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Hi, this is Jim, thank you very much for the question - I will do my best to resolve this for you today.
The onus is on him as the claimant to prove his loss. If he lies then you should defend the claim if he issues a small claim against you - the court will post the paperwork to you, you need to fill out the response pack and return it to the court as soon as possible. The claim is then defended and will take 6-9 months for it to be decided at court. If he wins, you then have 14 days to pay the judgment (and up to 30 days before it is registered with credit agencies). He can only claim the £1K, plus court fee which is £70 and interest which works out around 22 pence per day. If he lies in court, he faces contempt of court which means a likely fine and a prison term. You should write back to dispute his claim, tell him he is claiming inflated damages and to drop his case, or you will defend it if he issues a small claim.
I hope this helps - please feel free to ask me anything else.
Have a good day,Jim
Hi there, I see what you mean however you are a consumer, so have strong statutory rights - under the Consumer Rights Act 2015. So the service he offers must be as described and the terms clear - the court would be sympathetic to your situation, his less so. I think the best way to approach this is the fact he is lying, so if he issues a claim, put this in your defence (there is a section of the response pack where you can write a defence). I might be inclined to find any negative online reviews to see if this has happened to anyone else. It is worth defending though, based on your question. I can help with it going forwards if you need me to.
He can charge whatever is reasonable, but the court would look at his charge rates and compare to market rates, so whilst yes he could charge that, whether he recovers it is another matter. I don't see how the dash cam issue is an issue here - if it was compulsory then fine, but from looking at the terms it doesn't seem to be compulsory so my view is no, it wouldn't affect mattes here
Yes, it won't do him any favours to claim a sum for the existing issues and there is already evidence of that, so his claim will definitely come across as inflated - and liable to be struck out as an abuse of process with the court. Perhaps point this out to him if you feel the need to reply to his letter.
Yes, sounds like a good plan and remind him of the court's expectation that he avoids a court case if at all possible, litigation is seen as a last resort. You can do it by email, yes - an email trail is fine and can be used as evidence.
The photos should be date-stamped, otherwise it's his word and his job to convince the court the photos were taken when he said they were.
If the case reaches a final hearing, he can also claim £115 for the hearing fee but that's it - lawyers can't recover costs in a small claim, hence why no lawyer will work for a claimant on one unless they are paid privately. Yes a payment plan is an option if you lost, form N245 is sent to the court with a £50 fee
He needs to prove in all likelihood the photos were taken when he says they were. If there is no date stamp then he has to convince the judge. It will go in your favour you signed that in the dark, yes. It sounds like a situation where he took advantage of the situation so I would not be worrying about this, I have seen enough to say you have a good defence.
Hi there, the CCJ is only registered with credit agencies if it is unpaid for 30 days or more.
Thanks, ***** ***** will look bad on him from the court's perspective but you can't stop him issuing a claim unfortunately so you may be wasting your time. You need to defend the claim when you receive the papers from the court. When that happens if you have further questions, could you please a new one to the Just Answer site. Many thanks,