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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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    • 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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OFT SOGA online hub-useful info on SOGA for sellers-aimed at business but useful resource for consumers.


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Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 7 years later...

Need Legal Advice Against Abu Dhabi (UAE) Based Company for several default and fraud in the financial transactions

 

We want legal advice to take the legal action against Abu Dhabi based company. This company cheated with our company and made several default and fraud in the financial transactions between two companies.

 

They breached several agreements and taken over our intellectual property and proprietor software. We are explaining our story below so that legal advisor in this forum/website will give us the best legal advice and how to proceed against that company.

 

We, are a USA based C-type Corporation, registered since 2004 in the USA, and paying taxes and contributing to the growth of the country. To relinquish you a glimpse, we are engaged in the healthcare sphere where we provide health care audits, revenue collection management, coding, transcription, and information systems related services to the healthcare industry. We are entrenched in the USA presently working with very renowned practitioners and medical institutes.

 

On 14/05/2010, we entered into a channel partner agreement with M/s United American Medical Supplies (UMED) with principal business operations at M03, Mezzanine Floor, Jet Air Cargo Building, Khalidiya Street, Abu Dhabi Landmark: Behind Choithram Supermarket Zip Code: 7020 City of Abu Dhabi, UAE United Arab Emirates.

 

Mr. Matar Moh’d Ali Obaid Al Mheiri (Chairman & Director) of United American Medical Supplies (UMED), Abu Dhabi cheated with our company and made default and fraud in the financial transaction between two companies. He further breached the channel partner agreement and gainfully employed many of our employees deputed to UAE on various work assignments. He is also the Owner and Chairman of “Golden Standards Recruitment Services Abu Dhabi”, (UAE) and currently supplying manpower to various government and non-governments projects.

 

UMED responsibility were to take the order from the clients, maintain client relationship, and to collect order amount on our behalf. We were responsible for domain knowledge and deliverables. UMED was accountable to collect the money in local currency in their bank account and afterwards to transfer that money to our company in USD after deducting their share of 20% towards marketing and management fees.

 

From time to time, we deputed its several employees to M/s UMED working place to rendered M/s UMED services owing to the Channel Partner Agreement and for the conclusion of the work assigned to them. The employees and M/s UMED were legally bound to adhere the channel partner agreement and cannot violate any terms and conditions set forth in the agreement which was signed by both parties.

 

Many of our employees resigned from the employment from our company, and immediately joined M/s UMED. As per contract, any employee of we can’t join any of the clients or partners, also M/s UMED can’t hire them for a period of two years immediately following the end of employment term with us. Many employees still gainfully working with M/s UMED. The incident of gainfully hiring our employees has caused a great financial loss and mental agony to us.

 

M/s UMED didn’t stop at this point and gained the access to our company intellectual property through gainfully employing our employees. M/s UMED made unauthorized use of our intellectual property on various occasions and still keep on following the same practice. For the reason of such omission and commission, we suffered extreme financial losses which M/s UMED are liable to repay to us.

 

M/s UMED made several payment defaults and started controlling over the gain of the business that we are deriving from customers based in UAE. We were cheated by Mr. Matar Moh’d Ali Obaid Al Mheiri (Chairman & Director) of United American Medical Supplies (UMED), Abu Dhabi on payment defaults and control over the business gain for AED 3.31 Million in Abu Dhabi, UAE.

 

After making the multiple commitment on various dates to transfer the money, UMED did not transfer the money until date. Now, they are not answering our calls, emails and any request to transfer the money. In terribly clear words, UMED cheated our company and currently don’t have any intention to transfer money or to repay us for the financial losses.

 

We can offer all documentation, agreement, client testimony, records of the amount paid on various occasions for the visa, travelling, loading & boarding, local transportation for our company and UMED employees. We are able to additionally offer the evidence of amount transfer to our company by UMED in the past years.

 

Please advise what actions we can take against the Abu Dhabi based company and what are the chances of this kind of cases in UAE court.

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