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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • 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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I want to visit Los Angeles next year with my partner and was looking at the visa forms. Do they usualy ask such weird questions like 'what is your mothers mothers name, what is your fathers fathers name, what is your maternal grandmothers name (which is the same as the first question etc?::confused:

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You just fill a Visa Waiver on the plane before you land. They do checks when you book the flight as you have to pay and fill in a Electronic System for Travel Authorization (ESTA)

 

It is very rare you have to get an actual Visa stamped in your passport via the Yank Embassy

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You just fill a Visa Waiver on the plane before you land. They do checks when you book the flight as you have to pay and fill in a Electronic System for Travel Authorization (ESTA)

 

It is very rare you have to get an actual Visa stamped in your passport via the Yank Embassy

 

Provided the OP is elegible for a Visa Waiver.

 

They (or someone in their travelling party)

i) may not be a UK national,

ii) may have a criminal record, making them ineligible for the Visa Waiver.....

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The yanks have no access to the UK Police National Computer to check Criminal Records unless the border agency in America ask you to sign a waiver.. The ESTA is used to check if you overstayed/deported etc or are on any international database such as international arrest warrants etc.

 

Though i agree you have to be a UK Citizen and the Visa waiver does ask if you have any criminal convictions. Tick no and they find out you will be in violation of that visa waiver and deported back to the UK.

 

If i rememebr correctly they call it "Moral Turpitude"

Edited by obiter dictum
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Though i agree you have to be a UK Citizen and the Visa waiver does ask if you have any criminal convictions. Tick no and they find out you will be in violation of that visa waiver and deported back to the UK.

 

 

And then ineligible for a visa (for quite some time)

and ineligible for the visa waiver (indefinitely, unless they change the rules) ........

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What if a UK National is covered under the Rehabiitation of Offenders Act. He can truthfully respond with NO to any previous convictions????

 

IIRC, the Yanks don't have ROA in their legal system. To this end I believe even spent convictions need to be declared. However, it's a while since I filled in my last ESTA and not being a convict I didn't spend too much time reading the notes accompanying those sections.

 

I also believe that Moral Turpitude applies to a number of offences when they are made more grievous. The example I recall seeing is battery. Beating your wife with your fists is a crime. Beating your wife with a bat or similar is a crime of moral turpitude and is treated more seriously.

 

Furthermore, I also recall that they ask if you have ever been ARRESTED for.... Etc.....

 

It's quite an interesting read and there is a list of such crimes somewhere on the Federal website.

 

The assertion that the only info the Yanks have is that posted on Interpol et al is quite correct. And, of course, anything they've learned during previous visits to the USA...

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What if a UK National is covered under the Rehabiitation of Offenders Act. He can truthfully respond with NO to any previous convictions????

 

ROA doesn't apply to US Ummigration law (in the same way that sometimes ROA doesn't come into effect for UK employment : things can be "exempt" from the provisions of ROA)

 

NACRO do have some useful info:

https://www.nacro.org.uk/resettlement-advice-service/support-for-individuals/travelling-abroad-and-immigration-to-the-uk/declaring-your-criminal-record-when-travelling-to-specific-countries/#us

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I want to visit Los Angeles next year with my partner and was looking at the visa forms. Do they usualy ask such weird questions like 'what is your mothers mothers name, what is your fathers fathers name, what is your maternal grandmothers name (which is the same as the first question etc?::confused:

 

Yes they do...just complete it and submit...job done....only take 5 mins to complete.

 

Andy

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Your offence will not be considered one of moral turpitude if:

  • You were under 18 when you committed the offence.
  • At least 5 years have elapsed since the date of your conviction or, where you were sentenced to a period of detention or imprisonment, at least 5 years have elapsed since the date of your release.
  • The maximum possible sentence for the offence was less than 12 months (regardless of the actual sentence you received) and you were sentenced to 6 months or less.

That is interesting, so you can say no to any ancient criminal convictions that fall under the above characteristics.

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If you're Muslim and trump gets voted in you won't be going anywhere 😅

 

Except he has to get it through both houses and he has zero chance of that happening. Even his own party has said theyll stop him.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Except he has to get it through both houses and he has zero chance of that happening. Even his own party has said theyll stop him.

 

God help the world if he became president.

These days everything is possible, remember brexit???

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Can still be impeached through their system. Or removed from office if he's incapable.

 

He's also hinting at pulling out of the un. North Korea ring a bell?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I want to visit Los Angeles next year with my partner and was looking at the visa forms. Do they usualy ask such weird questions like 'what is your mothers mothers name, what is your fathers fathers name, what is your maternal grandmothers name (which is the same as the first question etc?::confused:

 

Poor shortwoman..she only asked a simple question.:???:

 

Refer to Post#10

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Fill in the waiver form and you'll be fine. I went to Los Angeles in may for 3 weeks and the waiver took 2 mins to fill in and was authorised immediately.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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ROA doesn't apply to US Ummigration law (in the same way that sometimes ROA doesn't come into effect for UK employment : things can be "exempt" from the provisions of ROA)

 

Indeed, it applies only to UK companies and organisations. ROA doesn't apply anywhere outside the UK.

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  • 2 weeks later...
Your offence will not be considered one of moral turpitude if:

  • You were under 18 when you committed the offence.
  • At least 5 years have elapsed since the date of your conviction or, where you were sentenced to a period of detention or imprisonment, at least 5 years have elapsed since the date of your release.
  • The maximum possible sentence for the offence was less than 12 months (regardless of the actual sentence you received) and you were sentenced to 6 months or less.

That is interesting, so you can say no to any ancient criminal convictions that fall under the above characteristics.

 

Where did you get this information from please?

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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