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  1. Greetings. I filed an N164 asking for permission to appeal about a month ago. I haven't heard anything back yet. I was wondering... is the N164 form, where you tick "I ask for permission to appeal", essentially a request to the district judge who has the case for permission? Or is the N164 with that option ticked essentially an appeal notice that will go to the circuit judge where they will decide on permission to appeal? I would like to proceed by filing an appellant's notice and ticking "No" in answer to "Has permission been granted?". Any thoughts?
  2. Hi Everyone, First of all would like to thank all the brilliant people in this site who have helped lot of people beat the Debt Collection Agencies tactis which are threating and stressful. At the moment i am going thru the same level of stress and anxiety. I recieved a Small Claim Summons from Edinburgh Sheriff court Form 1a, this was from Optima Legal on behalf of Cabot financial uk ltd, which related to a debt with Vanquis bank credit card. The copies attached. As you might all be aware the process in scotland is different, the reason for this new post is to share my experience with others in scotland as there are not many threads here relating to scotland. I have started of with three letters in a span of three days to the solicitor and to Cabot but had no response from them till now, and should be sending and estoppel and section 10 notice soon to follow. In scotland CPR 31 is not valid and we have to apply for an incidental application to the sheriff for such documents, i have been to the court and was told to first submit my repsonse and then i can make an application for the incidental application for such documents, which i shall be doing now. As this is new for me i was wondering if i could get more help on this below is the draft for my incidental application, if you good people can comment which would help that would be great, i have made comments in bold where i want further help so if you guys can help that would be great. ******************************************************** Dear Sir/Madam: I hereby make a formal request under ACT OF SEDERUNT (SMALL CLAIM RULES) 2002 NO. 133 CHAPTER 17: Recovery of documents and attendance of witnesses, for the following Documents: 1) The agreement. You will appreciate that in an ordinary case, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. ****SHOULD I BE ATTACHING THE £1 FEE TO THIS APPLICATION AND QUOTE THE SECTION IN THIS PART**** 2) The Deed of Assignment ****WHAT LAW AND CASE POINT WOULD BE BEST TO QUOTE HERE FOR DEED OF ASSIGNMENT***** 3) The Deed of Novation ****IS THIS VALID REQUEST FOR DEED OF NOVATION WHAT LAW AND CASEPOINT CAN I QUOTE***** 3) The Notice of Assignment and proof of service of said Assignment Notice ****I KNOW THIS RELATES TO LAND AND PROPERTY ACT IS THIS VALID IN SCOTLAND***** 4) The Default warning letter 5) Default Notice and proof of service of said Default Notice ****I KNOW THIS RELATES TO LAND AND PROPERTY ACT IS THIS VALID IN SCOTLAND***** 6) The Credit Card Agreement as mentioned in your particulars of Claim *****AM I ASKING FOR THE SAME DOCUMENT AS IN MY REQUEST 1 OR IS THIS DIFFERENT TO THE ABOVE******* I hereby request Sheriff Clerk to grant commission and diligence to recover the above listed documents from the pursuer. ********************************************************************* PLEASE REMEMBER GUYS I HAVE TO BE PHYSICALLY PRESENT IN FRONT OF SHERIFF SO THAT I CAN DEFEND MY REQUEST PROPERLY SO THE MORE INFORMATION THE BETTER PREPARED I AM SO PLEASE HELP. Hope to hear from you guys soon Thanks for your reply the documents in pdf
  3. Without getting into the fine detail, I am the claimant in a small claim against an organisation and in this case a named person within the organisation as they hold a particular role as a sole person. The organisation are intending to defend the case and it will be one of their legal services people attending court in person. In the directions questionnaire the legal services person is named in section B and in section D3 they have indicated 1 witness including themself will be attending court. This witness has submitted a statement of evidence and the copy I have been provided is not signed or dated. I have two questions. 1) As it will be legal services attending court and they only indicated on the directions questionnaire that there is only 1 witness, does this mean that ONLY the statement or ONLY the legal services person can be heard by the judge ? 2) As the copy of the statement of evidence that I have been provided with is not signed, does that mean it is not valid (the person who wrote it is not attending court) or is it the copy of the statement lodged with the court (if signed) that decides this ?
  4. please help, case for expenses due not disputed, case to make a claim not disputed, case dismissed as not done on correct form using information of journeys completed eg post code to post code and dates. all information on electronic diary, no paper copy of visits used by any employee, accurate mileage claim relied on access to diary at work which was refused. My estimated amount discussed for over one hour, gave calculation of how I had got amount, ex employer asked to produce figure for court of their estimation of amount. case dismissed due to not applying on the correct form or producing post code details proof journeys. how can employer get away with knowingly agreeing to accept expenses claim when there intension was not allow access to do so in the manor they want it. The judge I fell did not exercise discretion, the claim should have been allowed and the amount only decided, really would like to appeal, the person left after bullying and this is the only thing she got out of raising the mater with district manager. She now has to repay overpayment of wages that she had originally thought her expenses. the judge himself, did disclose the firm he works for does work with this company but she was happy to go ahead, but I cant help feeling all the talk about the amount mislead her into thinking she would get an award of expenses
  5. We had a quote for some wedding decor at a wedding by an events organiser. A formal quote of £2,000 was agreed and this was emailed to us. We agreed to this and sent a £300 non-refundable deposit by bank transfer. The organiser then decided to raise the agreed price to £3,000. We then requested that we weren't going ahead any more as the agreement had been broken. Initially the contact agreed to refund the deposit but is now refusing. We have made alternative arrangements and our argument is simple. She broke the original agreement by demanding a higher price after we had paid the deposit. She then agreed to refund the deposit. The agreement had ended. She is now saying that the agreement is still in place and she can either deliver what we want for £2,000 or not go ahead but the deposit is non-refundable. We say that the deposit is only non-refundable if we had broken the agreement. We are not using her as we have made alternative arrangements. All of these discussions are on text messages. I now want to send a formal letter before court action demanding that the deposit is refunded as our agreement ended when she raised the price after we paid it and later agreed to refund the deposit. One thing I'm not sure about is who I would claim against in the small claims court if it went that far. The events organisation isn't a company. Can we still issue the claim against the organisation or will I have to sue the individual we are dealing with (the payment was made to an account in her name)? If we have to target the individual can we use the business address as we obviously don't know her personal address?
  6. In brief - We went to a local independent flooring company, wishing to purchase a wood floor. The owner talked us through the various products, came to our house to look at the area it was for, measured up, checked the subfloor etc. He then recommended a product for us, ordered it and arranged for "his team" to come out and fit. He arranged the day and time they were to come out and told us that we should pay them cash on the day. In the meantime, he took moisture readings, spoke to the manufacturer and also the manufacturer of the underfloor heating we'd had put down, to check what underlay might be needed. The floor was fitted by "his team" - his brother and another man. It subsequently failed 4 times in the course of a year. The first 2 attempts to remedy the problems were made by the fitters. After it went wrong the 3rd time, it came to light that the fitters and the company owner had parted company, so the company owner/supplier came out and attempted to repair it. The same thing happened again, and he came out again. At this point, the supplier offered us a replacement stair carpet for our trouble. We said that this was not necessary, but if the floor failed again, we would be seeking a refund. When it failed again, we requested our money back. The supplier agreed, minus fitting costs. When we argued, he withdrew his offer and offered us a replacement floor instead. We expressed our concern that we had no confidence he had the neccesary skills and knowledge to fit a floor, given our experience thus far. We then took advice from the CAB and wrote a letter before action, inviting the supplier to comment on what he believed to be the issue with the floor, and offering to go to mediation. He responded, trying to lay the blame on us with various spurious claims, including that the contracting of the fitters had nothing to do with him - since the receipt he issued clearly stated "supply only." We then wrote again, offering to have an expert inspection and report done on the floor, and asking that both parties share the cost in order to confirm what had caused the problems with the floor. He refused, saying the cost was too great in relation to the value of the floor. We once again gave him the opportunity to refund us, while warning him that he may be asked to pay the cost of the report, should we take our case to the small claims court and win. In order to ascertain whether we had a case, we had the expert inspection done. It found that the fitting was to blame for the issues, including inadequate moisture and humidity readings taken by the supplier. The expert contacted the supplier to find out exactly what prep he had carried out and the supplier told him. The report also queried the suitability of the product for the conditions of our property. Once again, we wrote to the supplier with details of the report's findings and requested a refund of both the flooring, fitting and cost of the report or we would have no choice but to take our case to the small claims. The supplier has not responded. We feel we have a strong case. However, our concern is that it may be thrown out on the basis that the receipt we were issued was for supply only. In the letters from the supplier, he does state that he tried to repair the floor on 2 occasions, hut says it was purely a good will gesture. However, he also states that he did the pre-fitting site visits and prep. So, what is our legal position regarding his responsibility for the fitting of the floor?
  7. Hi, I would appreciate any assistance. I had a couple of CC's years ago and lost my job for a year and 4 months. No repayments were made as i could'nt afford it and ended up getting into real dificulty financially. This was back in March 2009. I did receive demands for repayment for a while after i had defaulted and stupidly ignored them due to worry. Now i have received a small claim summons from sheriff court for £2400. Can anyone advise me if this is time barred as it has been over 6 years? And also what my options are? I would be gratefull for any good advice please.
  8. Hi, couldn't find an answer to this but apologies if this has been covered before.. I am the owner of a small business and I have purchased an item from a well known online retailer. I wish to return the item I have purchased due to it not being as advertised. they have told me that because I have purchased this for a business that the distance selling rules where the consumer is entitled to a cooling off period do not apply and I am not entitled to return this product for a refund. is this correct? Thanks C22
  9. Good Evening I am sure I have not posted about this actual debt before so wont get told off. I received a claim form from the court on 10th Feb from Lowell portfolio which I replied to and defended sayind I had asked for a cca and a sar which I had not received a reply to I have now today received a notice of proposed allocation to small claims track now I believe I just fill this in saying I case be referred to small claims mediation service what worries me is I did this with the form I received for a different debt next thinh I know the judge awarded for the claimant don't want to be in that situation again should I just go ahead fill this form in and wait or should I be writing to someone else MANY THANKS
  10. I am looking for a little bit of advise - the prices I have been quoted by solicitors are just astronomical and I really cannot afford them . I am self employed. I have checked with my pubic liability insurance and home insurance to see if I am covered for some legal help/representation but unfortunately not! Earlier this year I completed some work for a private LL, fitted and new kitchen, new bathroom, painted throughout and did some small extras. I completed the work to a high standard and on time. I even threw in a load of freebie work! The final bill was due (the LL paid instalments throughout) and suddenly the LL became un-contactable. Nearly 2 weeks later they finally got back to me saying they'd only pay me half of what was owing "as it was a reflection of the work completed". I had no warning of this and the LL didn't inform me of any problems. The amount owing is near to me is nearly 1k. I took the claim to a small claims, where she has presented a counter claim to the value of £1600 of, quite frankly, made up claims She is also using a solicitor and compiled a '120' page booklet of her counter claim - the dates, times and photo's are made up, inconsistent and just unfair. I have a video of the full property when my work was completed, dated photos and there really is no reason for her to withhold this money OR counterclaim. The fact is, I'm very nervous and could do with a few pointers/something strong and factual to point out in court. I would really appreciate some help and guidance.
  11. Hi, After some advice if anyone can help. It's very complicated - well, at least it is to me as I'm totally out of my depth! I'll try to be brief... Back in 2013 I was on JSA and totally, brutally, skint. I had a small pension with Standard Life, the current value at the time was 10k. I received a cold-call from a company offering me a way to transfer my pension and release 20% of the value immediately. I was 38 at the time and even I knew that this was probably a bit dodgy as 55 seemed to be the only age this was allowed. But because I was so poor I figured that £2k now and worry about the 18k in 17 years time! The fees they charged me were horrendous, but I got £1780 and to be honest it saved my life. Fast forward two years and I had a phone call from a genuinely nice guy at HMRC asking me why I hadn't filed tax returns for my "company"! Long story short, this pension release firm had set up a holding company for me and transferred my pension funds to it, they then bought £8k worth of shares in some crazy business - I had no knowledge about any of this. The guy at HMRC basically said, "don't worry, we come across mug-punters like you all the time, your only crime is being a thick idiot, but we will come after you for 40% tax on the full 10k unless you transfer the funds into a proper SSCP" ? I've got in contact with the original firm which handled the paperwork (interestingly it's not the same company which cold-called me - they were just acting as an introducer for their commission). Again, to be fair, this firm who handled the paperwork have got back to me and said there's still about £900 my "fictitious" (to me) holding company, and the 8k shares are real. So, I've got the original share certificate coming from the business I "bought" 8k shares in, and the firm have promised to send me a check for the £900 once "they have concluded business with HMRC as they've deregulated your small stakeholder pension fund". I hope the above makes sense, as it barely does to me. I guess my question is, IF I get sent a cheque for £900, and IF these shares turn out to be worth more than the paper they're written on and I sell them, then do I need to tell HMRC and pay 40% tax, or do I wait for them to ask for it in the fullness of time. I'm still on JSA. Thanks if anyone takes the time to make sense of the above. And please feel free to ask me more questions - I'll answer to the best of my ability.
  12. Hi there I am brand new to this forum so I'm looking for advice in regards to a matter that I have currently ongoing. Back in 2012 after I had gone overseas for a funeral, by my own admission I had forgotten to turn off the data on my phone so this at the time ran the bill I had with orange up to nearly £700 at the time. At first orange were willing to comprise and set up an agreement to get my phone back up but after telling me that I would need to pay nearly £500 just to get my phone back on, I refused as I couldn't afford that at the time and it made no financial sense me an orange eventually parted ways and I never heard from them for the rest of 2012 apart from the disconnection letter. Then from 2013 to about the beginning of this year I received around 7/8 letter in total from what I can count that were in relation to this matter but from different debt companies such as BDO Collections and eventually on to Lowell. From around June this year though, Lowell have been trying to get this matter to court pursuing me for the debt. They sent me a letter from Bryan Carter Solicitors saying they were looking to go to court over the matter and I replied back saying that because I have never had a debt with Lowell that they should not be pursuing me for this debt. Since then I got a letter from the Small Court Claim and Northampton Crown Court. I replied back to both letter saying I have never had a debt with Lowell directly and that I should not be going to court over a debt I am unaware of. Lowell have even gone to the lenghts of putting a default on my Credit Report (See Below), even though I have a default with Orange so it looks as if they are trying to give me a default on the same debt, which Im sure they cannot do. Other accounts LENDER BALANCEUPDATEDSTATUS Orange Brought To You By Ee £ 952 13/07/2015Default Nwb Current Accounts £ 0 05/07/2015Up to date Shop Direct Finance Company LTD £ 1,395 01/07/2015Up to date O2 Uk Limited £ 0 01/07/2015Up to date Lowell £ 1,403 21/06/2015Default Now I have received a letter this week saying that I have a hearing on the 8th October at County Court at Birmingham Civil Justice Centre, The Priory Courts. I am here for some advice in terms of what to do. I have been looking on numurous forums such as these and it seems what Lowell are doing is illegal in terms of trying to enforce a debt with people when the debt is not with them directly. Is there any good advice that you can give me in terms of going forward. Ideally I dont want to pay Lowell at all and think they are pretty much con artists when it comes to this. I have been told about mediation as well. Also will they be able to apply for an AOE from me if this goes all the way. I only thought that would apply in Child support cases and cases with a bank etc. I look forward to hearing your responses. Kind Regards in Advance.
  13. Hi, firstly thanks for reading my post. The reason for urgency is that today I received a letter giving me 7 days to reply. It is dated 1st May, today is the 8th! Lowells/ BW Legal originally tried to get money from me and I sent them the official template letter saying 'prove it'. They ran out of time. They have now started something different saying 'Notice of allocation to the Small Claims Track'. I am required by the court to complete Directions Questionnaire regarding settlement/Mediation. They have included in their letter a copy of my alleged Littlewoods account statement. And a credit agreement that is UNSIGNED!!! They STILL have not proved that I owe this debt. (The questionnaire also asks if I believe the small claims track is the appropriate track, if that is of any help) I need to email today. (its too late to post to court). If it helps here is some further information: -I last submitted my online defence on 3rd March 2015. They did not comply. No signed copy of agreement, no proof of debt being sold etc -There was no further contact between us until 8th April. -They are attempting to mediate. I don't know whether I should to the hearing or mediation or reject the small claims track attempt. I don't know what to put on the form Please help me! Thank you
  14. I am currently in a billing dispute with Hutchison 3G in Ireland. I'd like to get an opinion on this UK forum as there does not seem to be a similar forum in the ROI. The dispute began in May of this year, though its origins go back to April 2013. The details are as follows: • On 4th April, 2013 I spoke with Three’s Sales Team about purchasing a new Broadband account. I explained that I wanted to upgrade my account from the €21.99 I was paying to the new rate of €34.99. Three claims to have advised me that the old account number (8215453427) could only be cancelled after the new account was activated. Three claim I agreed to call back and get the cancellation processed, though I have no recollection of this. The old account remained active and invoices were issued by Three in relation to it, though the details of the account were never available online at My3. Nor were the details of my new broadband account. • Part of the confusion on my part in relation to the existence of these two broadband accounts was due to order of the figures on my bank statements. Any time I looked at these statements, which have numerous transactions over a monthly period, my broadband bill of €34.99 and my phone bill (also with Three, and which varied), were always deducted at the beginning of each month by direct debit. The old broadband figure of €21.99, which I somehow missed, was debited later in the month. • Three tells me that on 27th September, 2014, I spoke with their Collections Team and paid €21.99 by card to clear an outstanding payment on the old broadband account. This, they seem to imply, illustrates that I was aware of the existence of the account I thought had been cancelled. In fact, I assumed we were talking about the new broadband account for €34.99 I had ordered on April 4th the previous year. • Three also inform me that on the same day I also spoke with their Customer Service Team about the old broadband account as I needed assistance accessing it on My3. Again, I assumed we were talking about the new broadband account. And, as stated above, I was never able to access details of either broadband account on My3, only my phone bills. • On 15th May, 2015 I received a letter from Three, informing me of an increase from €21.99 to €24.99 on the old broadband account. I called Three’s Customer Service Team to find out why I was being charged this amount for broadband. As far as I knew, I was paying €34.99 monthly for line rental. It was then they informed me that the old account had never been cancelled, and that it had been active since I ordered the new one on 4th April, 2013. That is, over a period of two years. The total deducted on the old account during this time came to €502.84. • Since May 20th I have had seven telephone conversations on this matter, all of which I recorded. I had the last of these on July 28th. In three of those conversations (May 26th, June 26th, July 9th) I was told in no uncertain terms that the sum of €502.84 (Case no. 19929979) would be refunded to me within 21 working days. It transpired that the date of payment was constantly deferred, even though I was categorically told by Three’s Customer Service on July 9th that a refund had been approved on July 6th. This turned out to be a false pledge, and the debt was not honoured. • On July 28th I was finally informed by Three’s Costumer Service that because I had not confirmed the cancellation of the original broadband contract for €21.99 (as in, I had cancelled it but not confirmed it, as outlined above) their finance team deemed me to be culpable. I was then offered half the amount due (€251), though Customer Service could not promise that this would be honoured either since their finance team would again have the final decision. I rejected this and told them I expected a full refund. In written correspondence I received a bill from Three on June 24th, offering me the sum of €506.12 in credit (which included the refund sum of €502.84). Again I rejected this and said I expected a full refund. • I have sent two letters to Customer Care in Dublin (July 29th, August 14th) informing them that I intended to take my case to the small claims court. I received an email from their Executive Office Case Manager on August 12th, claiming that (as outlined above) I was culpable for not confirming the cancellation on my old broadband account. I replied on August 14th, telling them I would be initiating legal proceedings on Monday August 31st. There has been no communication since. • In relation to the recording of the telephone conversations in question, I informed all Three Customer Care personnel that I was doing so and to let their supervisors know about it. I did this so that, in the event of legal proceedings being necessary, I would be able to show precisely what was discussed. These recordings clearly detail the matters above, and show that I have been consistently misled by 3G on this matter. I have also made verbatim transcripts of these conversations. I basically want to know if I have grounds for a legal action. The weakness in my case clearly pertains to the fact that, if I received bank statements detailing all my transactions with Three, then I should have been aware of the continuing existence of the old account. I can only say that I did not expect to find it on those statements, and so I did not look for it. That Three would set up a new account without cancelling the old one as a matter of course - particularly after I had explained to them that it was for the purposes of an upgrade - appears to be a deceptive business practise at best, whether or not they claim I should have confirmed the cancellation. I was also, it seems, deliberately and consistently misled on the matter of a refund, which again shows how Three is so casually given to deceiving their customers. As it seems unlikely that Customer Service personnel would decide on such a ruse by themselves, it is hard not to conclude that they were instructed to lie by their superiors. Any advice welcome Ian
  15. Just wondering if any companies, like Sunny etc. offer small loans to people if they are on Universal Credit as their income? Also which company is easiest to apply to as they have never had credit before and so I do not think they have built up a good credit score therefore...(not because of any bad credit). Doesn't just want to try companies and fail as I think this will build bad credit... Thanks!
  16. Hi, I am looking for some advice regarding taking to DFS to the small claims court. I will briefly go over my story, so as not to bore you all with the details! Feb 14, Ordered a 'Guild' leather sofa from DFS which was 'supposed' to be pocket sprung, 3 seater and 2 single seaters - 3 months later the lovely sofa arrived (mid May). However, within 3 months we noticed that one of the seats on the 3 seater was 'sunken' - We reported this and an 'engineer' arrived within 2 or 3 weeks. His solution was to add more foam. Sound familiar? it was at this point that we realised it was not pocket sprung either. However, later that day, the seat was worse than ever and you felt like you were rolling into the middle. Reported it to DFS again at which point we had to arrange a visit with the store manager. Eventually he came to inspect the sofa and agreed that it wasn't right and that he would arrange for all new interiors to be replaced at the 'workshop'. Fast forward 2 months or so and the sofa was taken away and returned a week later. Immediately after sitting on it, it had sunk again and I would like to stress at this point my wife is a size 10 and weighs very little! Reported it to DFS again, at which point we had to arrange for another engineer to come and inspect it before they would take any further action....Another few weeks passes and the engineer comes out to confirm that it is faulty. We waited for the 'report' to go to the manager and eventually got offered a replacement sofa, but we would have to pay a 'usage fee' for our old sofa By now, I was somewhat annoyed and refused point blank to pay any usage fee! I just want this suite away and my money back. This was relayed to the area manager who then said that I could choose another sofa without any usage fee. Sorry, but I have had enough of DFS and just want my money back. The 'area manager' now responded by saying I can have my money back, but I would need to pay a usage fee of £300 for the use of the sofa for a year! - Errm, we have had the sofa 8 months, NOT 12 and it has been faulty since 3 months old! Do they have the right to charge a usage fee? Should I go down the small claims route? or should I try and do a chargeback via Barclays as I went with the interest free option? Personally I would like to go via the small claims and claim back loss of earnings and stress that these clowns have caused me! Any suggestions or advice appreciated.
  17. Hi all, I am looking for some advice please. If a non-UK resident landlord is not willing to return tenants deposit can the tenant use the small claims court to claim against them if they do not know the landlords address? The AST shows the landlords address as the same address as the rental property and this is not an address the landlord has lived at for 5 years. Can court papers be served to that address even if it is very unlikely the landlord will see them? I am confused about the rules for address for the defendant. How does it work if the papers are served to an address at which the defendant no longer lives? I have read that the papers automatically count as served a number of days after they are sent. How does this work if the address is wrong or old? I read that money claim online cannot be used for non UK addresses. Can you use the "normal" small claims or other court for non-UK addresses even if the amount is under £1500? Any help would be great. Thanks!
  18. Since privatisation of RM is it now possible to sue them in the County Court? For example - refusing to pay out on lost mail which has a valid Certificate of Posting or Registration receipt (in the case of overseas mail). Or for not providing the service paid for - such as signature on delivery in the case of Recorded Delivery. I'm getting fed up with the regular run around with feeble excuses such as 'it must have been delivered as the postman would have shoved in through the letter box' for RD items and so on.
  19. I SUCESSFULLY SUED PLUSNET/BT IN MY LOCAL COUNTY COURT ! In February 2014 I contacted PLUSNET to install a phone line & supply a modem & broadband at the new house I was moving to. I paid them £72.98, I received confirmation of my order (a contract ?)in the post the following day & 2 appointments were booked for a month later for the work to be done. I moved to my new house & waited, I took 11 hours off work unpaid to be at home for the BT Openreach engineers, but no one turned up, I tried to contact PLUSNET on my mobile several times only to be told I was in a queue & had to wait over 40 minutes, I also tried to contact them by using the local call box - again I was in a queue & would have to wait over 50 minutes. I wrote to PLUSNET to complain & demanded my £72.98 back plus my lost salary circa £400 including compensation for breach of contract & explicitly gave them 14 days to comply or I would take them to the small claims court, their response was to offer me a miserly £25 for my inconvenience & my money back if I formally asked for it, "HOW OUTRAGOUS!" So of course I made a claim through MYCOL the online small claims service, I offered mediation & waited for their response, NOTHING for approximately 12 months ! so a hearing date was set & surprise surprise I start to get phone calls & an offer in writing of £150 to settle this time from BT LEGAL. I now know that PLUSNET in their incompetence failed to book the 2 appointments with their parent company BT OPENREACH thus wasting my time & causing my financial loss. The case was heard on 03/07/2015, PLUSNET/BT didn't even bother to attend simply sending a letter, I had a very thorough, & severe but legally professional examination of my claim & my evidence by the justice I'm not going to mention his name) my award was just shy of £300 & they have until the 25th of July to pay. I shall keep you informed. I would urge anyone who has issues with utility companies be it water/gas/electricityor telecoms to do as I did & use the small claims court – that is what it is there for ! At the time of writing this BT have 5 CCJ’s against them dating back to 2011 (& now 6 with mine) this company & its subsidiaries simply don’t care if they break civil law – it’s time we ALL complain & use the courts to get justice. Eriko.
  20. My wife received Small Claims Summons recently and whilst debt is ours I have no way of knowing if the debt amount claimed for is correct or not.. .I have left this a little last minute as return date is 4th December however I wanted to run my intended actions by some of you guys for comment to ensure I am going about this the correct way. Santander is where the original debt lies but looks like they sold debt to Arrow Global.. .do I write to Santander or Arrow Global to get copy of agreement and statements OR Arrow Global OR their representing solicitors in Edinburgh ? Also want to know if there is any PPI on this as this too could affect the total debt sum. Whist writing to (whoever above will give me said info) my plan is to return the court small claims summons completed and on time stating I am disputing the amount claimed. My other questions are Do I submit a defence with the return paperwork to court stating I have requested the account info and finally when case does call am I allowed to attend as my wifes representative as she is way too scared to do do herself ! As always any help/views/comments you can provide will be very much welcomed. .thanks all.
  21. Hi everyone, i'd welcome some advice please. I joined Vodafone 8 months ago and have had no internet access ever since on my IPhone 6 despite paying for 4G. I have spoken with Vodafone customer service countless times, wasted many many hours, and been promissed lots of call backs that never happen. I have raised the issue over the phone, their web forum, twitter and through their CEOs office. Still no joy. I've been told I can have my contract ended and be given compensation, but then when I try they tell me I can't and that the best compensation they can give me is £25. I've now had enough and would welcome your thoughts on whether it's worth going down the small claims court route. Will they be able to insist Vodafone end my contract? Will they be able to set a more realistic level of compensation for my time and inconvenience? Is there anything else to be gained? Just to note, I spotted advice in other thread to contact Lee at vodafone and have just done that, but if he's unable to sort this out asap I want to know how best to progress. Thanks in advance Paul
  22. Any advice gratefully received. I had a contract lease hire car for 2 years from a company, when the car was returned I received a further bill for about £900 which I disputed however they proceeded to instruct solicitors to pursue the matter which they did through the Small Claims Track. Fast forward 2 years and they have now served a Notice of Discontinuance (N279) 7 days before we were due to attend court. As you can imagine I have spent a lot of time and some money preparing and filing court documents etc, but as I understand it I cannot claim any costs for wasted time. So is there anything I can do to recover any costs, can I claim for damages, or do I just smile knowing its cost them a lot more than me.
  23. Hi, Could someone please tell me which small claims court I would need to use. We sent our BMW Engine block to be remanufactured by a company called 1st choice engineering Ltd. Now I live in West Yorkshire and the company is based in Scotland. They are refusing to take my credit card as payment and demanding we pay via bank transfer. This was not made clear at the start of the contract and no terms were given to sign. So which courts would I issue a small claim through England or Scotland? One more thing... a new engine block would cost me around £3000 from BMW were as the remanufacturing of the old engine block was £1300 (which 1st choice engineering Ltd still have and will not release without payment), do I claim for the cost of new. Any help would be great.
  24. Hello folks, I have one small question which I was strugling to find an answer. I will leave Denmark in 10 days and I have a debt to a private company of fast loans named VIVUS.DK. The amount is around 450 euros. What happens if I just leave denmark and don't pay this debt ? Notice: I am not planning to come back to denmark soon. Thanks for any help !
  25. Hi just had a doorstep visit from debt collectors moorcroft my husband answered the door and nearly let her in i asked her to leave my property which she did no problem and just said she would put me down as a refusal i was just sorting out my ccas do i now send them to moorcroft or citicards
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