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    • Post Office scandal expert Moorhead predicts solicitor strike-offs Richard Moorhead, professor of law and professional ethics at the University of Exeter and a prolific writer on the Horizon scandal, said it was ‘highly likely’ that people would be removed from the profession. He added that he also expects one or two individuals to face criminal prosecutions. He was ‘cautiously supportive’ of the Solicitors Regulation Authority's position of waiting until the public inquiry has finished before taking any decisions on disciplinary proceedings, saying the regulator has been doing a lot of investigatory work behind the scenes. But Moorhead said the SRA should provide ‘greater clarity and detail’ about what it is doing currently.   Professor Richard Moorhead predicts strike-offs over Post Office Horizon scandal | Law Gazette WWW.LAWGAZETTE.CO.UK Lawyers have been 'everywhere' in the scandal, Professor Richard Moorhead tells legal ethics conference.
    • If this goes to court, you'll be asked to declare your earnings. Any fine is a percentage of what you earn per week.  
    • Hi Dx, HB can you share the link of Tireddodo's case thread , may be i can learn something from there?  
    • As i don't have any mitigating circumstances other than trying to save pennies, will they fine me to the maximum? What is the maximum fine they will impose? I honestly don't know how many times i use it.  I will get a criminal record which means i can't find another job? Will they prosecute my partner?   
    • Yes. They won't inform your employer but you may need to. You need to check what it says iin your employment contract. I don't think it usually causes huge problems for most people. HB
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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.

      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.

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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.
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      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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When is a tiled floor a "set of tiles"?


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Answer: When you drop an iron on one and need to make a claim.

 

Ridiculous as it may seem flooring is only flooring if it goes wall to wall.

 

Otherwise its a 'set' and the insurance company will only pay to replace the damaged tile and not the whole 'set'!

 

Be warned this also goes for a set of a three piece suit or a set of a bathroom suite.

 

So just check if your policy states that "the insurer will not pay the cost of replacing or repairing any undamaged parts of the buildings which form a pair,SET,suite or part of a common design or function when the loss or damage is restricted to a clearly definable area or to a specific part"

 

Fortunately there is hope.

 

After speaking with the Financial Ombudsman Service, who apparently deal with this type of situation regularly, they have come to a compromise and if you are unable to match or replace the item then you are entitled to receive 50% of the entire bill.

 

The insurance company WILL be aware of this fact.

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This is pretty much standard practice for most home insurance policies.

If you find the advice I give is useful, then please feel free to click the scales :)

 

"It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt" :)

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there is, however, something I recall in motor insurance, though whether it wold apply to home insurance I do not know. It is a case that I handled.

A car owner had one of his alloy wheels damaged. He wanted a replacement alloy to match the remainder. The alloys were discontinued and none could be found. the insurer then offered the cost of one alloy, claiming that this was indemnifying him. The owner complained to me, and I agreed with his argument. So do the FOS when I was barred from doing what he wanted, resulting in a complaint to them.

 

Like I said, whether this would apply to the OP circumstances I don't know. It would really peeve off the insurance industry if it did. So if any working in claims could call the FOS helpine and put it to an advisor there to confirm, about 90% of the population would be very pleased!

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I had a very similar case today where a customer rang discuss renewing her policy and wanted to know if we would replace the whole bathroom suite if just one of the items was broken and couldn't be replaced. I checked our policy wording and it says that its not covered and we would only offer a settlement for the cost of the item from our suppliers.

Apparently some companies are offering 25% towards the cost of replacing the whole suite if this happens (This is the customer telling me this so how true it is i don't know).

 

DA

If you find the advice I give is useful, then please feel free to click the scales :)

 

"It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt" :)

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