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| | | | | | Welcome to The Consumer Action Group
and
The Bank Action Group
Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund.
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To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.
Why don't you come and introduce yourself in the Welcome section at the top of the forum. Then have a look around the rest of it.
Do not post or start claiming until you have read the entire FAQ section and step by step guides and you have a good basic idea of what to do and of the layout of the forum.
Good luck claiming your bank charges. We strongly suggest that you register under a UserID and not your own name |  | | 
21st August 2008, 01:45
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#61 (permalink)
| | Platinum Account Customer |  Re: Deposit to test drive - refusing to refund *WON IN COURT*
Quote:
Originally Posted by JonCris  Like I stated earlier CPR13 none delivery/receipt has been revoked therefore & provided the documents & judgment were sent to the last known address it is no longer an argument that can be used to have a judgment set aside |
Nope, you stated that CPR 13 has been revoked, without mentioning a specific part of it.
That specific defence could not be used in this case as a defence has been filed, but not accepted. The basis of an application however is a reason why the judgment has not and/or should not be paid. If the defendant makes an application saying the judgment notice was not received - even if it was sent to the correct address - it is most likely that the judgment would be set aside.
The reason that this part of the CPR has been revoked is - to the best of my knowledge - because of a recent case where the judge's in the Court of Appeal or House of Lords stated that as the documents had been sent to the last known address, that in itself was not sufficient reason to set aside the judgment. However the judge's can still exercise discretion as to the reasons for setting aside a judgment and have been known - so as not to prejudice against a party - to set aside judgment for such a reason.
Whilst the debtor would still have to pay the debt within a month to keep it off their record, it would cause the OP more hassle in dealing with the matter for which the OP is unlikely to recover costs. Furthermore, as JonCris is so in touch with the legal press he will be aware that judge's have been known to criticize the parties behaviour - such a criticism could cause troubles, so it is best to act 100% above board, or only below board where you can't get caught out. | 
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21st August 2008, 18:11
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#63 (permalink)
| | Platinum Account Customer | Re: Deposit to test drive - refusing to refund *WON IN COURT*
Quote:
Originally Posted by JonCris Couldn't agree more & as for behaving ABOVE board one should never ever advocate lying as a means to end in matters of a criminal nature |
JonCris: You have a habit of not reading my posts in their entirety and commenting immaturely and with snide remarks against the part of the posts that you do read. Please stop. If you have anything personal against me, take it up with me by PM - which has been mentioned in another thread, by Janet-M I believe - that you have not done till now. If you do I will be happy to argue as much as necessary, but there is no need to ruin other people's threads with your arguments with me - which I will feel compelled to respond to. The irony here is that you were the one who recommended the Stat Demand, so you are now agreeing with me and recommending against it? Thanks for the compliments.
I was saying that where there is a risk of being caught out, don't do it. Only do anything not completely above board if there is no risk as such of it backfiring on you.
JonCris: I am sure you're not 100% innocent and have done something on the odd occasion that was not entirely honest. Either that or you're a saint  The only difference is I admit it when prompted.
Last edited by legalpickle; 21st August 2008 at 18:12.
Reason: typo
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21st August 2008, 18:25
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#64 (permalink)
| | Site Team | Re: Deposit to test drive - refusing to refund *WON IN COURT*
Yes- Saint JC......
__________________ Halifax ; First and easiest of the lot. Royal Bank Scot; 1 done 1 stayed Telewest Broadband.......Won ..after 2 bounced cheques and them running out of time. Barclays Business;.1 won Round 2 limitation hearing.DEC 08 Citi Cards.Stayed;Stay lifted -hearing FEB09 Default removals;Rbs stayed Virgin media; Judgement by default. Vanquis;Looking for the hidden charges !
Swinton Insurance-LBA sent.
Please read up on posting.If in doubt-leave it out.
DONATIONS HELP US TO HELP YOU However large or small all go to ensuring that the site can continue in its fight for consumers.You can make a donation by paypal here;http://www.consumeractiongroup.c o.uk/donate.html
Advice offered by MARTIN3030 is without predjudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt ie; Cobbett Ltd. | 
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21st August 2008, 18:41
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#67 (permalink)
| | Platinum Account Customer | Re: Deposit to test drive - refusing to refund *WON IN COURT*
Quote:
Originally Posted by JonCris Me being snide. Irony I don't think you know the meaning of the word
Did you or did you not advise a member to lie to an employer in a criminal matter which would have meant attempting to pervert the course of justice?? |
Lie to an employer? You're confusing posts.
Read the posts and if you have criticism don't ruin other posters threads with it. | |
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21st August 2008, 18:47
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#68 (permalink)
| | Platinum Account Customer | Re: Deposit to test drive - refusing to refund *WON IN COURT*
Quote:
Originally Posted by JonCris I've just read you latest post.
No I have never suggested to a client that they lie to further their ends. Nor would I knowingly suborn perjury & take great exception to you implying otherwise.
In addition anyone in the legal profession advocating such a course of action would & should struck off. | I am not a Solicitor and have never claimed to be.
I never spoke about advising clients, and this is the first you have mentioned of "clients".
I highly doubt you have never lied or told a white lie, in fact I would find it impossible to believe if you claimed to have never lied or told a white lie.
I would also find it very difficult to believe that you have never ever [in your whole life] told somebody privately to make up an excuse.
Now can we please get the thread back on topic? If you have a personal problem with me then please PM me otherwise leave it alone for the sake of the OP. | |
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17th September 2008, 17:24
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#73 (permalink)
| | Site Team | Re: Deposit to test drive - refusing to refund *WON IN COURT*
Nice one Joe - welcome to the consumer revolution!!! 
__________________ .. The Consumer Action Group is being sued for libel. . Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
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Reclaim the Right Ltd. - reg.05783665 in the UK
reg. office:- 923 Finchley Road,
London,
NW11 7PE
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All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. 
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