Recent content by smallclaimsassistance

  1. smallclaimsassistance

    Can I sue my former employer?

    What are you asking questions here for? You appear to know more about the law than anyone else here. Either that, or you are asking for advice from experienced lawyers and refusing to accept the advice you have requested. Either way, if you think you have a legal case against your previous...
  2. smallclaimsassistance

    Employer’s Notice Clause in Contract

    Hi, Someone recently sent me a screenshot of 3 clauses in a contract sent to them by a new prospective employer. “Upon completion of the probation period, either of us can terminate your employment by giving written notice of 12 weeks.” “We may at our discretion terminate your employment...
  3. smallclaimsassistance

    Money Claim Address

    The Claim Form would have the address you selected both for issue and service. The defendant can change the address from which they can choose to engage, but they cannot retrospectively change the address at which the proceedings were issued and served. You may need to continue to communicate...
  4. smallclaimsassistance

    Tesco Refunds - is this a scam

    If you cannot readily establish that the “credit”, for want of a better word, is still available to you after rejecting items, this certainly looks very questionable. I suggest a letter to head office, requesting a satisfactory response within 7 days, in default of which you may consider seeing...
  5. smallclaimsassistance

    Consumer debt - help please

    Thanks to Andrew for the recommendation ?, but you'd have to pay me more than that just to kick it off, so for that reason I don't do low value cases - the time taken to do the work is disproportionate to the amounts claimed. @Mark T Jones however, I note you say that "She usually just ignores...
  6. smallclaimsassistance

    Court Claim Two Invoices

    PS: For some reason that link doesn't appear to be working - try this instead: Debt Pre Action Protocol
  7. smallclaimsassistance

    Court Claim Two Invoices

    Hi, In answer to your 3 questions- 1) - Yes, the courts encourage multiple causes of action in as few sets of proceedings as possible. 2) - How you proceed from here depends upon whether this customer is a consumer or a business. If it's a business, follow the post above. If it's a consumer...
  8. smallclaimsassistance

    Vehicle respray - satisfactory quality

    It will indeed need to say something along those lines, but you need to find someone who understands the requirements of Part 35 of the Civil Procedure Rules, is used to writing expert reports, and knows what must go into them. Specifically, the form and content of the report needs to comply...
  9. smallclaimsassistance

    Vehicle respray - satisfactory quality

    We all know, from our position as "lay" consumers, that this should not happen, possibly ever, and certainly not within 10 years or maybe more. BUT, as Kulture says, this is a matter of expert evidence. Without an expert report which looks at the work that was done, explains how it was...
  10. smallclaimsassistance

    Personal Injury Claims

    That may well be the case. I’ve been out of the industry for 7 years, so I’m not as up to date on the detail as I could be. I was answering your main question which seemed to be why should take a cut at all, if they recover their costs anyway (your “extension” example).
  11. smallclaimsassistance

    Personal Injury Claims

    I did this for years, and left my partnership 7 years ago because of the changes made. The changes to the civil litigation and funding rules meant that, in most cases, it’s now much more difficult to investigate a case properly, if you’re acting for the claimant. You don’t get paid for the work...
  12. smallclaimsassistance

    Claim against "wrong" Amazon company in Small Claims Court

    Sorry I am late to this. It depends on the specific circumstances of the case and the manner in which the case has been pleaded. The easiest way is to discontinue against the first defendant and issue against the correct defendant. Provided there is no or limited costs risk, this is the most...