Jump to content


  • Tweets

  • Posts

    • The firm has benefited from the AI boom, making it the third-most valuable company in the US.View the full article
    • Former billionaire Hui Ka Yan has been fined and banned from the financial market for life.View the full article
    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
    • At a key lecture in the City of London, the shadow chancellor will also vow to reform the Treasury.View the full article
    • Despite controversy China's Temu is becoming a global online shopping force.View the full article
  • Recommended Topics

  • Our picks

    • 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
        • Like

Assistance Scottish small claim- productions


Douglas52
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6030 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I have a £180 claim agains RBS credit card.

RBS offered the difference between old and new charges prior to first hearing- this was refused.

RBS offered the full amount but no court fee, no interest, gagging clause and no removal of default. This was offered after first hearing but before the evidence hearing set for 4th October.

 

I have asked for interest, the court fee, no gagging order and removal of default notices.

 

Any help on productions would be greatly appreciated.

I have used the Govan Law Centre letter amended to suit my case. I guess I should submit the Treasury committee report where the RBS chairman made his statement and the credit card statements.

 

Are there any other documents I should use?

 

Does anyone think I should cite the chairman of RBS to get his evidence in court?!!!!$£*

 

I have won a case previously (against a firm of solicitors!) so I am reasonably calm about conducting the arguements on liquidated damages but a few pointers would help.

written entirely without prejudice to my whole rights and pleas in law and may not be founded upon in any proceedings.:lol:

Link to post
Share on other sites

I am not versed in the vagaries of the Scottish legal system, but I have asked someone who is to have a look at your post.

 

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

-------------------------------------------------------

LOOK! Free CAG Toolbar.

Follow link for more information.

 

------------------------------------------------------

Please donate,

Help us to help others.

 

 

LINKS....

 

Forum Rules.

FAQs....

Link to post
Share on other sites

I'm here, but it's late Douglas. I'll post something for you later :)

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Update

 

RBS solicitors on the phone- new offer:

 

They will pay my court fee £39

They will remove the gagging clause

They will pay interest but only from lodgement of the papers. (about £4.00)

 

They have refused to remove the default notices.

I have insisted they pay interest from the date of the wrongful charges but their (trainee) solicitor insisted that Scottish case law would only allow interest from the time that papers were lodged. Is this true or more smoke and mirrors? Can I insist on removal of the default?

 

I'm sticking to my guns at the moment.

written entirely without prejudice to my whole rights and pleas in law and may not be founded upon in any proceedings.:lol:

Link to post
Share on other sites

their (trainee) solicitor insisted that Scottish case law would only allow interest from the time that papers were lodged.

Their solicitor is refering to the law on contactual debt whereby interest can only be claimed from the date of judicial demand i.e. the date the party raises a court action.

 

Can I insist on removal of the default?

Yes if the default is as a direct result of the unlawful charges.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Thanks Rory.

New e-mail from the bank (quoted below)- they want me to provide Scottish case law to support my claim for interest from the date they wrongfully withheld the charges. Does anybody have the appropriate cases or is this just delaying tactics again or should I just accept the offer?

 

In order for your claim that interest should accrue from some other

>date to be successful it is likely that you will require to provide

>statutory authority and/or case law in support of your claim to the

>court. We would be willing to reconsider our position in the event that

>you are able to provide us with such authority in advance of the

>hearing.

written entirely without prejudice to my whole rights and pleas in law and may not be founded upon in any proceedings.:lol:

Link to post
Share on other sites

They are talking b*llocks and just trying to muddy the waters. You will get 8% from the day of the charge.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

I assume you have asked for interest at the annual rate of 8% plus judicial interest in your claim? Technically they are correct that judicial interest is only applied from the date of service, but you can ask for interest from the date of the charge as well.

 

Anyway, obviously the default is a sticking point as they don't want to remove it.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Thanks Rory, I've spoken to a solicitor who owes me one and he agrees. I rooted around the Law society's rules and dug up this stuff which I'm going to put to them-

 

I note the content of your e-mail.

 

I have taken legal advice which confirms my position on the recovery of

interest from the time when the money was wrongfully withheld.

 

Please be warned that your solicitors actions and those of your

'external solicitors' are governed by the Law Society of Scotland's code

of conduct. You have a statutory duty not only to your client but also

to the court, justice and the public in general.

 

Furthermore, the rules for Solicitor advocates state:

 

"6.The duty to the court

 

(1) Duties in relation to matters of law. Where a solicitor advocate is

aware of a previous decision binding on the court, or of a statutory

provision relevant to a point of law in issue, it is his duty to draw

that decision or provision to the attention of the court whether or not

it supports his argument and whether or not it has been referred to by

his opponent."

 

If I believe your actions and statements do not fully comply with the

word and intent of the code of conduct I will complain to the Society

over your actions. Further note that the Society has a procedure whereby

I can complain about the conduct of a solicitor even when I am not their

client.

 

Furthermore we reserve the right to refer to the contents of this email

if/when addressing the Law Society on the propriety of your statements.

 

Lets see what reaction this brings. By the way do you have a list of productions I could use?

 

Thanks for your help and advice.

  • Haha 1

written entirely without prejudice to my whole rights and pleas in law and may not be founded upon in any proceedings.:lol:

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...