won Claim for return of College fees-service not provided - now Suing for loss of earnings.

[needadvice1]

by the way, should I also send the LBA to his home address?

[legalpickle]

by the way, should I also send the LBA to his home address?

No. Why would you want to do that? A limited company is a exactly that, it is it's own entity and you can't enforce a debt against a director or any other officer of the company.

 

The only time a director may be compelled to be involved is if you have a CCJ against them and you issue an order to attend court to provide information, in which case the director must attend and a warrant for arrest can be issued against the director if he/she doesn't attend.

[needadvice1]

Please find LBA attached, let me know your thoughts.

Final LBA edit.doc

[Rooster-UK]

Attached file approved.

[legalpickle]

Attached file approved.

Ta.

 

Please find LBA attached, let me know your thoughts.

Not bad. I'm preparing an alternative letter now and will post it up as an attachment shortly.

 

Please can you save me going through the thread again by repeating;

1) The date you would have passed the course had they provided it as promised.

2) The date you will - all being well - pass the course with the new provider.

 

Also, we need to work out the fuel costs. I'll try searching on the web for this.

 

EDIT: Can you please repeat the following as well;

a) Dates you went to the course, that you're claiming parking costs for.

b) Date you paid the £800 to them.

c) Date you bought the books.

d) The post you wrote about petrol costs and the amount of miles & fuel you use for the trips.

Edited July 5, 2009 by legalpickle
more queries

[needadvice1]

Thanks Rooster

 

Thanks Legal Pickle, I worked out the petrol costs in the following way...it's not just a random number...

 

Re. fuel cost, based on 25MPG (=5.5 miles per litre of petrol based on 1 gallon being equal to 4.55 litres), the maximum for town driving for my car, means the cost of petrol was 14/5.5= 2.55 litres per trip.

 

So, 2.55 litres x 4 trips x 98p per litre minimum = £10

 

Date I WOULD have obtained the pay increase ( I assume this is what you would like to know rather than pass date) = 1st Aug 09

 

Date I WILL (all being well) obtain the pay increase = 1st Feb 2010

 

So it's exactly a 6 month gap.

 

My workings for the interest figure are as follows...

 

£2000/12 months= £166.67 pay increase per month

 

Compounding interest on this increase at 8% for 6 months=

 

( £166.67 x (1.08) ^ 6 months) - £166.67 =

 

£264.48 - £166.67 = £97.81 interest lost.

 

FYI "^" = "to the power"

Edited July 5, 2009 by needadvice1

[legalpickle]

Thanks Rooster

 

Thanks Legal Pickle, I worked out the petrol costs in the following way...it's not just a random number...

 

Re. fuel cost, based on 25MPG (=5.5 miles per litre of petrol based on 1 gallon being equal to 4.55 litres), the maximum for town driving for my car, means the cost of petrol was 14/5.5= 2.55 litres per trip.

 

So, 2.55 litres x 4 trips x 98p per litre minimum = £10

 

Date I WOULD have obtained the pay increase ( I assume this is what you would like to know rather than pass date) = 1st Aug 09

 

Date I WILL (all being well) obtain the pay increase = 1st Feb 09

 

So it's exactly a 6 month gap.

 

My workings for the interest figure are as follows...

 

£2000/12 months= £166.67 pay increase per month

 

Compounding interest on this increase at 8% for 6 months=

 

( £166.67 x (1.08) ^ 6 months) - £166.67 =

 

£264.48 - £166.67 = £97.81 interest lost.

 

FYI "^" = "to the power"

I didn't ask about the interest! You can't claim compound interest! I will work out the interest.

 

You didn't answer my edit. I was only asking for the dates and the petrol bit, nothing else.

[needadvice1]

Exam results come out 16 July 2009, so this is when I would know if I passed the exams I would have taken

 

Exam reults for next course would be around 16 Jan 2010, I cannot say for sure at the moment because the website does not say.

[legalpickle]

Exam results come out 16 July 2009, so this is when I would know if I passed the exams I would have taken

 

Exam reults for next course would be around 16 Jan 2010, I cannot say for sure at the moment because the website does not say.

PLEASE re-read my post! I'm asking for the dates requested after the 'EDIT'!

[needadvice1]

A) Classes :

 

24/01/09

31/01/09

07/02/09

14/02/09-Bad weather-no class

21/02/09-P7 class for 30 mins or so total then quit after episode

 

B) Date I paid the £800 is 24/01/09

 

C) I have the receipt at work but I'm 90% sure it was 07/02/09

 

D) Answered in previous post

[legalpickle]

A) Classes :

 

24/01/09

31/01/09

07/02/09

14/02/09-Bad weather-no class

21/02/09-P7 class for 30 mins or so total then quit after episode

 

B) Date I paid the £800 is 24/01/09

 

C) I have the receipt at work but I'm 90% sure it was 07/02/09

 

D) Answered in previous post

Thanks.

 

c) You started the course before having the books? Was this your fault or theirs? Did this in any way affect the course? Please confirm tomorrow that the date is correct.

 

Also above you write in the petrol post that you had 4 trips, but in the parking costs (£2 per trip) and above in the previous post you say you had 5 trips. How many were there?

 

Does your car use unleaded or diesel fuel?

Edited July 5, 2009 by legalpickle

[needadvice1]

C) Not really anyone's fault that I didn't have the books before the start of the course, however it was their fault that it took 2 weeks to get the books. I asked them on the day I paid to get me books, they said they would have them the next week but they did not. All of a sudden it became their policy to take payment before ordering books, so I paid them and got the books the next week (07/02/09).

 

It's 4 trips, I made a mistake with the parking.

 

My car uses unleaded.

[legalpickle]

C) Not really anyone's fault that I didn't have the books before the start of the course, however it was their fault that it took 2 weeks to get the books. I asked them on the day I paid to get me books, they said they would have them the next week but they did not. All of a sudden it became their policy to take payment before ordering books, so I paid them and got the books the next week (07/02/09).

 

It's 4 trips, I made a mistake with the parking.

 

My car uses unleaded.

 

You've given 5 dates! 24/01, 31/01, 07/02, 14/02 & 21/02. Please explain.

[needadvice1]

I explained in the original post containing the dates:

 

24/01/09

31/01/09

07/02/09

14/02/09-Bad weather-no class

21/02/09-P7 class for 30 mins or so total then quit after episode

The first three, classes as normal; 4th-no class; 5th-class for about 30 mins broken up into two parts, then I quit.

[legalpickle]

I explained in the original post containing the dates:

 

24/01/09

31/01/09

07/02/09

14/02/09-Bad weather-no class

21/02/09-P7 class for 30 mins or so total then quit after episode

 

The first three, classes as normal; 4th-no class; 5th-class for about 30 mins broken up into two parts, then I quit.

Sorry. My mistake.

 

Attached is the proposed LBA.

 

Also attached are the fuel price averages from the AA for January & February 2009. No need to attach them to the LBA, but you can use them as evidence for the court proceedings as to how much you're claiming for fuel.

lba-college thread.doc

Edited October 12, 2009 by legalpickle
AA fuel prices attached on page 14

[needadvice1]

thanks very much Legal Pickle, I'm sending these off today.

[needadvice1]

Re. the books receipt, my employer has this at head office as I had to submit it in order to claim is back on expenses related to work.

 

I will attempt to get the reciept back but in the event that I am not able to, can I submit my approved expense claim form to the courts as proof of purchase?

[legalpickle]

Re. the books receipt, my employer has this at head office as I had to submit it in order to claim is back on expenses related to work.

 

I will attempt to get the reciept back but in the event that I am not able to, can I submit my approved expense claim form to the courts as proof of purchase?

If you've already been paid for it, then it's called double claiming (which is fraud) to try and claim it again! It doesn't make a difference who's paid you for it.

[needadvice1]

Noooo, mate, I have refunded my employer. They will not pay for it as the course I will be takign at aprofessional college, includes the books in the price of the course.

 

So, I have not been paid for the books.

[legalpickle]

Noooo, mate, I have refunded my employer. They will not pay for it as the course I will be takign at aprofessional college, includes the books in the price of the course.

 

So, I have not been paid for the books.

But an expenses claim would show that you have been paid for the books and would confuse matters. It's probably best that unless you can get the receipt, you don't attach any of the receipts and only go through the hassle of explaining things if they defend.

[needadvice1]

I can show the approved expense claim form, my payslip showing me being paid the money, and then my payslip showing the money beign refunded.

 

This is the same for the tution fees.

[legalpickle]

I can show the approved expense claim form, my payslip showing me being paid the money, and then my payslip showing the money beign refunded.

 

This is the same for the tution fees.

Too complicated. If you're compelled to - i.e. if they defend - then fine, otherwise let's leave it. Try to find the books receipt nonetheless, if you do then it will be simpler.

[needadvice1]

OK, I'll try to get the receipt

[needadvice1]

I've had no communication from them LegalPickle. I think I should start preparing for legal action, what do you think?

[legalpickle]

I've had no communication from them LegalPickle. I think I should start preparing for legal action, what do you think?

If you sent the LBA off on 6th July, they wouldn't receive it till 7th July, now's only 9th July. I was under the impression you wanted to issue on 14th July.

 

Feel free to prepare now if you want. I'd start by preparing a breakdown of what happened and why you're claiming each amount, in numbered short paragraphs. For example:

 

1. At all material times the Defendant was a course provider.

2. On ... the Claimant signed up with the Defendant to go through a ... course.

3. The course would begin on ..., last ... and be for the hours of ... every ..., weekly.

And so on and so forth.