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Toque

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  1. Marstons have probably made a false declaration to the court. Yes you can. You also have good grounds for making a complaint to the Police that the Marstons person is guilty of Perverting the Course of Justice. Trying to push you into accepting a caution (ie admitting guilt), is disgraceful. You did the right thing in refusing to accept it. Make it clear to both the Police and to Marstons that you will continue to insist on it going to trial and that their person will be required to attend and will be put in the box. That should dim their enthusiasm a bit.
  2. Definately press on with the Small Claims Court. You can file online if you prefer. It's quite easy - just make sure that your present your case clearly.
  3. These vermin try to create a climate of fear. Well fear not ...
  4. Their evidence is a photograph that identifies neither you or the bike? Sheesh. Apart from the lack of a plate, does the bike in the photo look different? If it's clearly different, then problem solved. Let's face it - he's lying and not very convincingly either. Furthermore, as you were not there, where did he then get your number from? I have a feeling that there's a serious offence here. Are they on commission or incentive scheme? I would definately contest this in court and put him in the box. As for 'failing to give information re: drivers identity as required' , you have denied that you were there. If you weren't there, then how can you supply the drivers details? It's up to them to prove it - and they can't. No photo and the operator can't even describe the bike properly. As long as you are articulate and present a lucid defence, you should win.
  5. If, after you have told them of their error, they keep sending correspondence intended for someone else to your address, then that is an offence under the Data Protection Act. I had this problem for some time as the previous owners of my house had run up debts everywhere. I warned the companies concerned and was ignored, so I let them send more letters for a bit, and then reported them to ICO. That brought them squealing to a halt.
  6. Even if there are no T&C's stating a repayment timescale, the Court could impose them. A promise of repayment that extends indefinately into the future is unlikely to be regarded as reasonable. Note that if the friend gets wind of the fact that the business is effectively bust, she might apply for a winding up order. It might therefore be wise to pay her something, no matter how little, on a regular basis.
  7. As previously suggested, use a SAR to ask Orange for copies of every document relating or referring to you. That will include telephone conversations and all the correspondence that they have sent out. As these things go wrong so often, it's best to avoid doing anything like this (account transfers and so on) over the phone. If you do, either ask them for confirmation in writing, or follow it up in writing yourself, repeating the content of your telephone conversation (that's what solicitors do).
  8. I would be inclined to avoid emails as these things can vanish into the ether. Proving what was or wasn't sent is then a nightmare. It's best to do anything legal in writing. If it really matters, Recorded Delivery, otherwise Proof of Posting.
  9. Is that really company policy? Might be worth a letter to get them to confirm it. If they do, pass it to a national newspaper, thus enraging Scots everywhere and causing Tesco great embarrassment.
  10. The security guard is guilty of not one, but several assaults. It is even doubtful if the OP was banned at all - does he have that authority? Is he a store employee or the employee of an outside contractor? Unfortunately, there appears to be no corroborative evidence - which is why the police won't take it further. Either drop it, or complain (in writing, no phone calls or visits to the shop), threatening legal action. You might squeeze a voucher or two out of them. Anything further is now unlikely, given the lack of police involvement. It's not right, and it's not fair, but regrettably this is unlikely to go anywhere.
  11. The offence requires two elements. Actus Reus (AR - the action), and Mens Rea (MR - the guilty state of mind). You would plead absence of MR in that you were 'out of your mind' (diabetes, eating disorder). You should be represented. Point out that you are not and that this lack of organisation is a direct result of your problems. Ask for an adjournment, and then get a solicitor and a medical report.
  12. 'Volatile system' - that's a good way of describing it. These things are extremely unreliable. If I do use them, I make damned sure that I check the receipt before moving away.
  13. So, the child takes something whilst you are talking to the manager. How exactly did they suppose that you managed to steal the item? Did you go anywhere near the display where the item was? Did you go into the store and straight to the staff member who then called the manager? Were you with a member of staff all the time? How were you got into this small room? Was force, or the threat of force, used? Did you feel that they would use force? If so, this could be assault. If the manager had no cause to believe that you had stolen the item, yet made a complaint of theft against you to the police, this would certainly be perverting the course of justice.
  14. Think political. Such a dreadful bit of publicity for the local authority. Contact your local newspaper.
  15. Rereading it, I see that you are right - I was applying the one to the other. I failed to properly take in the bit about 'independent contractor'. PCT (the body that contracts with GP's) versus Hospital Trust.
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