Caravan site problem-asked to move after paying fees.

[buzby]

This is a Small Claims action, so these expenses will still be capped. I don't think there is any relevnce in it being 'a business' regarding the location of the case. With the banks etc, they are seen as 'national' and as such makes no odds. However, for a business that has just one location, it is usual to expect that any action would be taken at the defendants local court, I always do. Your advantage is that should they ben shown up for the chancers they are, the local judge will be even more on your side.

 

From the defenders PoV, it is useful to use any method to unsettle you - just take it in your stride!

[sailor sam]

Tad jacked off today. Received a letter from my local county court (Oldham) and have been told the case has been transfered to North Wales. Obviously at the request of the defendant. I was under the impression that as i was claiming against a business, the case would be in my home town as stated on the county court guidelines.

I now need to write to the court to stress my reasons for having the hearing held at Oldham but not too sure it will get transferred back??

 

In my experience somtimes the case will be transfered to a court wich is a mutual distance between the parties. I certainly think the applicant should request the venue court to be changed.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

[tiler1]

Hi

Have today received a General form of Judgement order requesting that i provide a statement setting out my reply to the allegations in the defence that the electrictity supply had been changed from 6 amp to 10 amp supply.

 

How much detail do i need to go into with this statement??? I will outline my main points but do i need to mention he has stated he searched my caravan / involved the police when i have proof he hasnt??

[Surfer01]

Thta is going to be difficult becasue at the time you had no idea it had been changed from 6amp to 10amp as you are not a electrician. Anyway in order to do the work the power would need to be cut off to enable someone to change the RCB. Have a word with a electrician to find out what would be involved.

Edited November 22, 2010 by Surfer01

[buzby]

Simply state the facts as requested, keep a separate note of your other issues, as these will be useful background to raise with the judge. It helps if the facts you state are not disputed, as they will be accepted as not in dispute.

 

I'm assuming the 10a breaker is outside your property, and therefore not under your direct control. As for the 'found' 6a breaker in your property, why on earth would you NOT have one as a spare? Unless he can prove that the breaker was the original one installed at his Distribution Point, then he's stuffed. As you bought the caravan complete with contents, and site hookup the owner should have used common sense and given you the benefit of the doubt. NOT claim you were responsible - and it is this, and the unfair treatment that you take issue with.

[Huff&Puff]

Anyway in order to do the work the power would need to be cut off to enable someone to change the RCB. Have a word with a electrician to find out what would be involved.

 

That is not true, I'm afraid. Any competent electrician could, and routinely would, change a circuit breaker on a live board. I've done it myself, literally hundreds of times.

[Dragons Dennis]

Huff is correct I'm afraid. It is advisable to cut the power, but far from essential. As long as you don't touch the live busbar there is no real risk of shock.

[Surfer01]

I would have thought that H & S would dictate to switch off the power as any accident would invalidate any public liability insurance. Anway as Huff pointed out, any COMPETENT electrician, so any one who is not a electrician would really be endangering their lives.

[Dragons Dennis]

Let me clarify this further then. ANYONE at all COULD change a CB with the power on to the live busbar. Anyone at all. However, even the most expert electrician would be very unwise to do so because of the possibility of accidental contact with the live busbar. In other words, you do not need to be a competant electrician to change the CB on a live board. You would need to be very brave/stupid however. Although this indeed common practice within the electrical industry (both my brothers are qualified electricians) it does not fall within H&S guidelines.

[tiler1]

Court date is now set to 9th March, just gathering evidence/statements to get them to the court and copies to the farm beforehand. Be interesting to see if i receive his evidence and what it contains!!

[tiler1]

Have forwarded all my documents to the court to be received by today and also sent copies to the other party. All sent recorded and will have arrived in time. I have not received documents from the other party and the deadline was today.

Whats my best course of action now, contact the court and let them know he has not sent me copies or wait till nearer the court date which is on 9th March to make it worse for him??

[Surfer01]

Good on you and hope ti turns out for the best. Hopefully someone will be along to advise about the court side of things, but if not I guess there is no harm in phoning the court for advice..

[mightymouse_69]

Tiller1,

 

You are not supposed to sit back and allow the directions to be ignored by the other party. You should contact the other party (by letter) reminding the other party of the directions that should be complied with. The letter should contain a a time limit for this to be done (7-14 days) and a reminder that should he fail to comply with the court's directions, you will consider applying to the court for an order (either to force compliance, for sanctions to be imposed on the party or both.)

[Conniff]

What happened in the court with this case tiler1 ??

[Conniff]

Amen

 

 

[finished now]