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Small Claims Advice


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Small Claims help.

 

This is a long story

 

Had a phone call last night (Monday) from a woman wanting to speak to the wife

i passed my wife the phone and put it on speakerphone.

(I Do that because of the wife's ill health,confusion and memory loss etc when talking she gets her conversations wrong)

 

its was a women from a shop who was asking for £700 for a new shop door

she mentioned a solicitor and small claims court

the alleged incident happened on Saturday evening she alleged the wife bumped into her shop door

with her mobility scooter causing some damage

 

the wife on the phone refused to pay £700 as we don't have that kind of cash

the women then said she could get the damage repaired by a friend of a friend of a friend

not questions asked if we give her £230

the wife refused and said take me to court.as she hadn't caused any damage

 

this is where today i start to investigate the situation

my wife was at a shop on Saturday

paying for some items and thinks during this time the lever on her scooter was caught

causing it to move forward a little.she says it did no damage to a door

 

she remembers a woman running and swearing at her saying you've RAMMED my door

the wife said she hadn't damaged the door and told her where to go.she has outbursts like this

and panic attacks when stressed etc.

 

now the wife's sister was with her but she didn't see the alleged incident but she says there was no damage to the door

she suggested the police be called which they did.now during the time they waited for the police to attended

a guy showed up after just a few minutes after the alleged incident happening and took the shop door off so by the time the police

showed up they couldn't see the door in place or any damage etc they assessed the situation and said the wife hadn't done anything criminal and left

 

 

I'm putting this up to get advice on what to do if we get court papers now the shop owner has contacted the wife

 

a few

Q.s

 

so What do i do now.

 

who was the guy who was handy with his tool bag at very short notice to remove the door

on a Saturday teatime should he have done that ? what about leaving the door in place for evidence ? the police might have wanted to see

 

this phone call came Monday evening the wife was down town Monday afternoon the same undamaged shop door is still being used

and the shop is open for business

 

I've have been to town today the shop has no new door or any visable i could see and whats interesting is the shop

isn't accessible with a scooter there's a step approx 100mm high and the shop front and door are approx 125-150mm set back of the step

a woman was outside the shop on a scooter she couldn't get in to the shop

our scooter is similar it wont go up this size of step to get near the door

and as far as i know the women hasn't suggested the scooter went in the shop so i cant see how it caused any damage if it did at all

 

i have spoken to the wife's sister today if she knows where this guy who removed the door came from she suggests he was all ready there working on the said door

 

when the woman who suggested to have the door fixed for £230 no questions asked is she after a fast buck

what about a receipt in this situation vat etc

 

the wife and her sister totally refute any damage

the wife's mobility scooter has no damage to the front or its flimsy fiberglass cover

i do know the shop it has heavy steel doors they would withstand a brush with a mobility scooter no problem if that happened at all

 

can i represent the wife she has recently been seriously ill on life support in hospital for 10 weeks

30 days of which she was ventilated on life support with severe septicemia and bacterial meningitis

this has left her with many problems she has confusion.memory loss.changed personality.she cant remember our grandkids

on occasions she will be going through rehab for years and years they say

she talks in riddles and forgets things all the time by next week she wont know anything about this

she cant do her own medication she needs someone with her all the time needs help with dressing washing etc

 

if she cant remember this incident would the court take this into consideration

 

 

i don't want to get a solicitor etc

the phone call upset the wife very much and she cant be doing with the stress

i don't know how the women got our telephone details unless it was from the police the wife did give police her details

 

 

Thanks in advance

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