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!

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?

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a reward card with one stamp that gives me a discount on my next purchase, also my bank statement shows that I have withdrawn that amount on the day, do I have any chance of success in court?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

I hired an arbitrator as an ADR between me and my accountant. However it turns out that the contract between me and my accountant does not have a clause for arbitration. The arbitrator took on the job without checking this. He says he doesn't work for free! Given that almost all other professionals would do such a check, as it saves a lot of time - is there is legal requirement for him to do this check?

Hi, I rented a car from Enterprise Rent-a-car. When I returned it there was a small scratch, just a little bigger than their wear and tear vs damage assessment template allows for: https://ibin.co/3WJPCUlUuaeK.jpg They want to charge me the full 850 euros excess for this. It looks like the sort of thing that could be fixed for around 50 to 100 euros, with a localized touch up. Clearly I am being ripped off. It is entirely possible the scratch was already there. It was a long day and I did not have any lunch by the time I got off the ferry and waited for the French to finish their lunch and re-open their rental office. I may easily have missed it. I did ask them to send me the last 5 return slips so I can check the same scratch has not already been billed for... but they did not respond at all to my polite email to the accidents email address they gave me. What can I do?

Hello, I've received a claim form from a non-resident UK individual trading in the EU providing project management services. I did not pay their entire bill due to them breaking the verbal contract we had by not performing the service with reasonable skill and care i.e. substandard work and failing to act on instruction that then cost me money. Each deduction has been referenced to specific failures rather than generic claims for damages. Do I need to tick the box saying I dispute the claim or that I contest the jurisdiction of the court given that this was all agreed and conducted in an EU country that is not the UK?

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

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.

Hi, I have a mediation planned with regard to a small claim issued against me by Howard Cohen solicitors on behalf of hoist portfolio that I have a few questions about that I would like help on please. A bit of back ground information.. The debt for £2900 was originally passed to MDKP LLP in November 2014, the account was then assigned by MKDP LLP to their client Hoist Portfolio in December 2015. I had a payment plan set in place of £50 per month and made payments reducing the total outstanding to £2000, in around June of this month i fell in to difficulty and missed a couple of payments, I called and explained and was asked to provide an income and expenditure to show what i could afford and was told they would send me the appropriate paperwork for me to fill in. Approx 2 weeks later I received a small claims pack requesting the sum of £2000 + costs so roughly £2200, I called Hoist Portfolio and explained I was waiting for an income and expenditure pack and was told by a rather snotty woman "its too late now, we will not accept any payments on this account no matter what you send in to us, we have forwarded this now to our legal department and we are taking action against you" I was then told it would be easier in the long run if i accepted the action and waited to see what the judge asked me to pay, I thanked her kindly for her useless information and hung up! I followed directions that have been posted on here and clicked defend all and sent the pack back, but first i sent a CCA request and a cpr 31.14 both went unanswered, I then submitted my defence on the last day i was allowed and its posted here. Particulars of Claim. 1.This claim is for the sum of £2000 in respect of monies owing under an Agreement with the account number xxxxxxxxxx pursuant to The consumer credit Act 1974 (CCA). The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claimant and notice has been served 2.The Defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the defendant pursuant to s.87(1) CCA. 3.The Claimant claims 1.The sum of £2000 2.costs 1 The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is accepted. In that I have had financial dealings with Barclaycard in the past. I do not recall with any precision the agreement the claimant refers to and have therefore sought clarity by way of a CPR 31.14 and CCA section 78 Request 3. Paragraph 2 is noted but again I have no recollection of the agreement or whether a Default Notice was ever served.The claimant is therefore put to strict proof to disclose the default notice its claim relies upon. 4. On receipt of the claim form, the Defendant sent a request under the customer credit Act 1974, by way of a section 78 for a copy of the agreement, and on payment of the statutory fee of £1.00; the Claimant did not respond and is and remains in Default of said s78 request. A further request was made via CPR 31.14,* requesting disclosure of documents on which the Claimant is basing their claim. The claimant has failed to respond and to comply. 5. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement and; b) show and evidence the nature of any breach and Default Notice; c) show how the Defendant has reached the amount claimed for and; d) show how the Claimant has the legal right, either under statute or equity to issue a claim. 6. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed. 7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the consumer credit Act 1974. 8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. When I submitted i ticked the mediation box, I was surprised to receive a response back that the claimant also ticked the mediation box and i now have a meeting planned next week for a one hour time slot on the phone. Since setting up the mediation I have received a pack from howard cohen with some old card statements showing the balance at £2900 from barclaycard until MKDP took over the debt, a reconstituted credit agreement with no signature of mine on or anyones for that matter, a couple of default notices and a notice of assignment. Now what I find strange is the very footnote of the letter i received states the client will consider allowing me to repay the debt by installments for the outstanding balance on sight of my income and expenditure details and payment offer and states an arrangement can be formalized at the above mentioned mediation. I just dont get why they would not entertain my offer before yet once i click defend they now add this footnote or is this a standard comment that they put knowing full well unless i pay the full amount upon mediation they will pursue me through the small claims court? When I spoke with the lady who set up the mediation appointment she implied most cases dont end up being settled with the full balance being paid and kind of pointed me towards offering less than the £2000 they are asking for, not sure why she did this tbh. My questions are, 1.are they nervous because they have no proof they own the debt? 2. what kind of payment plan should I offer initially expecting to have to go up a bit to where they want to meet me? 3.lastly realistically what are my chances of getting something set up without having to go to court and get a CCJ using the mediation process? Thank you and sorry for the essay just thought it would be easier if i added all information i held.

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....

Hi everyone, I need some advice on behalf of a friend. He started working as a self-employed DPD franchise driver last year. It means you get the title as self-employed but essentially you drive their van, you wear their uniform, they tell you what hours to work & theres little say on your part in this. During the course of his working day, he got into an accident. The insurance companies stated that they could find nobody to be at fault for the collision and any damages were paid for. I believe the other guy who was involved in the crash had quite a high excess and as such is looking to claim this back - by taking DPD to court. This is where things get complicated. The claimant wants to sue DPD to recover costs. As such, the case is being heard in the claimants local county court because DPD are a business. DPD have told my friend he is to travel some 300 miles to this court and represent himself. My friend has had nothing from any court come through summoning him to court. We believe DPD have all the paperwork. We think DPD is trying to make him go to court on behalf of them to deal with this claim. DPD do have solicitors working on this case - we have yet to establish if they will be present on the court date. My question is, if the case is against DPD the company, does my friend need to go? when essentially he was a self employed franchise worker and not an "actual worker". Has anyone got any advice for a situation like this?

I need serious advice please! I bought online a mattress for kids but wrong size, so had to return it at my cost to the seller. I used an online platform http://www.uship.com to advertise for the delivery job. I got a driver quote and paid deposit to uship. The driver came to pick up mattress i received him well, very likeable guy. After a few days, he cut off communication and so i had to approach uship. They tried to get in touch but no response. The whole project cost £300. I have texted him,emailed and phoned in vain. Yesterday, after 3 weeks of texting and emailing, i borrowed a phone from a friend and phoned him. He picked it 'unknowingly' then had to say he has been busy will call me later. He didn't and been calling again and text for past week, no response. Now, my dilemma, the guy runs a delivery business, I have all communication trail with him including his bank details and address. Why would he risks this for £300... in addition whom do i report to(never had deal with the police)? I have enough evidence including cctv footage from my house. He has a limited company which he runs the delivery business from and so have his trading address, and his other details like bank accounts and phone numbers... my other worry he might be using different names as the bank he gave to transfer money was under a different name. I appreciate I might probably spend more financially and on time - but I am interested to bring him to justice so that he doesnt do this to others. Advice much appreciated

Apologies that this is a long post. This is my first time on any kind of forum. I have tried to summarise but my 2 1/2 year dispute with Npower over inncorrect bills been a complicated and very distressing process. I will be very grateful indeed for any advice on how to proceed legally through the Small Claims Court... We moved into a flat in Sept 2013 and when I called to give Npower the opening meter readings I asked to confirm what meter and tariff we were on. I was told it was an Economy 10 meter and noted down from the conversation that there were 3 cables which would give a Day rate, a Night rate and a Heating rate for the 3 night storage heaters with timings for when these rates would operate. You had to press a button on the meter several times to get the readings and I gave the 3 readings as they appeared on the screens. Npower took Actual readings for these 3 rates in Nov 13 and I gave more readings in May 14 at which point I started the complaints process because we had still not had a bill. I received letters with an account number from the complaints department and finally a letter in July 2014 saying because they could not resolve my complaint about not receiving a bill I could go to the Ombudsman. At the end of July I receive a letter with the same account number but this time addressed to the occupier saying that because of problems closing the account the balance would be written off. Followed a week later by the First bill for £366, in my name but with a different account number. In Sept 14 I call to try and figure out what is going on and am told that the first account number I’d received on complaint letters was actually the previous tennant’s but because of the confusion the balance (now £457) would be written off as per the write off letter. I give meter readings – this time 4 readings show on the meter instead of 3. That same day a bill is generated for the heat rate for £868. It is based on an estimated opening meter reading for heat. I am told again a week later on the telephone that my account would be credited to zero - clearing balance of £868 as per write off letter and to disregard any more bills/reminders and to wait during process. In Nov 14 I call again and am given apologies for distressing letters & assured case is with correct back office team. Promised that a correct bill should arrive soon showing the cleared balance of £868.72 and they had correct meter readings so a new bill would generated. I then receive a bill for £1,433, followed by ‘Our right to enter your home’ letter – with an outstanding balance £976. In December 2014 after numerous complaint calls I am given a new complaint reference number and assured collections will stop. In Jan 15 I receive a complaint deadlock letter refusing to remove the balance as promised and referring me to Ombudsman and I begin the Enquiry process. In Feb 15 I give new meter readings and receive a bill for £1481 - Tariff: Standard SC ROB Heatwise 1. I pay £505 for accurate energy usage calculated using my correct meter readings between Nov 14 and Feb 15 (leaving the disputed £976). At the end of Feb the Ombudsman says Npower incorrectly offered to write off the Sept 14 bill for £868 and that I should be given a £25 goodwill payment for the misinformation but that the outstanding balance remained. I did not agree with the Ombudsman proposal and it was reviewed in March 15. I complain that the meter reading Npower used to calculate the opening heat rate was an estimate because it had not been showing on the meter. As this was not part of the original complaint to the Ombudsman they advise me to contact Npower directly. I contacted Npower who agree to work out an accurate opening meter reading but I did not accept the Ombudsman proposal as I still hadn’t had an accurate bill and felt they had not helped resolve my issue with Npower. In April 15 we move out of the property and I give final meter readings and new address. On 1st May 15 they send: An amended bill to our old address for £1318. A letter saying because I’d rejected Ombudsman remedy my complaint has been closed thus exhausting the complaints process and balance is £1362. And a Final Bill for £1452 (the Tariff has now changed to Standard SC ROB 7 Hour Weekend Off-Peak) I call to complain about tariff changing and am told they've re-opened case though they believe bill is correct. Throughout May and June they send another Amended bill, numerous complaint reference letters, and Final demand and Act now to avoid court letters – all to the old address. I email the CEO disputing the Historic debt and Amended Bill and request again that our address be updated and debt recovery stopped. The complaint is logged and I’m given a new reference number. In July I start to get calls from Debt Managers Services attempting to recover a debt of £1,612. In August I receive 5 more amended bills each for a different amount. Throughout Sept and Oct I receive letters from Debt Managers saying my account is on hold while they await instruction from Npower. In January 16 I receive a letter from Npower with a ‘Notice of intention to file a default on your credit file’. Outstanding balance £1452. In February I email complaining that my complaints have not been handled properly and ask about the compensation arrangements Npower agreed with Ofgem. Executive Complaints reply to say I have exhausted thier complaints process and they will not look to raise a new complaint in relation to this query and refer me to their Legal Team. I point out that the Ombudsman instructed me to re-contact Npower to recalculate opening meter reading to which they had agreed. In March 16 Executive Complaints then reply with an incorrect opening meter recalculation (they use accurate winter heat readings to calculate an average daily usage and apply it to 497 days i.e saying we’d use the same heat in summer as in winter!) and advise me again to proceed legally. Moorcroft Debt Recovery begin pursuing the debt and in desperation to resolve this I contact the Citizens Advice Extra Help Unit, who help vulnerable consumers, and they agree to mediate with Npower on my behalf. They challenge Npower throughout March and April but are told Npower's final position was that they would not be opening the case and referred me back to Ombudsman or to take legal action. The amended bills – Falsifying meter readings and placing us on the wrong tariff Having now examined the 5 amended bills of Aug 15 I can see that they have previously tried to ‘re-estimate the bill’ by falsifying meter readings - changing accurate readings into estimates to justify their original estimated opening reading. All these estimates are entirely inaccurate suggesting that I have used thousands of heat units in summer periods when the night storage heaters were switched off. I am suspicious that NPower have chosen to amend the bills with estimates from May 2014 (instead of the 2013-14 winter prior to that when the disputed energy was apparently used) in order to avoid the back billing regulations. I have also asked repeatedly why the Bill that I paid in Feb 15 was cancelled, amended and then re-calculated at a higher unit rate for heat (7p per unit became 12p). No one has addressed this concern. Our tariff appears to have changed from what I understood to be the Economy 10 tariff: Standard SC ROB Heatwise 1 to Standard SC ROB 7 Hour Weekend Off-Peak. At no point did we ever ask to switch tariff or were we offered any explanation as to why the unit price and tariff had been changed, despite me asking on numerous occasions for clarification. Harassment and marking my credit file I have been threatened with court proceedings multiple times, they refuse to put a hold on their collections process so I am still having to deal with debt collections agencies, NPower may have shared data which will impact my credit record and they say this cannot be amended because they claim the outstanding balance is correct and remains payable. They now say I need to proceed legally. My time, stress and worry I have spent innumerable hours dealing with all of this, trying to decipher what has gone on, examining 15 bills, complaining by telephone and email, going through an Ombudsman enquiry that did not help to reach a resolution, and working with Citizens Advice, all of which equates to weeks worth of my time. I have had countless sleepless nights and shed many a tear worrying about everything and feeling bullied by this huge corporation who seem to operate so recklessly with no regard for how peoples lives are affected by this level of stress that they cause. And throughout this period we have a chronically sick child with a rare blood disorder who has been in and out of hospital and Great Ormond St Hospital. Our now 3 year old daughter was first admitted to hospital in a life threatening condition in Oct 14 and has since been admitted 10 times, which Npower have been aware of. I have had to take my energy away from caring for my child to dedicate to unraveling all of this mess and that is extraordinarily painful for me. I am now fully prepared to take legal action, although I have no idea how to do this and do not have any access to financial support or legal advice. I feel completely daunted by the task and almost cannot bear the stress and time of pursuing it further but it seems to be my only route forward. I want to seek damages to be remunerated for this utter failure to handle my complaints and to bill me accurately. NPower’s conduct is far from fair or transparent and does not meet their standards of conduct by a long way. I refuse to be victimized. I realize that this has been a long read and I really appreciate any advice that others can give for me to take this forward legally. Very best wishes D

I booked a professional Make Up Artist (MUA) for my wedding in August 2017 paying a deposit of £150 in December 16 to secure the date for myself, my mother and five bridesmaids. No written contract was made but the above details were recorded and receipted via Facebook Messenger. At the end of July I arranged a make up trial for myself, my mother and one bridesmaid to take place two weeks before the wedding at a cost of £190. The trial took place and the MUA agreed to forward a list of the makeup used and a start time for the wedding day as she didn't have time to do this on the trial day. She did not get back in touch with me so I contacted her a few days before the wedding but no response was received. Further requests for a start time were made the day before the wedding but again no reply was received. On the morning of the wedding I woke to a message from the MUA which had been sent at 1 am. stating her mother had been rushed into hospital by ambulance, was unconscious and she couldn't leave her as it she didn't know what the outcome was going to be. She said she had been too busy to respond to my earlier messages due to work and hospital visits. (I have since discovered that her mother had been ill for several months prior to my wedding). Due to the late notification I experienced great difficulty and stress on my wedding morning trying to source another MUA to complete on time at such short notice which I did, but my mother had an allergic reaction to the makeup as she did not get the chance to have a trial. On checking social media the following day to see how the MUA's mother was, I discovered that her friend had posted items indicating that on the day of my wedding the original MUA was actually working for a Celebrity who is a regular client of hers, at a venue over 100 miles away and had also found the time and inclination to have her hair died peach! I forwarded these posts to the MUA and asked for a refund of the trial costs and my deposit. She denied attending the event on the Saturday of the wedding but admitted attending the Celebrity for the Sunday appearance only as her mother did not want her to miss out on the opportunity. (This was a 2 day event with the Saturday location being 100 miles away and the Sunday event being in a different location 200 miles away). She said she would only refund the deposit and would do this later that week but failed to do so. I replied informing her I had photographic evidence that she attended both events but she failed to respond to this. I then sent her a Letter before Action further detailing the evidence I had including different coloured passes on the different days and credits for her make up made on the Saturday by the Celebrity. She replied citing bank problems (for eight weeks?) prevented her paying the deposit and deaths in the family (not her mother) prevented her replying to my previous email. She also commented that any posts appearing on social media during this period had been posted by her 'assistant' on her behalf. She stated that she would not refund the trial costs as the makeup had been used at my hen that night. I replied stating that the only reason I had the trial on that day was so that the other bridesmaids who do not live locally would all be together for the event and could see her work. They were her other clients on the wedding day. I also stated that I only booked her for make up that day as we had a contract for my wedding day makeup. I would not otherwise have booked her for a Hen Party or any other makeup session. She failed to respond to the above but refunded the deposit two weeks later. I acknowledged receipt of the deposit but referred her to the Letter before Court Action and my claim for the refund of my wedding trial costs. She has not responded or forwarded any documents she intends to use in her defence as requested under the Pre Action Codes of Practice. I had also requested her to provide evidence of her banking problems. She worked for this Celebrity regularly during July 17 including the day in mid July when the Celebrity announced her appearance at the event taking place on the same day as my wedding. It is therefore reasonable to assume the MUA was already aware of this Celebrity booking prior to attending and charging me for a wedding trial. I am now completing a Particulars of Claim for Money Claim Online (Small Claims) for refund of the trial costs but my query is do I quote the Sales of Goods Act as the trial was unfit for purpose, 'Misrepresentation' as the Wedding Trial was not a trial when she wasn't attending my wedding and didn't provide a list of make up as promised, or 'Breach of contract' as she didn't attend the wedding, or all three? Any guidance would be greatly appreciated.

Hi All I bought a 2nd hand Nissan X trail on 13th January from a local dealership. On 6th February I reported to the dealer that the car was making a loud noise from under the bonnet and that the engine management light had come on. We agreed to send it to my local Nissan dealership for them to run a diagnostic check. They diagnosed the fault code as an EGR fault and said that the noise could be coming from a worn turbo. They advised replacing the turbo and intercooler. After speaking with the dealership I bought the car from, I returned the car to them to investigate and they diagnosed a worn turbo which they took over 2 weeks to replace. They acknowledged the EGR fault, but did nothing to rectify it as the engine management light had gone out. Upon receiving the car following the new turbo, the noise was still there. I reported this again only to be told its to be expected with a car of this age and mileage. Over the past 3 weeks the noise has gotten worse and the engine management light has come on again. I have had 2 garages look at the car for me in the last few days and both say that the gear box is shot and that the EGR fault is still there and the EGR valve needs replacing. I have written to the dealership rejecting the car under the Consumer Rights Act 2015, but after speaking to them this afternoon I fear that they are just going to ignore me and try to fob me off. He is all ready talking about trying again to fix it. Do I have to accept this? or is there anything I can do to force the refund?

Name of the Claimant ? Lowell Portfolio 1 Ltd Date of issue – What is the claim for – 1.The Claimant's claim is for the amount of £800 being monies due from the Defendant to the Claimant, under a Store Cards, Credit Cards agreement regulated by the Consumer Credit Act 1974 between the Defendant and Vanquis Bank Plc under account reference xxxxxxx and assigned to the Claimant on 14/04/14 notice of which has been given to the Defendant. 2. The Defendant has failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. 3. The claim also includes the statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum (a daily rate of £0.16p from the date of assignment of the agreement to 14/04/14 being an amount of £60). What is the value of the claim? £950 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? After Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt collector Were you aware the account had been assigned – did you receive a Notice of Assignment? The account was opened at a different address to mine. I lived at this address about 20 years ago but have moved twice since then. I received a debt collector letter in 2013 for this and I wrote and said they have the wrong person but I did not hear a thing until March this year when I got a County Court summons. Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? I have never made any payments (neither has the person who opened this account) What was the date of your last payment? None Was there a dispute with the original creditor that remains unresolved? Yes, its not my account Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management? No Hi, I am looking for any advice that I can get. TIA. I have copied the bit from the sticky and put my information in and posted it below. I have filed the defence and done all that I can. The case will be in court in a couple of weeks time. I am not nervous about the court bit, I wanted to check to see if anyone has any advice as it is a fraudulent account. I have reported it to the police via action fraud website and told BW Legal about this, but they are not listening. I have proof that the address the account was started out is not mine etc but they are not responding to any of the points that I am making. The main question that I have is: the account was started by someone using my maiden name. The account was started in 2012. I got married in 2003. Should I tell BW Legal that they are using my name wrong?

Basic background is a claim for around £600 against a large retailer. Mediation has failed, a hearing seems to be on the cards. Which, if any, of the following costs can be claimed from the defendant, assuming the claim succeeds of course. witness' loss of earnings for attending the hearing witness' travel costs claimant's loss of earnings for attending the hearing (There are two witnesses who will have to attend because the defendant will not accept witness statements from them instead and is persisting in disputing basic facts on principle) accountant's fees for providing proof of loss of earnings (claimant is self-employed, defendant is insisting on strict proof of the loss of £200ish, 16+ hours, even though the accountants fees will be more than the claim, fees were not included in the original claim)

Served papers re a small claims action raised against me by Shoosmiths on behalf of CapQuest, for a Shop Direct account they purchased. The claim is for a balance iro £500 plus costs. I have my doubts whether SD lawfully defaulted me but disposed of paperwork many moons ago. I intend to make an incidental application to cist the action and request documentation from CQ and SD. If I send the incidental application to the court, do I need to send any of the response forms back?

I believed a debt was statute barred when I checked my credit file last payment was in 2009, now it has gone off my file. Lowell now demanding payment, I sent a statute Barred letter to them they replied that termination of service was in 2009 but payment was made in Sept 2011 so not making it statute barred which I totally disagree as my situation was so bad for that period and could not have afford to make any payment from 2009. I don’t have the bank statement, the account had been closed. I sent a letter to lowell to prove date of last payment but they had ignored this. They informed to have made a court claim which I have not received any letter regarding this. Also they asking me to contact the court for a copy. i have contacted the court and i have been emailed the claim form, filled and returned to the court. the court sent a letter of acknowledgement of my defence and that a copy been sent to the claimant. i received a letter from the creditor that my case is on hold as it is being reviewed a copy of Directions Questionnaire (Small Claims Track) which they had filled that i will be sent my copy directly from the court to be filled so that the court can then make decision from these documents. i have asked the creditor severally to prove/send me evidence of my last payment which has been my defence and up to date they are yet to get that to me. I have been sent a direction questionnaire to fill and return. I don't understand this process they are taking and don't know what to do.

Hi All Wondering if you can help, I just took a phone call from my mum who is stressing because someone is taking her to the small claims court. Here is the story, sorry it's very long but I will try to make it as concise as possible: 1. She owns a website which sells musical instruments. People can pay her to list their instruments on her site. 2. Someone approached her to sell an instrument for around £500. She was paid £35 listing fee, and listed the instrument on her site. It was described as damaged and to be sold as is, because it was. Seller dropped the instrument off at her house as she better located for pick-ups (nearer London) 3. Buyer bought the instrument blind - did not come to see it, against the (verbal) advice of my mum. 4. Buyer paid owner of instrument directly into his account. My mum did not see any other money other than the £35 listing fee. Buyer's husband picks the instrument up. 5. Buyer tries to return the instrument because it "won't hold tune", my mum advises that it was sold as is and she should not have bought it blind 6. Buyer becomes increasingly hostile and threatens to drop the instrument off with my mum's elderly neighbors. My mum is a bit WTF at this point and tells the buyer to seek refund from the guy who actually owned the instrument, as she didn't receive any money for it. Buyer is not having any of it and insists my mum is responsible. 7. At this point my mum thinks the woman is crazy and ignores further communications 8. My mum receives a notice for remediation and calls the mediator, explains the situation and that the buyer should take the problem up with the seller, but the mediator is not interested in hearing this, so my mum says that "mediation is pointless" 9. The next thing, a letter for the small claims court arrives, and the hearing is on the 30th. I am wondering what her chances are of succeeding in small claims court are, and if anyone knows of any similar cases that we can read /bring to the hearing? In my opinion, this is a bit like someone trying to sue eBay over a listing for an item that is bought as spares or repair and sold as-is. The seller is responsible, not the agent - surely? Thanks in advance all, my mum is extremely stressed out over this. I don't know why she left it till now to tell me. Anything anyone can advise is greatly appreciated.

Hi guys will start this " high level" but appreciate we may need to delve into the lower level detail too.. In April 2017 a case I was a defendant for was "struck" as an order placed by the judge upon the defendant was not complied with. Through the post last night I get a new county court for the same account, same claimant but different "solicitor" to send " payments/ documentation though to. Is this REALLY allowed? and if so in what cases? Just strikes me as odd Thanks

Hey guys, was wondering if you could give me some advice on whether I've handled a used car situation, as after putting it off as much as possible, I've been given no other choice but to take a car dealer to court 8th December, me and my girlfriend traded in her Corsa for £400, for a Polo plus £500 cash (£900) total. The dealer checked her car, and had access to it for about 4-5 hours. I test drove one car, which broke down straight away, then test drove a similar but more expensive one, but only at 30mph up and down the local road. I refused the £50 Mot offered (Had 4 months left), as I have a very trustworthy garage that I wanted to take it to. As soon as money changed hands, the car cut out when I drove it out, to which the dealer said it was just because the car was parked on a slope and it's just the petrol and would be fine after putting some petrol in it. despite driving 15 mins back to my home, and putting in £10 petrol, the car kept cutting out, whenever going over speed bumps the car would make awful scraping sounds. when I took it to my garage they said there were two minor problems and an oil leak from the sump pan. They said the dealer illegally sold me the car, and that they would have to fix these problems straight away. Dealer argued the case, but eventually accepted that they needed fixing, and booked me into his local garage. 5 days later i took it to his garage, and when the work was done the mechanic denied that he was even told to look at the sump pan, and that he wouldn't look at that until the dealer gave the go ahead (he did fix the 2 minor problems again, contacted dealer, who reluctantly said he would book it in, to which was another 5 days away. When car was taken to garage, he kept it for a few days, and finally rang us to pick it up, but it was still cutting out while driving. due to it being Christmas, it took just under 2 weeks to get it checked by my garage (5th January) to which they said that it wasn't fixed, and that I need to take it back. Again contacted seller who arranged it for the 9th (a day after a month of having the car). On the day I was unwell and my girlfriend didnt feel safe driving the car, I text to cancel, but then the dealer started ignoring us. I tried ringing but no avail. i gave it a few days and then text him again to say that I wasn't happy with the car and would like a full refund. No response. spoke to citizens advice, who said send him a recorded letter. Which I did. But again no response, i text him saying if i dont hear back I will take it to court. Thats when he finally responded saying that it's my fault for buying a used car, and that he won't be giving me a refund and that I can take him to court but to let him know in advance. There's been a lot of back and forth between me and him, but the only thing he's willing to offer is £400 refund as he says the Corsa I traded in had a Head Gasket problem and it's cost him £480 to fix, even though I was not aware of this problem, and he had ample time to check and reject the trade in on the day. He's also listed the car without saying that he's fixed it, but is saying he's fixed pads and discs, which he never mentioned to me. I offered that he could have the Corsa for free, but the minimum I would've taken was my £500 cash back, to which he declined. Now I've applied for small claims court and am claiming over £1200 as I've had to keep the car insured and taxed to keep it on the road as I have no where else to store it I was debating whether to claim for traveling costs, as the car was bought to travel to football matches but I've had to get multiple coaches and trains on the day Do I have a good chance of winning?

Hello, could someone please offer some advice. I received a ccj claim from the ncbc for a claim from Restons solicitors on behalf of their client capquest. I do not recall the debt what so ever. allegedly a catalogue. so i acknowledged the claim in order to give me time to file a defense. I sent restons a request for documents that they mentioned in the particualrs of the claim under cpr 31.14. first one got lost so sent another, they received this on 18/07/17 I asked that the request was carried out within 7 days. this has now passed also sent a cca request to capquest, to date still nothing received. as they haven't replied to my request where do I stand filing a defense when when i cant even see the documents they intend to rely on, its absurd in my opinion. obviously the clock is ticking as i filed the acknowledgement on 11/07/17. as im new to this any advice would be appreciated

I’ve started a small claim against a builder to recoup money paid in advance for work not done. I’ve sent two letters as per process and he disputed the claim, saying the money paid in advance was put towards cost overruns on other work he did for me. This was not agreed with me in advance. I’ve since hired another builder to complete the work not done. Now legal action has been launched he has decided not to dispute the claim. However, rather than acknowledge the claim he has contacted me directly to say he is selling his house and he is willing for me to have a charge on the property to the value of the claim (including costs) but he wants to do it out of court so he doesn’t have a CCJ against his name. I can’t see the property on the market via rIghtmove.co.uk. That doesn’t mean it’s not for sale though. He has told me that the mortgage company has a charge on the property but there is enough equity to pay the claim after the mortgage. He says he can’t afford to pay the claim outright and can’t get a loan. The claim is around £7.5K so I doubt he has movable assets that could be sold to that value which means, even if I did pursue the claim, the best I would probably get is a charge on the property. I want to settle this amicably as possible. I don’t think he’s a crook, he’s just disorganized, got out of his depth on a large job and let the budget get out of control. We had a good working relationship for two years before it fell apart on this job. So, questions: 1. Does this seem a reasonable proposal and how would I go about implementing this? 2. How can I check the value of any charge the mortgage company may have? 3. How much does it cost to put a charge on a property and how can I do it? 4. I assume I should seek some sort of written guarantee of his proposal? 5. I also assume I should apply some sort of time limit to selling the property at which point I would reinstated the claim if the house is not sold – maybe 3 months, or 6? 6. What should be done on MCOL? Should he acknowledge the claim saying he does not dispute the amount or would that result in a CCJ? Or should I just leave it dormant for three months then request a judgment it if the sale falls through? 7. Would it be safer to decline this proposal and proceed with the claim?

I was registered as self employed between 2011 and 2017. This was a small sideline along side my main PAYE income (so my NI contributions are already made up for the years in question), and me SE profit was generally about £1500 per year (highest was about £2500). Now I've just had a letter from HMRC demanding Class 2 NIC for 2011 to 2015. Don't know why they've only just written to me about it, first I've heard from them on this subject since 2011. I was always under the impression that as my income was below the small earnings exception, I was exempt from having to pay class 2 NIC? I seem to recall dealing with this matter back in 2011, and I'm pretty sure I sent them a CF10 form back then (although I didn't keep a copy of that myself). Should I just write to them stating that I believe I was exempt due to earnings below the threshold? Obviously this is reflected in my SA tax returns. Are they likely to just accept that? It seems odd that if they think I should have been paying class 2 NICS for all these years, why haven't they chased it before now?