Little person BIG company

[disaster]

A person with no legal background, trying to have a refund from a big company.
Sent in complaints ignored
Pre court action letters ignored
(Trying not to go into specifics to give away personal details.)
Started small claims. Hearing one after being ignored I was up against a barrister. I discovered 101 things I have done wrong up to this point, fair enough, however if it had been painted out to me in the lat NINE months, I would have put it right (threatened with barristers costs).
The judge had no interest in the case, had not read a thing (taken me WEEKS to create the trail bundle)
Another hearing where a different judge was on the side of the big company.
I was told that I had had no right to complain, and I was wasting the courts time by bring the matter to court as, what I had received from the company as it was such a low amount (not to me on a very limited income!) I should have been grateful for anything provided by the company for the money I had paid.
On different points I raised, the judge mocked me, sided and defended the big company and the barrister kept sniggering.
I was told that I needed to amend paperwork (nightmare) however if I did I would be considered a liar, as I had changed the paperwork!

When I entered into this I was under the impression that small claims was for such things. Also for people on their own (cannot afford legal help) and the other side paid their costs.
From hearing 1 I have been threatened with costs, goodness knows what we are up to now with THREE hearings!

This all may be legal, and correct legal process but OMG it really does not feel 'just'

[echat11]

Hi Disaster

You won't be the only one who has been subjected to the 'vagaries' of the small claims court. To be 'blackmailed with costs, potentially deprives you of 'natural justice'. If you can give us a summary of the case, then we maybe able to give pointers.

[Scot22]

Sorry to hear of your troubles and your treatment has been disgraceful. Anyone who regularly watched Question Time will have heard Andy Burnham 's views on the legal system and how ordinary people struggle because of financial difficulty.
You might consider personal bankruptcy if costs are what I fear they might be.
You have been brave trying. Very best wishes and do let us know what happens. Access to the legal system is too often denied to the less well off.

[Scot22]

Just read echat11. Do take his offer. People like him , and this site, give marvellous help.

[disaster]

I am not sure how to write a summary without going into specifics. Words 'misspelt' to try and avoid searches ...
I noticed on another thread that costs cant be added to things under 10k?

I took my children on h01iday. Cost about £2ooo.
It was terrible, so many elements not right. 0vercrowding, terrib1e staff. Discriminati0n, not as advert1sed.
As I say my complaints were ignored.
I was out of time for ombudsman. Could not claim via cred1t card.

I have had many people look over it and all were appalled, minus the judges hearing the case!
Other legal people said I had a good case (but no help since then) however according to the last judge, no.
I was told I needed to amend the PoC, but had run out of HOW to, plus if I did, and then amended my witness statement, I was told by the judge that I would be seen as a 1iar as I would have changed it to prove the PoC.
(So I have just had not not do either.)

So as far as I can see I was in a catch 22, if I did amend things I would be seen as a 1iar, if I did not I will loose my case as I am not able to dot all the i's and cross all the t's.
Sigh!

[echat11]

People amend Particulars of Claim, Defence, Witness Statements all the time, they aren't called liars.

Barristers are basically 'wordsmiths' not much more.

Why could you not claim against the Credit Card company?

Has any of your insurance policies have legal expenses cover?

[jaguarsuk]

If you can demonstrate that the holiday was not as advertised then your claim is that pursuant to s.11 of the Consumer Right Act 2015 they are liable to you. This should have been the basis on which you claimed.

Really for anyone to actually help we are going to need to see the Particulars of Claim and the Defence with personal information removed.

If provided in images you don't have to worry about search engines indexing the content, they don't currently spider images for text.

[echat11]

If you can demonstrate that the holiday was not as advertised then your claim is that pursuant to 2.11 of the Consumer Right Act 2015 they are liable to you. This should have been the basis on which you claimed.

Really for anyone to actually help we are going to need to see the Particulars of Claim and the Defence with personal information removed.

If provided in images you don't have to worry about search engines indexing the content, they don't currently spider images for text.

Agree 100%, if if they were to find your thread / post, what exactly could they do?

[disaster]

The company refused to let me pay with my credit card as it is signature not pin. There fore I could not go that way.
Did not file an equality discrimination within 6 months so ...

House insurance wont help (they have an exclusion for EVERYTHING)

The judge specifically said I would be viewed as a liar if I changed anything.
So I have put that in a letter and sent it back for the next hearing having not changed anything just elaborated on a few things and defended myself.
The judge said that directing quoting from others on trip advisor was not proof, I should have screen shots of it all, so I have added those in.
(Everyone I spoke to said keep the witness statement factual and reduce waffle.)
This judge appears to have wanted a constant video footage to prove what I was saying.

I have stated not as advertised, I have stated not 'family' I have stated 'not wellbeing'
The barrister sniggered and made fun of the fact I would have liked to have joined in with activities!
the judge agreed!

[jaguarsuk]

I refer you to post #7

Reiterating information isn't going to change the fact that we cannot help you without seeing the Particulars of Claim and the Defence.

And in addition to that the Witness Statements and evidence of both parties.

[disaster]

Their claims manager wrote the witness statement. (These things I dont understand, they were not there but able to call me a liar and its accepted by a judge) ?!?!?!
They wont bring in any of the reps or staff
I even have written evidence from a rep about one of the incidences which happened proof that I complained, there and then, all have been ignored by company AND judges

[jaguarsuk]

I refer you to post #10.

[disaster]

post 10 mentions a witness statement - a claims handler who was not there wrote it, so how CAN it be a real witness statement?

[jaguarsuk]

post 10 mentions a witness statement - a claims handler who was not there wrote it, so how CAN it be a real witness statement?

All documents filed and served are relevant, without them nobody can give you the advice you are looking for here.

[disaster]

So the judge I had was lying.
Is there a process to follow to deal with that?

As it was in the barristers clients favour, and they were quiet, is that luck on their part, are they allowed to keep quiet if a judge lying suits them or should it have been reported?

I hoping a judge lying is generally not allowed / encouraged?