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any pre action protocal

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  • any pre action protocal

    Hi,
    I had a contract to store a boat at a yard. Sometimes things get difficult for not obvious reason. I wished to sell the boat and pay the outstanding storage charges. I emailed and called them 9 times in two months informing I was to sell. no response. I found a buyer. he paid a deposit. we agreed a completion date. I informed the yard in 2 emails of the sale and date. called four times over the weekend for a bill and still not recieveda response. on the Monday of the sale I called at 9am to get a bill. I was torn in too . I was overcharged and told id lost it. The lady was so difficult and unhelpful I told her I would not be spoken to in such a way and most defiantly not lost my overcharge. she said well we will keep your boat. I could not sell until I had paid. but I could not pay.



    I called the buyer and cancelled the sale. Later I received an apology from the office. I found another buyer. they drove 140 miles to see the boat. they were refused access to it. for absolutely no reason. They wrote to me. stating in 50 years they had never met such unhelpful people.


    So I walked away. lost my boat. could not deal with them. To the point now.


    No request for payment. nothing. no letter no elail. no call or text. no letter before action. no pre action notice. no statement or demand.


    The yard submits a claim on line and the particulars of claim state despite chaseing.


    Is this an absolute abuse of the court system. from my prospective. if they had written to me. I could have given my position and a rsolution could have avoided a claim being submitted. however I cant do this know. I suspect class was part of the lack of desire to bill me in the knowledge they could hurt me by a claim. why do I think this. because they have been so bloody rude and difficult and who does not provide a settlement figure when someones trying to pay.

    I am trying to find out a courts view on pre action protocol.

    thank you

    steveeasy
    Tags: None

  • #2
    Re: any pre action protocal

    Do the yard still have your boat ?
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #3
      Re: any pre action protocal

      What stage have the court proceedings reached? The claim was issued at the end of November and you were considering a counterclaim.

      You were also willing to settle this by Mediation when I last posted on your other thread which details the history of the dispute here >

      http://legalbeagles.info/forums/show...l=1#post765667

      Perhaps the two threads could be merged to put things in context.

      There was a lien on the boat so you couldn't sell it until the storage costs had been paid, but for some reason you had not been given a correct invoice (is that still the case?).

      If you win this case you could ask the court to order costs against the Claimant as a sanction for not complying with Pre Action Protocol even though this claim is in the Small Claims Track (if it's been allocated yet) since it's for £1,500 or thereabouts.

      Di

      Comment


      • #4
        Re: any pre action protocal

        Originally posted by Diana M View Post
        What stage have the court proceedings reached? The claim was issued at the end of November and you were considering a counterclaim.

        You were also willing to settle this by Mediation when I last posted on your other thread which details the history of the dispute here >

        http://legalbeagles.info/forums/show...l=1#post765667

        Perhaps the two threads could be merged to put things in context.

        There was a lien on the boat so you couldn't sell it until the storage costs had been paid, but for some reason you had not been given a correct invoice (is that still the case?).

        If you win this case you could ask the court to order costs against the Claimant as a sanction for not complying with Pre Action Protocol even though this claim is in the Small Claims Track (if it's been allocated yet) since it's for £1,500 or thereabouts.

        Di
        Hi thank you for your response. yes that is correct I was not given a statement despite asking for one. I have not since received a request for any payment. no contact at all. I received the summons on the 29th November. did an acknowledgement of service. and wrote to the yard no response again. I intent to submit my defence online tomorrow. 28 days after the 3rd December.


        I was planning to highlight the lack of any chasing of debt.(as set out in their particulars of claim) no notice of intended action or response to my letter. I think the claimant although has a valid claim has chosen to use the court as a means to enforce it without absolutely any intention to follow pre action protocol. Pre action protocol is there for good reason and provides appropriate notice for each party.
        It seams an abuse to simply ignore any part of it without good reason.

        Steveeasy

        Comment


        • #5
          Re: any pre action protocal

          Originally posted by Amethyst View Post
          Do the yard still have your boat ?


          Hi Amethyst,
          thank you for your advice. Yes they still have my boat. It seams a good business model for them. while they keep it it incures more charges. I had sold it. I have had other people go to view it but been refused acess. Ive not been asked to move it. ive not been asked to settle an account. But the particulars of claim specifically state they have chased me.

          If they had chased me. id have provided my position. their action led to lose of sale. The buyer went to arrange taking over the boat and came out furious after speaking with them. his words were they scared him off.

          The next potential buyer said hed not met more unhelpful people in the 50 years he had been visiting yards.

          In essence they have been very difficult with me knowing they had the upper hand. all I would have expected of them was to give me a account to settle so I could have paid it and then completed the sale. I was told on completion day id lost my overcharge and tuff. if I did not pay it they would keep my boat. I don't think it was any where nr reasonable. I do have the apology. and letter from the potential buyer and his comments of them.

          thank you

          stphen

          Comment


          • #6
            Re: any pre action protocal

            Hi,
            Little update. Received the directions questionnaire and the claimants response. In the meantime a buyer enquired if he could view the boat as he was keen to purchase. So I wrote to the yard asking if they would consider allowing me to sell the boat and any sale money paid to them until a judgement was made. No response.

            So I cant sell or even get a response from the claimant. I was sure parties had to do all they could to limit their loses.


            Thank you

            Steveeasy

            Comment


            • #7
              Re: any pre action protocal

              Hi,
              I sent two emails to the claimant this week asking if they would allow me to sell my boat and pay them the funds until a judgement. I got a response saying I could let people look at the boat during normal hours they also said for the avoidance of doubt they did not offer a broakerage service. they did not answer thw question I asked.


              I sent a second email asking their normal working hours. no response.


              I would like to request the rude lady attewnd court as a witness to answer why she stated I had lost my incorrect charge. how can I do this. do I have to supener her to court.


              your advice would be appreciated.

              thank you

              steveeasy

              Comment


              • #8
                Originally posted by steveeasy View Post
                Re: any pre action protocal

                I sent two emails to the claimant this week asking if they would allow me to sell my boat and pay them the funds until a judgement. I got a response saying I could let people look at the boat during normal hours they also said for the avoidance of doubt they did not offer a broakerage service. they did not answer thw question I asked.


                I sent a second email asking their normal working hours. no response.


                I would like to request the rude lady attewnd court as a witness to answer why she stated I had lost my incorrect charge. how can I do this. do I have to supener her to court.

                First of all you need to complete the Directions Questionnaire and send it to the court by the deadline with a copy to the Claimant.

                If you sold the boat would there be sufficient funds to clear the amount claimed?

                If so and if the sale can be achieved prior to any final Hearing then they would not have a claim if you've paid it.

                Or if the sale was imminent then you could ask the court to adjourn the Hearing or stay the claim while the sale goes through if it appears likely to complete.

                If you tick *Yes* to free telephone Mediation on the DQ then this might be an opportunity to settle this matter without the need to proceed to a Hearing.

                From what you say there are personal issues as a result of perhaps bad feeling. Mediation can sometimes be a good way to resolve these problems.

                Does the contract you originally signed state the yard's opening hours?

                Di

                Comment

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