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    • I suggested consideration of bankruptcy some years ago. It was not well received.
    • That is a superb WS. However, I have a few tweaks to suggest. In (2) "indicating" not "indication". I think to be consistent with your numbering, in (6) the Beavis case should be EXHIBIT 2. Do you really need to include over 100 pages of Beavis?  I think that would be likely to annoy the judge.  Just try and find the bit where they decide it was not a penalty due to having an interest in limiting the time that vehicles can stay. I'll have a look myself for this bit later as it's highly likely to be in WSs from PPCs who think that that paragraph means all their charges are valid always on every occasion. After your current (7) add this.  It's always useful to refer to a judgment when making a legal point - 8.  In the case PCM vs Bull, Claim No. B4GF26K6, where the Defendant was issued parking tickets for parking on private roads with signage stating “No parking at any time”, District Judge Glen in his final statement mentioned that: “the notice was prohibitive and didn’t communicate any offer of parking and that landowners may have claim in trespass, but that was not under consideration”.   In (14) if my maths are right the CPR request should be "EXHIBIT 3".  it is missing from your list of exhibits. In (16) the two figures should be £100 and £170.  They are entitled to increase fro,m £60 to £100, they are not entitled to increase to £170.  To make it clear for the judge I would write - 16. The Claimant has artificially inflated their claim for a £100 invoice to £170. This is simply a poor attempt to circumvent the legal costs cap at small claims. 17. The Claimant has also invented a second fictitious charge, for legal representative's costs, when they have no legal representative. You also need ot number your exhibits. The rest is excellent - well done.
    • Did you ever think of walking away? Become bankrupt and in 12 months it'll all be behind you. My feeling is that you may well get nothing from the sale of the property anyway. Going by the date this thread started it looks like eight years of arrears, lender's costs and receiver’s fees on top.
    • Just to clarify - I make use of evening legal clinics. It is not always possible to see a lawyer (they have limited time and days/week).  This means questions one has may never get answered or there's weeks between follow-ups.   To be really clear - I am representing myself; I am playing at being lawyer/ barrister - which means I take help wherever I can get it (and then research it thoroughly). Ae - a judge in a recent hearing pointed out the receiver is not part of my current proceedings - and suggested I have a separate claim v the receiver. Disclosure has presented damning evidence v the receiver  The receiver against whom I have a complaint is not part of the receiver governing body.   The receivership is in 2 names - a joint one.  My complaint is directed at whom I was told is the lead receiver.  The other named receiver IS a member of the governing body.  But he has now left the company.  And the lead receiver has retired - but is still a working consultant on my case.   All the evidence shows it was the 'lead' receiver who was doing all the  work/ the misbehaviour.   But if the appointment was 'joint' would I make a complaint against them both?    I am sure that wouldn't go down well with the other receiver who is at the beginning of his career. The law is very much against borrowers.   But the evidence against this receivership is crystal clear.   I just don't know how and to whom to complain.   The places I've tried so far don't offer much transparency       
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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In Spain if you are involved in an accident there is a space on the claim form for the other party to sign it and say that they agree with the accident circumstances as described.

 

It's brilliant because both drivers sign each others claim form to say that they agree with what has been said on that claim form regarding the accident circumstances. Insurers there will not accept a claim form until it has been signed by the other party which does add to the hassle of filling in the form in the first place but saves much more time in the future when someone decides to be less than truthful.

 

Personally I think it's a great idea and it should be adopted in this Country.

 

Mossy

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Well what if they continue to refuse to accept it? Does the claim just sit in limbo, or is there some form of arbitration?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

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The paperwork gets returned to the policyholder as 'incomplete', no claim file is started.

 

But the way it works in reality is that because both policyholders have to sign each others claim forms they meet up and complete both forms together, it's very rare that only one of them will have a claim form signed by the other party.

 

Result is that both insurance companies end up receiving claim forms that they know will not be contested at a later date.

 

Mossy

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What I mean is...what if the stories differ, and neither side is willing/able to sign?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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What I mean is...what if the stories differ, and neither side is willing/able to sign?

 

Oh that's where it gets really good and really comes into it's own.

 

The two policyholders 'sort it out' themselves, face to face. No hiding behind letters etc. They both know that it won't be dealt with until they have each agreed each others stated version of events so the truth really does out.

 

That's the beauty of it

 

Mossy

 

PS Remember they are only stating and agreeing the accident circumstances and NOT liability

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Hmmm....I agree, but it leaves itself open to abuse. What if I simply refuse to sign out of spite? If it was my fault, why not just refuse to sign always? Especially if no damage to my vehicle(or very little) and I was to blame?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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If you refuse to sign out of spite I imagine that the other person then starts becoming a pain in your arse (ringing you up, banging on your door, bringing big relatives around to 'have a word').

 

The innocent party is really not going to leave it in abeyance.

 

Apparently it works really well in practice over there (yeah I can imagine there are quite a few pre-signing disputes which the insurance company is unaware of)

 

Mossy

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The problem is that because the issue is transparent UNTIL the forms are signed, the reality is that exactly the situation I have mentioned could be happening left right and centre, and it is unquantifyable.

 

I agree in theory that it is a good idea, but realistically you are being a bit idealistic about it MC - for a party who is at fault, and with little damage to their own vehicle, there is NO incentive to sign, and NO ability to circumvent this(to your knowledge) - I think that this will be happening a great deal more than you think.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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The problem is that because the issue is transparent UNTIL the forms are signed, the reality is that exactly the situation I have mentioned could be happening left right and centre, and it is unquantifyable.

 

I agree in theory that it is a good idea, but realistically you are being a bit idealistic about it MC - for a party who is at fault, and with little damage to their own vehicle, there is NO incentive to sign, and NO ability to circumvent this(to your knowledge) - I think that this will be happening a great deal more than you think.

 

Ah sorry I see your point now, it's late remember ;)

 

I was saying I like the idea from the point of view of a claims handler because they don't get to know about the accident until both parties have agreed the circumstances, and then nobody suddenly changes their story. It makes it so much easier to sort out.

 

It may well be a nightmare for the person who can't get the form signed, but that's not the claims handlers problem since they don't see the form until it is complete.

 

I suppose they must have a contingency for exceptional circumstances though (ie the other party cannot sign this form because I battered him to death when he refused to sign my form etc)

 

Mossy

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No problem :)

 

I'm sure its great from your point of view mate :D its doing your job for you haha!!

 

Just think it could cause real issues for the genuinely innocent party.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Yeah seriously though there will be times when it isn't possible to get it signed (hospital cases or fatal accidents etc) and there is a provision for that, but I like it because it gets rid of those claims where at the time of the accident the guilty party admitted it and then later decided to change their story.

 

From what I understand they carry blank claim forms around in the car and if an accident occurs they fill them out there and then and sign each others.

 

Personally I like the image of big relatives or those with 'mafia' connections coming round to 'have a word'

 

Mossy

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:D:d:d

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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From what I understand they carry blank claim forms around in the car and if an accident occurs they fill them out there and then and sign each others.

 

It's called the European Accident Statement as is used across Europe - except here. This is an example of one printed in English, and here German and French. The questions are the same regardless of the language. It is multi-paged and carbonless, so it only has to be completed once and each driver takes a copy.

 

Personally I like the image of big relatives or those with 'mafia' connections coming round to 'have a word'

 

Mossy

 

this si what worries me about the Spanish system. An innocnet motorist being bullied into false admissions.

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