. We got the children in the house and then he eventually left after a final tirade. In the evening the contractor sent a text to my wife rather than me acknowledging his behaviour had been inappropriate. He is offering to carry out further remedial work but we are obviously reluctant to have him back on site after this situation - he is a big guy. Where do we stand legally if we don't feel comfortable having him back on site?
  12. Hi, I think I have made a minor mistake - a Ltd company owes us (we are also Ltd company) for an unpaid invoice. The invoice has been unpaid since April, we sent a letter before action by email: I copied this text from something I found online, the number of days was blank so I just put 7 in there thinking it was reasonable. Anyhow I have now read the pre action conduct page here https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct And they mention 14 days. ooops. As the 7 days has elapsed do you think I should send another letter giving 14 days, or should I continue with my Draft MCOL claim? PS Email OK? PPS do only work days count or do weekends count too? Thanks in advance.
  13. Hi Oddfellow Bit of a long stretch but we are facing exactly the same situation you have described in this forum. I am super happy to hear that it was settled and I would love to hear any advice you would be able to provide me in order to navigate through this too. Just received a letter from the third party insurance threatening court case action and despite having the legal protection insurance, I fear the worst. Could you kindly let me know if it would be possible to talk about your situation please? Many thanks Gemma
  14. Santander have rejected my PPI claim (store card) from 17 years ago on the grounds they believe it was sold in a proper manner (over the phone - which it wasnt - as I signed-up in-store with an agreement the assistant ticked for PPI) and was offered as optional and appropriate for me etc etc - which I absolutely disagree with. I have issued a SAR - but already do have copies of Agreement and statements etc. Unsure of whats best as next move - do I escalate issue with FOS (that I'm not hearing good reports about!) or small claims action? The amount of money involved is probably fairly small (circa £200 in PPI premiums?) Any thoughts appreciated!
  15. I took someone to the small claims court. They responded to the initial claim and then did not fill in their questionnaire I have requested a default judgement. Do I need to send them a copy of the form or let them know? Should I do anything else?
  16. Good Morning all, I was wondering if someone could offer me some advice with an issue I have with a former friend. Back in 2012 my friend (who is extremely wealthy) gave me 2k to help me out with some serious issues I was having with debt collectors, he wanted to be more than friends shall we say and to this end he gave me another 2k early 2013 and another 2k late 2013 by way of bank deposits. I understood at the time that these were gifts and no verbal or written contract was drawn up. Once he realised that I was not that way inclined / spurned his advances, he started to get nasty and demanded the last payment he made to me to be paid back to him (which I had no means of doing) I was in a position to start to pay this money back in 2015 by way of monthly payments into his bank account after he started to hassle me, and have now cleared the money he originally wanted so stopped the regular payments. Trouble is he has started to to text me and ask for the payments to continue otherwise he will take me to court....... I can no longer continue to be held over a barrel whilst he demands payments from me as I have a small income and a large family to feed. When if ever will he stop to ask me for money ? Please let me know your thoughts and if indeed he could take me to court and obtain a CCJ The other option of giving up my will to him is unthinkable, I just want this guy out of my life Please help
  17. Hi, Since September last year, I have been pursing claims against a total of 17 Payday Loan providers whom I had taken various loans from during the period 2010 to 2014. Of the 17 providers, 6 have settled directly with me and I have currently have 9 claims lodged with the FOS. The FOS have stated that they are currently trying to decide whether they are able to consider loans taken out more than 6 years before the start of an irresponsible lending claim, and cannot provide any timescales for the resolution of the issue. Does anyone have any guidance on a likely timescale for this to be resolved as I cannot find any further information?
  18. Major crackdown on abuse of 'debt' judgement by rogue parking and utility firms is announced Ministers will pledge action on abuse of county court judgments by rogue firms Anyone who has had a CCJ without their knowledge will have it removed The Govt plans to immediately set aside all backdoor CCJs for those who can prove to a judge that they did not know about it when it was passed. http://www.dailymail.co.uk/news/article-5214075/Action-debt-judgement-rogue-firms-abuse-announced.html
  19. Hi I need some advice please. Recently I replied to a direct mailshot from a Manchester-based PPI claim company called Consumer Claim Line. I had had a credit card some 20 years or so ago (Capital One card) and I wanted to find out if I had paid PPI on the payments. I returned the paperwork and thought to take advantage of their advertised "no claim no fee" offer to get this investigated. A few weeks later received a reply saying that their preliminary findings were positive and that I should sign the enclosed form authorising them to investigate my claim further. With this same reply paperwork enclosed was another form asking me to list any banks that I may have had accounts with in the past and they would look into these accounts too. I signed the authorisation forms for the Capital One account and sent back the other form listing the Clydesdale bank although details of this and the Capital One account I was not able to furnish as I had no paperwork and no recollection of any details. They said that details weren't important as they had ways of tracing accounts. A fortnight later I received correspondence from this company stating that their investigations showed that the Capital One account had previously been looked into (sometime in 2009 or 2010) and since I had not informed them of this they were invoicing me for a Cancellation penalty fee of £360 for wasting their time. Along with this invoice were two additional "letters of authority" for two Clydesdale bank loans (taken out sometime in the 1990's (I think) which they wanted me to sign and return to them. I telephoned them to explain that my claim on the Capital One account was made in good faith and that I had no recollection of having this investigated before (I have good medical reasons for general memory impairment which I explained to them) I asked them to therefore cancel this penalty fee they were demanding. I also stated that as a consequence of the outcome of this first experience I didn't want to return the forms for the Clydesdale bank investigation as because of my memory impairment I could not guarantee that this case had not also been investigated in the past. I had no recollection of this being the case but then again the same applied to the Capital One case. The supervisor whom I was explaining this to was not sympathetic to my position in fact he adopted a rather aggressive and threatening stance, threatening court action on non-payment of the penalty fee saying that for every subsequent reminder-letter they sent me an additional £20 would be added to the cancellation fee invoice . He further threatened that if I didn't send back the second set of "letters of authority" (for the Clydesdale bank loans) duly signed by myself a further £360 (each) of cancellation fees would be invoiced to me for payment. A few days later I received out of the blue a phone call form the company (from the same supervisor) saying that they have reconsidered and that if I go to my doctor and get him to write a letter confirming that my medical condition and strong medication I have taken (over a period of over 20 years) have indeed led to among other things severe memory impairment. I duly went to my GP and he wrote out a letter confirming what I had said, and I sent this doctor's letter in to the company. A week or so later I received another phone call (again from the same supervisor as before) and he now said that he would not accept my doctor's letter as he had met people before with the same condition that I suffered from and he didn't believe that it could cause memory impairment. In other words he completely disregards a doctor's medical opinion on a patient he has been treating for 25 years in favour of his own unqualified prejudiced and generalised opinion of the condition I suffer from (the condition is in fact Severe Clinical Depression). The decision stood he said and I now owe them 3 x £360 fees plus £20 further penalty on the first case ... a total of £1100. Can they do this ? Is there anything I can do about this ? If nothing else maybe this post will warn others of this companies practices. Regards, Jackthehat
  20. Hello everyone, I'm having a problem with my local phone repair person, I gave him my phone to change the screen and paid £100 for it, they have changed the screen but now the home button doesn't work and there seems to be some dead spots on the screen as I can't type some letters in. I have tried solving this problem with them but he demands another £70 for fixing these issues, my phone is only worth £200 2nd hand, so that is really unfair. It's important to note that those features were working even when the screen was cracked. My only option is to take him to small claims court, and I need some assistance with that please. I don't know the person's name but I know that he's a sole trader, do I put his business name on the claim. I also don't a have receipt, but I have a reward card with one stamp that gives me a discount on my next purchase, also my bank statement shows that I have withdrawn that amount on the day, do I have any chance of success in court? Thanks for your help
  21. Last week a very important judgment was released in the High Court in relation to Part 85 'Third Party' claims. Given the importance of the subject, Master McCloud issued a draft decision, and invited the High Court Enforcement industry to provide comments and suggestions, based upon their experience in the area. The reason why the Master was asked to make the judgment is outlined in details in the following post. In this respect, I have referred to the recent news article from The Sheriffs Office.
  22. Hi, I recently commenced small claims court action against a builder who I contracted to do some work at my property summer 2016. Having telephoned him repeatedly about poor and unfinished work, I was finally able to get him to come out and visit me where he agreed he would complete the work by the end of the following week - as I had grown very suspicious of his intentions, in particular the ignored calls I recorded the final conversation on my mobile phone as voice memo without his knowledge as I could perhaps use it or a transcript as evidence should I need to make a legal claim. When he failed to return to site to finish the work, and continue to ignore my calls I sent mail correspondence, eventually seeking a second opinion from two other building firms (the view of both was was what he had done was crap and overpriced), obtained quotes and completing the pre-court action via recorded delivery which was also ignored. I filed the claim against his Limited company using MCOL, he filed a defence at the last minute, which was very poor and largely consisted of personal attacks/insults against myself than anything of substance. He has now missed the DQ deadline and been given a general sanctions order which he also appears to be ignoring. As such I expect to be-able to request judgement this week. I am now having doubts as to whether I should have initiated action against the Ltd company rather than him personally, my logic being: - I have subsequently read that enforcing a judgement against a Ltd company is difficult, he could dissolve the company, transfer what assets he has and move on. - My correspondence with him (quotes & invoices) didn't mention the Ltd company or show the registration number - The bank account that I made payments into, whilst a business current account, was in his name rather than the Ltd company the name. Should I therefore: - Discontinue the claim and re-issue it against him personally - Perhaps list both him and his Ltd company as defendants - Continue with the current claim and if unsuccessful try again with another claim against him personally? Any advice gratefully appreciated! Thanks Abe
  23. 2 days ago I was the victim of a crime in my local town. There was an armed robbery in one of our local shops where thankfully nobody was hurt. The getaway car that the robbers used was dumped in a back street where I live and set it on fire. Unfortunately for me, the car was dumped beside where my car was safely and securely parked as a result of the heat from the enormous blaze, the back end of my car has been damaged. The plastics covering the bumper, lights and badge on my boot were all melted and cracked and my boot door was all discoloured. It's a wonder that it survived the fire at all really what with the size of the fire. I contacted Hastings Direct as I have my insurance policy with them (Hastings Premier - not so premier if you ask me) who told me that even though my no claims bonus was protected in cases of vandalism, I was going to lose my no claims bonus. After hours on the phone and being sent from pillar to post, I finally reached a competent member of staff who assured me that it would be noted on my account that I was NOT at fault, but that I would definitely lose my no claims. What is this about? It is ridiculous! I am not at fault! This was all reported to the police and I have a crime reference number which was given to Hastings Direct, along with numerous photos of the car damaged, and the firemen putting out the fire. The firemen filed a report, as did the police! Can anyone offer me any advice at all please? I am at my witts end and feel like I am treated very unfairly!
  24. Hi there, I am in the process of going through MCOL for over £3500.00 due to poor service, supply, project management and deadly electrics when I had my kitchen installed by a large DIY chain. I am actually out of pocket to the tune of £3500.00 putting their mistakes right and my kitchen still isn't finished and it should have been completely finished by 6th October last year. I've managed to do all of the paperwork and POC and I have named 2 defendants; one is the large chain and the second is their parent company. I named the parent company because when I was liaising with the DIY chain and following their complaints process I was getting nowhere so I tried to use the parent company to apply pressure to no avail! the DIY chain have filed a defence, admitting some of their mistakes but not all even though I have proof, photos, electricians as witnesses, emails of complaint etc. Unfortunately, I have not heard a thing from the parent company with regards to filing a defence, acknowledgement of service or anything. Do I just leave them alone until it gets to court or do I have to let the court know I haven't heard anything back from them? I have received a copy of the defence from the DIY chain's solicitors and it's just full of legal speech to try and frighten me I assume. Also, they have offered me mediation with them however I really don't want to do that. For at least 2 months, I attempted to discuss this with them and they just ignored me I feel that because I followed their complaints process to the letter, they don't deserve to go through mediation. Does this go against me at all because I don't want mediation? Any help you can give me is really appreciated.
  25. Received a small claims court summons 4 or 5 months ago made out in my own name instead of the business name for a totally ficticious invoice , we responded with a fairly robust defence. Receieved a reply from the court asking the claimant to send us by a named date and time a clearly listed claim, in numbered paragraphs explaining each point of the claim, and we had approx two weeks after this date to respond to the court and the claimant. The date came and went and we never received the paperwork from the claimant, we sent a letter by recorded delivery to both the court and the claimant stating that the deadline for us to reply was rapidly approaching and we had not recieved the paperwork so how could we answer, no reply was received from either party. we heard nothing else at all, so approx 10 days before the hearing we again wrote to the court and the claimant stating we had not received the claim particulars so how can we be expected to defend ourselves. again no reply. The day before the hearing we called the court and they seemed quite happy , they confirmed that both letters had been received and the judge would deal with it in the court. We attended court this morning asking for the paperwork to be given to us and to ask for time to review it so we could answer all the points validly. To be told the letters may have been received by the court but they wouldnt have been read until this morning...... we had plenty of time to prepare our case and that they would give us a short time to read the claim which they did. ( about 20 mins...) We had a valid argument for every question on there, however, as we did not know the questions that were coming we could not provide any paperwork to back these up ( we can provide the paperwork as we have it all) as how could we possibly know what was coming and what to prepare for, yet the claimant could provide his paperwork , which clearly he knew what to bring as he had filled the claim. Much to our astonishment they upheld the claims whilst we had good arguments we didnt have the necessary paperwork to back these up... we were then told that the court had followed correct procedure and we had to ask the same judge for permission to appeal, he refused this permission... The claim revolves around some car parts that were ordered in mid 2014 by a company that no longer trades, the money was requested as cash, which was withdrawn from the company bank account and paid to the claimant, the sum of £2000. The claim is that the parts were never paid for, and were ordered by me personally and not the business ( now some 3 years later with zero chasing in between) and that the parts were special one offs and as such were £6000 not the £2000 paid. Judgement was found against me personally for the sum of £6000 plus costs of some £1200 making £7200 plus the fact we had already paid £2000 so now im facing owning something that cost £2000 yet cost me £9200. To say I fell totally failed by our legal system today is an understatement. We also have xmas break coming up so its hard to gather information together. we were told I have 14 days to pay the order and 21 days to appeal to a higher court, but even if we appeal the order stands after 14 days so it can be enforced, how is this possible, this realistically means they can send a bailiff round in 2 weeks time? Also I simply do not have the money to pay this, I earn very little and have no assets, what is a lowest payment I can make if I have to, I currently earn around £1000 a month, 2 kids, mortgage etc etc Help....
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