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gertysingh

Wow how about an industry that rewards good behaviour?

gertysingh

Soooo - just to encourage those out there who dare.....everything is possible just as long as you have the time to show them their crime. It's a pretty long drawn out process where if you miss a court deadline the case could be struck out.

I found it useful to spend the time understanding and talking to as many knowledgeable people as possible (thanks MSE and other legal forums) to see what is possible (thanks to all those who provided opinions). There will of course be those who appear to set up barriers....but they are the folk who will help you see your blind spots. Take all negatives as positives to help you see underneath the stone (arcon5 - yes to time loss/proof of earnings)....unless it really is a closed minded statement from someone who has no clue (McKneff).

Of course the web is an amazing body of information. It does mean being OCD, late nights and your partner will probably get sick of hearing you talk about case laws and regulations you've learned as you try to reflect their relevance to your own case.

There is of course the bluff and double bluff game that will be played.....all good stuff to practice discernment.

So if you want to claim your PCN (Personal Claim Notice), remember it is a claim for wasting your time on an unjust speculative invoice that is backed up by Popla when you win.....and throughout all of this ALWAYS be professional and be nice.

The claim is now complete and I have some of their "pocket money" to help a couple of my favourite charities

Case settled at the 11th hour in claimants favour. :beer:

Coupon-mad

Well done gertysingh - glad you decided to tell others about your success. Any more details?

bazster

That's great, but don't anyone get carried away thinking Gertysingh has proved some important legal point. Many companies will settle small claims simply to avoid the cost and hassle of a court hearing. I suspect if they'd defended it GS would've lost given that the losses claimed were somewhat speculative.

The_Deep

McKneff wrote: »

Advice.... Move on.


You will get absolutely nowhere and are just wasting more and more of your time.


Get over it.....

I hope that not too many of your 32,000+ posts were as ill-advised as the above. Some people see the antics of PPCs as totally unacceptable and that action against them is the right thing to do, have you read Niemoller?

The_Deep

I have issued two claims, and both have been settled almost as soon as they were issued.

One, against Amazon was for "loss of bargain" when they advertised a TV set at a good price, took the money, issued contract documents and then tried to renege. I bought an identical set for £100+ elsewhere and claimed the difference.

The second against Fiat, who mucked me around with a new car, they eventually paid in full, but wanted a confidentiality clause, which I refused, the whole story is now on the 'net for eternity.

Umkomaas

The second against Fiat, who mucked me around with a new car, they eventually paid in full, but wanted a confidentiality clause, which I refused, the whole story is now on the 'net for eternity.

I bet you didn't get the same jip from Bentley, TD!

gertysingh

Bazster - the PCN I submitted was 5 times Ivor Percheque's amount. Just as the PPC's PCN has to prove their losses, I could prove what my time was worth and the time I had lost.....which on both I had been conservative with to consider what others had claimed before me!

However, yes it is possible the decision could have gone either way. My guess is the PPC didn't want to take the chance.

Additionally if it had gone my way, there would be a legal precedence for everyone to claim back from any PPC....as well as other large institutions. So it is possible that the PPC had hoped I would fail to submit court requests in time. When I had submitted everything in time, PPC perhaps thought it was best to settle and not risk opening up the jaws of PPC death.

Have BenefitMaster, da-rule and Ampersand all had the same result?

gertysingh

Coupon-mad wrote: »

Well done gertysingh - glad you decided to tell others about your success. Any more details?

CM, I was of 2 minds however with the abounding number of CCJ's and court claims being thrown out on this forum, decided to encourage the masses to take action for their own path. So yes I am all for counter claims and court action but the claimant has to grow up and better make darn sure they've clued themselves up and is able to take a potential loss if they decide to go forward with a claim (calculated @ 75 + 115 + defendant's expenses at 93/day - let's call it a round 300 for the lesson). After all a human being is making a judgment on what they've read!

.......of course a bit of chess is also useful and sometimes we have to give away something to gain a point.

Unfortunately this chess game ended in a draw!

So now someone else has to pick up the gauntlet....

bazster

Proving what your time is worth is irrelevant, you'd have to prove that you actually lost that money. And what about those 10% accountancy fees? Really? Did you actually pay an accountant then? Because if not, it's pure fiction.

Furthermore, you need grounds for your claim. You'd have to show that the defendant was in breach of a contract or that the defendant committed a tortious act or some such. Someone sending you an invoice you disagree with is not in itself grounds for a claim.

I don't think you'd have stood a chance in court. I don't know the detail of BenefitMaster's claim(which hasn't been heard yet) but since he understands the law I'd bet it's a lot better thought out than yours appears to have been.