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

[legalpickle]

Hi all,

 

Is anyone else able to help me with this as I am now losing sleep over this and am quite stressed out. Legal Pickle has been out of action for about a month now because he has been busy and riddled with internet problems.

 

Any help would be greatly appreciated.

 

Many thanks,

1. When the claim is filed, if the defendant's defend, there will be more work to do. I can't guarantee to be available to help with that work, so you should read up on how to go through the process.

 

2. I have an Assignment to submit on Monday. I have had a lot of work to do with that and other things. I will try to help you next week, but of course I have other things taking priority so no guarantees.

[needadvice1]

OK, thanks for the update LegalPickle.

 

Can you at least give me some direction or guidance in terms of what I've done wrong so I can try to improve the PoC myself?

 

Likewise, is anyone else able to do this? I am seriously stressed out about this now. I feel like I'm going to lose my money and have no hope of getting it back.

[legalpickle]

OK, thanks for the update LegalPickle.

No problem. Sorry for the delays.

 

Can you at least give me some direction or guidance in terms of what I've done wrong so I can try to improve the PoC myself?

At this stage it's best I do it myself, so you can see how it works, and next time hopefully they'll be less for me to do.

 

I prefer to work with people who learn as it's done than people who get others to do everything for them. As an example I recently helped 2 people on CAG. One case I only helped because I had time, but the person did hardly anything herself. I wrote EVERY document. The other case, the person drafted documents himself and by the end of the case there was barely anything for me to amend, because he took my comments on board.

 

If you learn as it is being done and take comments on board I will be more motivated to help. If nothing is taken on board and you make the same mistakes time and time again, I will feel I am wasting my time and only help when I am bored stiff!

 

Likewise, is anyone else able to do this?

If anybody else can help, please feel free. The more the merrier.

 

I am seriously stressed out about this now. I feel like I'm going to lose my money and have no hope of getting it back.

Don't get so stressed out! As far as losing your money, I can never offer a cast-iron guarantee that it's dead-cert you'll win and recover your money, but I can say I will do my best - if of course you do your best. Getting stressed out will just cause you more damage and work to the advantage of the defendants.

[needadvice1]

Thanks for the reply. Am I to understand from this that you feel I am not taking your comments on board?

 

I feel like I may lose my money because this issue has been going on for many many months now.

[legalpickle]

Thanks for the reply. Am I to understand from this that you feel I am not taking your comments on board?

Nope. I am just saying this for future reference.

 

I feel like I may lose my money because this issue has been going on for many many months now.

That's no reason! The statute of limitations is 6 years! Taking a few months to issue proceedings is not so long at all. Obviously the sooner proceedings are issued the better, but they can't defend a claim on the basis of you not issuing proceedings immediately! Such a defence would be thrown out! Stop panicking! It doesn't help anybody, especially not you!

[needadvice1]

OK, I just want this over you know. I want to move on with my life.

 

Please do get back to me with the reviewed PoC as soon as you can Legal Pickle.

 

Thanks again for you help.

 

I eagerly await your reply.

[needadvice1]

Hi Legal Pickle, I hope all is well.

 

Am I allowed to claim for time wasted due to my having to sue the defendant?

[legalpickle]

Hi Legal Pickle, I hope all is well.

 

Am I allowed to claim for time wasted due to my having to sue the defendant?

In small claims cases costs are only awarded when and if the claim reaches a final hearing, and if the Judge agrees that the Defendant/s have acted unreasonably in accordance with CPR 27.14[2][g]. This is rare. You cannot include such costs within the claim.

[needadvice1]

LegalPickle?

[needadvice1]

ok back to sleepless nights now LP, please help!

[needadvice1]

ok can anyone help please???????????????????? I don't know what's happened to Legal Pickle but I've had no contact for a while.

 

I'm VERY worried now, I feel like this is never going to come to fruition and I will lose approx. £1000!!!

[car2403]

This is a long thread - can you give a brief outline of where you are and what you need help with?

[needadvice1]

Hi, thanks for replying!

 

LP was going to review my POC about 2 months ago but hasn't done so as yet. I am looking for someone to kindly do this so that I can issue my claim.

 

I attached it in a previous post; it is named "Writeup 3rd draft edit.doc" and it is here...

 

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/199184-need-help-small-claims-9.html#post2355297

 

please can you help?

[car2403]

Those POC seem very complicated and I have to admit to not understanding a lot of it.

 

Some of the comments aren't appropriate for a Court claim - you've made some assumptions of their behaviour, which, I'm presuming, are allegations you can't back up as it's your opinion based on your experience, rather than facts.

 

The key in you POC is to state the cause of action, rather than all the detailed facts of the claim, outlining the law/precedent that you're relying on.

 

If I'm honest, you've done a lot of work on those POC, but they read more like a witness statement than a Particulars of claim. I'm wondering if this is why LP was struggling to keep up, as we're going in to detail that is unnecessary at this stage.

 

I'm not totally ofay with your situation, but perhaps looking around the forum to see what format other POC take - maybe looking at the bank charge reclaim templates - as an example, might get you back on track.

 

If you sent your LBA's some time ago - looks like 2 months since, to me - you may have to send another, to appear reasonable. In effect, you've told them that you would take Court action, then haven't, as you've waited for the POC to be clarified. Fair enough. It looks like you called their bluff and they didn't flinch. If you send another LBA, it might give you some time to review other POC examples before finally issuing at Court.

 

I'm sure others might chip in, as I've not been involved in a claim like this before, so might be talking tripe.

 

HTH.

[needadvice1]

Hi, thanks for the reply.

 

I am a bit confused about something you said;

 

"The key in you POC is to state the cause of action, rather than all the detailed facts of the claim, outlining the law/precedent that you're relying on." I don't understand this, please can you explain the difference?

 

If I were to send another LBA, it would be the third, that just seems slightly ridiculous to me, what do you think? Clearly they don't want to pay up, they haven't even sent a reply to the latest one.

[legalpickle]

needadvice1: I apologize for the delays. I haven't forgotten. I have been VERY busy. Fortunately or unfortunately - depending on how you look at it - my DLA (and severe disablement allowance) has stopped (even though I still have serious back pain, because it's relatively controlled is insufficient), meaning I am £500 down a month and have had to work like mad, even more so than previously.

 

I have not forgotten and have your draft on my computer, to finish off.

 

There has also been the Jewish New Year, Sunday night till Monday night is the Day of Atonement - the holiest day in the Jewish calendar & a 25 hour fast - and next week is the festival of Succot. Between all this I have been and am going to be more busy than you can imagine (unless you have a darned good imagination).

 

Because of this I have only helped those over the past few weeks on CAG that I have already started with and are under a time pressure due to having court proceedings issued already (court deadlines MUST be kept to).

 

Please answer the following questions:

1. Which is your local County Court?

2. If I finish the PoC and instructions on the following days, which will be the day you can file the claims in your local County Court?

a) Sunday 28th (tonight/tomorrow)

b) Tuesday 29th

c) Wednesday 30th

d) Thursday 1st

 

If anybody else has the time to help, feel free. If anybody has any constructive comments, also feel free.

 

I will say that I disagree with car2403. Once LBA's have been sent there is absolutely no reason to send them again, unless they have responded where one would be answering the responses. Also, the statement of facts that the OP has said in the PoC give background information that is very important to prove LITR's incompetence and liability for the claim.

 

Again, apologies for the delay. I will make substantial efforts to do it this week.

 

Do stop panicking though. It will only cause the case to eat you inside even more and make it even harder if you have to go to a hearing. There is a statute of limitations of 6 years (it doesn't apply to everything, but does to this and most cases), so waiting this long means absolutely nothing!

[needadvice1]

Hi LP, thanks for the reply, I respect your religious commitments, I do not wish to seem ungrateful or pushy and as you know, I just want to move on with my life.

 

Answers;

 

1. Not sure to be honest, how is this worked out? Is it the closest to your residence or where you choose to file the claim? I live in HA6 if that helps. I live very clsoe to Uxbridge, Harrow and Watford.

 

2. I'll file asap. I have no idea about how long it takes to fill in the forms etc but I will do them as quickly as possible.

 

PS; why has your allowance stopped?

Edited September 27, 2009 by needadvice1

[legalpickle]

Hi LP, thanks for the reply, I respect your religious commitments, I do not wish to seem ungrateful or pushy and as you know, I just want to move on with my life.

 

Answers;

 

1. Not sure to be honest, how is this worked out? Is it the closest to your residence or where you choose to file the claim? I live in HA6 if that helps. I live very clsoe to Uxbridge, Harrow and Watford.

 

2. I'll file asap. I have no idea about how long it takes to fill in the forms etc but I will do them as quickly as possible.

 

PS; why has your allowance stopped?

I will do my best to do it as quickly as I can.

 

It's your nearest County Court. Technically you can file it in any local County Court, but as you may have to go more than once, it's better to file it in your nearest County Court. According to a search on the net, the nearest County Court to HA6 is Watford, which is about 3.7 miles.

 

Not all towns have a County Court. Harrow doesn't have County Court, only Crown Court. There is a big difference and you need to file it at a County Court only.

 

Well, I'll be preparing the Particulars of Claim so that the only details you need to put in is your full name. I'll also prepare the N1, so you only need to fill in your name and address.

 

You'll need to print FOUR copies of everything (as you're suing TWO defendant's), sign each one in two places, and take them to the County Court counter desk with the court fee (either cheque made payable to HMCS or cash, NO debit or credit cards). Ask them to stamp them and that you want to serve them - SERVICE BY CLAIMANT. Ask them for the 2 response packs. Make sure you explain that there are TWO defendant's.

 

INSIST ON SERVING THEM YOURSELF, EVEN IF IT MEANS WAITING AT THE DESK FOR THEM TO PREPARE THEM! Some court staff are VERY efficient, but the other court staff are VERY inefficient, so if you let them serve them, where there are two defendant's, you are asking for trouble.

 

They'll then give you 3 of the claim forms stamped and sealed, together with 2 response packs. You'll then send one of the claim forms and one of the response packs, each, by SPECIAL DELIVERY to LITR & HSBC respectively and keep one stamped & sealed claim form for yourself. The other one will be kept by the court.

 

Once that's done, come back here and tell us that they've been filed and sent. Do NOT tell us the claim number, as that's confidential information.

 

I'll try to do it today, but I still have a lot to do today, so if I don't manage it's likely to be sometime between Monday night and Wednesday. I'll mark them for the next working day.

 

P.S. Read my post again. I wrote that you could say it's fortunate or unfortunate, depending on how you look at it. It's because I'm no longer as crippled as I was, and can walk without much assistance for reasonably short distances, so it isn't classed as disabled enough to get DLA, and by consequence severe disablement allowance, despite my back problems. So on the fortunate side, I'm not that crippled, but on the unfortunate side, I'm £500 down a month!

[needadvice1]

ok, thanks very much LP, I understand.

[legalpickle]

ok, thanks very much LP, I understand.

Just realized, made a mistake above. You'll also need to fill in your bank details in the Particulars of Claim because of HSBC. I'll point out where the gaps are when I post them up.

 

Edit:

Do you bank with HSBC? Or is the credit card just a credit card from HSBC and you bank elsewhere? This will affect the details you need to put in (you won't have to put in your whole credit card number, just the last 4 digits and the expiry date).

 

What's the official name of the Credit Card? For example: Capital One have several different names of credit cards, like "Indulgence Mastercard". It should be on your credit card statement.

Edited September 27, 2009 by legalpickle
query for poc

[needadvice1]

That's fine, thanks

[legalpickle]

Seems I edited my post almost simultaneously to your last post, so I've posted up my edit here, so you see it.

 

Edit:

Do you bank with HSBC? Or is the credit card just a credit card from HSBC and you bank elsewhere? This will affect the details you need to put in (you won't have to put in your whole credit card number, just the last 4 digits and the expiry date).

 

What's the official name of the Credit Card? For example: Capital One have several different names of credit cards, like "Indulgence Mastercard". It should be on your credit card statement.

[needadvice1]

HSBC are my main back, so I have a savings account, a currect account with a debit card and a credit card with them.

 

The credit card is the HSBC Premier Mastercard. All of my accounts are of "Premier" status.

 

I think once this is over, I'll have to empty all of my bank accounts in one day and put all my money in NatWest just to annoy them! The eay they have treated me is shocking, especially as a Premier customer.

[legalpickle]

HSBC are my main back, so I have a savings account, a currect account with a debit card and a credit card with them.

 

The credit card is the HSBC Premier Mastercard. All of my accounts are of "Premier" status.

 

I think once this is over, I'll have to empty all of my bank accounts in one day and put all my money in NatWest just to annoy them! The eay they have treated me is shocking, especially as a Premier customer.

Sorry for being so harsh, but please learn how to write. If you write anything that way in court documents it won't work in your favour!

 

Horribly Slow Bank Clerks, National Waste, Lloyds The S/h/i/t Bank, Royal B/u/l/l/S/h/i/t.... They're all just as bad!

[needadvice1]

LOL yes fair enough, I would double and tripple check anything I send to them as a final draft though.