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

[needadvice1]

Yes I did want to issue later but I thought I might aswell get a start. By the way, do you think I'll be able to get the whole amount I am claiming for from them?

[legalpickle]

Yes I did want to issue later but I thought I might aswell get a start. By the way, do you think I'll be able to get the whole amount I am claiming for from them?

What do you mean by your question? Who knows? I can't say. There's always the risk you lose or that you don't get the money out of them even if you win. Nobody can tell you.

[needadvice1]

Hi Legal Pickle,

 

I've had a reply from Northampton CCBC, they say that I cannot have the case details because I am not a claimant or defendant. But they also say that I can submit an N244 application to request the information, to be judged by the District judge. This costs £40.

 

Does this sound right to you?

[legalpickle]

Hi Legal Pickle,

 

I've had a reply from Northampton CCBC, they say that I cannot have the case details because I am not a claimant or defendant. But they also say that I can submit an N244 application to request the information, to be judged by the District judge. This costs £40.

 

Does this sound right to you?

It could well be. I've never needed the claim forms of others before. I thought it was simpler, but it is logical. They always want to rip us off. They'd probably ask for 3x N244's, so you'd have to judge if it's worth £120. You may want to seek legal advice to see if you can get the copies of the claim forms filed without spending money.

[needadvice1]

Definitely seems like a money making ploy.

 

By the way Legal Pickle, what do you do for a living? If you don't mind me asking.

Edited July 12, 2009 by needadvice1

[legalpickle]

Definitely seems like a money making ploy.

 

By the way Legal Pickle, what do you do for a living? If you don't mind me asking.

Bits and bobs.

[needadvice1]

I see, so I'm in good hands then.

[needadvice1]

Still not word from them, by the way.

[legalpickle]

Still not word from them, by the way.

And is that supposed to be news?

 

I've already written in a previous post what you need to do to prepare court action if you want to sue them! Unless you say you receive something from them, we'll assume the obvious, i.e. that you haven't. You don't need to go stating the obvious for us! What do you take me for? Rodney Trotter?

[needadvice1]

Ok, so how do I go about issuing them with now Legal Pickle?

 

I assume i just need to fill in these forms...

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetLeaflet.do?court_leaflets_id=183

[legalpickle]

Ok, so how do I go about issuing them with now Legal Pickle?

 

I assume i just need to fill in these forms...

The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service -Forms and Guidance) is not available

No, not yet. Maybe you should first read my post of 9th July. I already told you where to start.

 

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.

[needadvice1]

But don't I issue first for £x, then if they want to go to court then start writing everything up?

 

Or in the issue do I have to detail everything?

[legalpickle]

But don't I issue first for £x, then if they want to go to court then start writing everything up?

 

Or in the issue do I have to detail everything?

Nope. You have to write the Particulars of Claim at the start, stating the reasons for your claim. If you just issue for some money without fully explaining the cause of action, they can get your claim struck out for not being fully particularized and claim costs in the process!

 

I'll advise you how to fill in the relevant form, and work out the interest for you, but first you need to prepare the Particulars of Claim, which I'll assist you in proofing, but do your best first.

[needadvice1]

Will do that.

 

Spoke to the bank today, they said they are going to try to claim under Section 75 of The Consumer Credit Act 1974. Apparently they are in talks at the moment with the retailer.

[legalpickle]

Will do that.

 

Spoke to the bank today, they said they are going to try to claim under Section 75 of The Consumer Credit Act 1974. Apparently they are in talks at the moment with the retailer.

Excuse me! You can't pursue two avenues simultaneously! It's called double claiming.

 

I thought the bank said they can't do anything. I thought you had paid in cash or debit card, not credit card.

 

Please clarify.

[needadvice1]

Now that I know that the bank are trying this route, I will not claim until I know the outcome.

 

I paid by credit card and the bank did say they can't do anything, but now they are saying they will trying to claim under The CCA 1974; I was just told on the phone today.

[legalpickle]

Now that I know that the bank are trying this route, I will not claim until I know the outcome.

 

I paid by credit card and the bank did say they can't do anything, but now they are saying they will trying to claim under The CCA 1974; I was just told on the phone today.

Did you pay everything by credit card? The bank will only claim what you paid by credit card, but they have joint & several liability with LITR for all consequential damages.

 

I suggest you write a letter to the bank advising them of all the damages, telling them you will hold them jointly & severally liable with LITR.

 

You should have said you paid by credit card from the start. It changes things.

[needadvice1]

I thought that one could only do a charge back if using a credit card, so I thought you'd make that connection. I was wrong obviously.

 

I paid £800 i.e. registration and course fees by credit card.

 

I will send a letter to HSBC advising them of all damages.

 

Anything else changed now that you know I used a credit card?

 

Thanks

[legalpickle]

I thought that one could only do a charge back if using a credit card, so I thought you'd make that connection. I was wrong obviously.

 

I paid £800 i.e. registration and course fees by credit card.

 

I will send a letter to HSBC advising them of all damages.

 

Anything else changed now that you know I used a credit card?

 

Thanks

A chargeback can be done by way of VISA Debit Card or any Credit Card. On the odd occasion some banks will do chargebacks with a Mastercard Debit Card, but that isn't a given.

 

They are jointly and severally liable for consequential damages under s75 of the Consumer Credit Act 1974. Send them a copy of the LBA you sent to LITR.

[needadvice1]

Thanks Legal Pickle, I'll post this tomorrow.

 

By the way, I'm not trying to take the mick or anything but it seems you have a good understanding of the law in theory and practice, that is why I am asking you the following.

 

My dad, about 6 months ago now, purchased a brand new diesel Jaguar XF Premium Luxury edition for about £42,000 cash. He has been having problems with it because the car is not suitable for people wanting to, for the most part, drive short distances at relatively low speeds. A mechanical fault occurs which would not occur had he purchased the petrol version.

 

He originally wanted the petrol version but was convinced by the salesman at the dealership to go for the diesel version because of the lower resale value. In order to fix the mechanical problem that the diesel version has i.e. the diesel particulate filter being clogged up, he would have to take the car on long drives e.g. for an hour or so keeping his speed above 50 mph, this is actually in the car manual aswell, so the manufacturer is aware of the problem.

 

The dealer is refusing to give my dad refund.

 

What do you suggest is the best action going forward?

 

Please let me know if you need any further information.

 

Thanks again!

[legalpickle]

Thanks Legal Pickle, I'll post this tomorrow.

 

By the way, I'm not trying to take the mick or anything but it seems you have a good understanding of the law in theory and practice, that is why I am asking you the following.

 

My dad, about 6 months ago now, purchased a brand new diesel Jaguar XF Premium Luxury edition for about £42,000 cash. He has been having problems with it because the car is not suitable for people wanting to, for the most part, drive short distances at relatively low speeds. A mechanical fault occurs which would not occur had he purchased the petrol version.

 

He originally wanted the petrol version but was convinced by the salesman at the dealership to go for the diesel version because of the lower resale value. In order to fix the mechanical problem that the diesel version has i.e. the diesel particulate filter being clogged up, he would have to take the car on long drives e.g. for an hour or so keeping his speed above 50 mph, this is actually in the car manual aswell, so the manufacturer is aware of the problem.

 

The dealer is refusing to give my dad refund.

 

What do you suggest is the best action going forward?

 

Please let me know if you need any further information.

 

Thanks again!

1. Please don't mix up cases. One case per thread please.

2. That is not my area of understanding. I am also extremely busy at the moment and do not believe I will find the time in the foreseeable future to help with such a claim.

3. Considering the vehicle cost of £42k, I would recommend against issuing any claim yourself, or your father on his own. If he loses he would almost certainly get a costs order against him, which could be several thousand pounds without batting an eyelid! I would recommend hiring a Solicitor with an expertise in this area.

4. From reading your post above, I believe it would be very difficult to prove the claim and considering the size of the claim, it is likely that the dealership (and finance company if purchased on finance) would fight it tooth & nail.

[needadvice1]

ok, he is looking for someone with expertise but cannot find anyone, can you recommend someone, or recommend the best place to look?

[legalpickle]

ok, he is looking for someone with expertise but cannot find anyone, can you recommend someone, or recommend the best place to look?

The Law Society - Home - Find a Solicitor. Search for one with expertise in Consumer Law in his area. Ask around. Call the major firms. The usual routes.

[needadvice1]

Re. my reply to HSBC;

 

Am I sending them a copy of the LBA addressed to HSBC, or literally just a copy of what I sent to LITR?

[legalpickle]

Re. my reply to HSBC;

 

Am I sending them a copy of the LBA addressed to HSBC, or literally just a copy of what I sent to LITR?

Address a letter to HSBC, and send them also a copy of what you sent to LITR, saying you sent the attached letter to them.