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I've been threatened with legal action for a non-disclosed penalty payment!

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  • #31
    Hi

    I've attached an update to your letter, just some small tweaks but feel free to amend as you wish and then fire it off and wait for a reply.

    Also, on a separate note, has the claimant got your home address? He will need it to serve the claim form and just wanted to prompt you that if you have moved since the dispute arose, you need to let me know in the letter your correct address for serving proceedings otherwise it may go to your old address.
    Attached Files
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

    Comment


    • #32
      Originally posted by R0b View Post
      Hi

      I've attached an update to your letter, just some small tweaks but feel free to amend as you wish and then fire it off and wait for a reply.

      Also, on a separate note, has the claimant got your home address? He will need it to serve the claim form and just wanted to prompt you that if you have moved since the dispute arose, you need to let me know in the letter your correct address for serving proceedings otherwise it may go to your old address.
      Again, many many thanks for this!

      I feel I should mention the email I received yesterday due to the fact it contains errors (IE I am still within the 30 day response period, referring to Fresh Law Ltd as solicitors, and stating that a CCJ will be held on my criminal record, and the full email ends with "We will see you in court"). While I am aware this information is indeed incorrect, I feel that it has been sent with malicious intent in a bullying manner, and it has certainly added significant stress and mental anguish to an already stressful situation. Since this whole situation has escalated I have required therapy sessions and am now back on medications I haven't used in years to help with the stress, worry and anxiety. He knows full well I am technically a vulnerable person as he is a former trauma counsellor.

      If you feel this will not help my argument then I am happy to leave it out and send it as it is. I simply cant see how anyone (solicitor or paralegal) could read it and feel their client has a reasonable chance of winning!

      Comment


      • #33
        Originally posted by R0b View Post
        Hi

        I've attached an update to your letter, just some small tweaks but feel free to amend as you wish and then fire it off and wait for a reply.

        Also, on a separate note, has the claimant got your home address? He will need it to serve the claim form and just wanted to prompt you that if you have moved since the dispute arose, you need to let me know in the letter your correct address for serving proceedings otherwise it may go to your old address.
        RE: Address. Yes, they have my current address.

        Comment


        • #34
          A quick update on this one: we sent the letter back to their "legal team" and shortly after received a letter from HMCTS regarding a money claim, so he had obviously decided to escalate it. The money claim again was full of inaccuracies so we immediately sent our response.

          We haven't heard anything since and it has now passed the 33 day response deadline. I have checked online and the status is "This claim has ended". Can anyone confirm if they have actually ended the claim or does this just mean it is suspended until they decide to reopen it to respond?

          Comment


          • #35
            Have you called the court, that would be the first step to verify what it means. I have not seen that language used before but based on what it says, it sounds like the claimant may have discontinued or decided not to proceed.
            If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
            - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
            LEGAL DISCLAIMER
            Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

            Comment


            • #36
              I've tried calling daily and have emailed, but the phones are busy and the emails are being ignored! I'll have to keep trying as I just want some closure here

              Comment


              • #37
                That is going to be the case with any government (under)funded service. Make sure you take a screenshot of the claim status page.
                Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                Comment


                • #38
                  I thought it was all over.. Silly me! They have agreed to mediation. To me, that would suggest they aren't as confident as they've made out to be or they would skip it a go straight to court. I really don't need this right now

                  Comment


                  • #39
                    To me, that would suggest that they are looking to find a way of avoiding the further hassle and expense if they can, and that they are open to a compromise settlement. It tells me nothing about their assessment of their chances of winning.
                    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                    Comment


                    • #40
                      What is the present status of the case? You previously said that it was shown as "this claim has ended".
                      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                      Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                      Comment


                      • #41
                        Originally posted by atticus View Post
                        What is the present status of the case? You previously said that it was shown as "this claim has ended".
                        It has now changed to "Claimant has rejected your admission of 1500".

                        The mediation email says I have to agree to 3 points; the first being "are you willing to negotiate and meet a compromise?"

                        My immediate response is no, as I will not be paying them a penny, but I'm wondering if my negotiation could be that I wont share my story or go to trading standards if they agree to drop the claim? I was hoping mediation was more of a pre-court thing where someone will hear both sides and advise on the potential for the claim being approved in court.

                        Comment


                        • #42
                          Mediation is negotiation, assisted/facilitated by a neutral third party. The mediator does not judge, although he or she may indicate reasons to consider adjusting a position.

                          But if you are not willing to compromise, but prefer to go to court - where you may lose and get a worse outcome - then mediation is not for you.
                          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                          Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                          Comment


                          • #43
                            Originally posted by atticus View Post
                            Mediation is negotiation, assisted/facilitated by a neutral third party. The mediator does not judge, although he or she may indicate reasons to consider adjusting a position.

                            But if you are not willing to compromise, but prefer to go to court - where you may lose and get a worse outcome - then mediation is not for you.
                            I'm yet to find anyone that can give a good reason for the contract to be in any way enforceable. He even admitted in his own summary that when the contract was brought up on the retreat, he agreed to discuss it further after the conclusion of the retreat so that I could fully enjoy it. At this point I had obviously not signed or even opened the contract which he was fully aware of.

                            My mediation call is today. I am simply not negotiating any form of payment, but will agree to sign an NDA about this "experience" and not pursue any form of counter claim or complaint to trading standards.

                            Comment


                            • #44
                              Originally posted by JamesT View Post

                              My mediation call is today. I am simply not negotiating any form of payment, but will agree to sign an NDA about this "experience" and not pursue any form of counter claim or complaint to trading standards.
                              I have been following this saga and just wanted to say Good Luck today - come back and let us know what happens please

                              Comment


                              • #45
                                Originally posted by R0b View Post
                                Have you called the court, that would be the first step to verify what it means. I have not seen that language used before but based on what it says, it sounds like the claimant may have discontinued or decided not to proceed.

                                Originally posted by atticus View Post
                                What is the present status of the case? You previously said that it was shown as "this claim has ended".
                                Today I received an email from HMCTS who have said that the status was an "error" and it shouldnt have stated that the claim had ended. This has obviously annoyed me somewhat as the obvious interpretation was that they had indeed ended the claim and I was able to move on from this, but instead the stress and anxiety has since returned. I appreciate that the whole service is underfunded and understaffed but someone had to manually change the status so it's incredibly frustrating that such a simple mistake was made but this has had repercussions on my mental health.

                                Comment

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