Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


+ Reply to Thread
Page 5 of 8 FirstFirst ... 3 4 5 6 7 ... LastLast
Results 81 to 100 of 158
  1. #81
    Royalties Account Holder unclebulgaria67 Highly authoritative unclebulgaria67 Highly authoritative unclebulgaria67 Highly authoritative unclebulgaria67 Highly authoritative unclebulgaria67 Highly authoritative unclebulgaria67 Highly authoritative unclebulgaria67 Highly authoritative unclebulgaria67 Highly authoritative unclebulgaria67 Highly authoritative unclebulgaria67 Highly authoritative unclebulgaria67 Highly authoritative unclebulgaria67's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Feb 2010
    Posts : 15,132 (5.36 post per day)

    Default Default Judgement Against Securitas Security Services

    You can oppose the set aside application, when it is made. On the basis that the court claim was sent to a business address you had dealings with. They received it and had opportunity to defend it. Then the most important part is do they have a defence against the particulars of claim that were issued.


  2. #82
    Gold Account Holder BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative



    Follow Real_CAG on Twitter
    Cagger since : Mar 2009
    Posts : 5,526 (1.75 post per day)

    Default Default Judgement Against Securitas Security Services

    Quote Originally Posted by unclebulgaria67 View Post
    Then the most important part is do they have a defence against the particulars of claim that were issued.
    I'm not sure Securitas is that bothered by having a defence / whether they have to pay the claim.

    I suspect they are more bothered by having a CCJ on the register.

    In that regard, whilst getting the claim set aside and them having a successful defence would be the best possible outcome for them, it may well be that what they are angling for instead is either:
    a) judgment set aside by consent (even if they then pay the judgment sum or more under a Tomlin order) or
    b) judgment set aside (not by consent), claim still lost by Securitas, but judgment sum for the reheard case paid before it reappears on the CCJ register.

    If what matters to the OP is the CCJ remaining on the register ; they should oppose any set aside application using the grounds set out previously.

    Quote Originally Posted by unclebulgaria67 View Post
    You can oppose the set aside application, when it is made.
    Precisely.


  3. #83
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    letsmakeamark Novitiate letsmakeamark's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Jul 2008
    Posts : 1,894 (0.56 post per day)

    Default Default Judgement Against Securitas Security Services

    Quote Originally Posted by BazzaS View Post
    I'm not sure Securitas is that bothered by having a defence / whether they have to pay the claim.

    I suspect they are more bothered by having a CCJ on the register.

    In that regard, whilst getting the claim set aside and them having a successful defence would be the best possible outcome for them, it may well be that what they are angling for instead is either:
    a) judgment set aside by consent (even if they then pay the judgment sum or more under a Tomlin order) or
    b) judgment set aside (not by consent), claim still lost by Securitas, but judgment sum for the reheard case paid before it reappears on the CCJ register.

    If what matters to the OP is the CCJ remaining on the register ; they should oppose any set aside application using the grounds set out previously.



    Precisely.
    The way I am looking at it is. 1 Nobody was interested in any correspondence before and after a claim formicon was issued. 2 Nobody gave a squat when I contacted them about the judgement. 3 Rather than talk to me the first i hear of this is through a intimidating letter from Thier solicitor. 4. Things would have not gone this far if they had taken note of what was being said before hand and dealt with this before it got to the issue subject. If this was me I would have been on it like a fly.

    I have put a few issues across to then. They have not taken a bit of interest in it. You know how it goes. Hence why I think this is done and dusted. However for one reason or another they have now sprung into action. Where were they before this ?


  4. #84
    Royalties Account Holder ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative



    Follow Real_CAG on Twitter
    Cagger since : Nov 2012
    Posts : 12,352 (6.77 post per day)

    Default Default Judgement Against Securitas Security Services

    in short, there is no live application for a set aside.
    Everyting else they say is just hot air. do not communicate with them other than via the courts if that actually arises.


  5. #85
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    letsmakeamark Novitiate letsmakeamark's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Jul 2008
    Posts : 1,894 (0.56 post per day)

    Default Default Judgement Against Securitas Security Services

    Securitas have now advertised for a employment lawyer.

    http://portals.securitas.uk.com/vaca...t%20Lawyer.PDF

    I hate bailiffs. Let me know if you have had a problem with them. I am sure i could upset them.
    Follows
    0
    Following
    0

  6. #86
    Royalties Account Holder ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative



    Follow Real_CAG on Twitter
    Cagger since : Nov 2012
    Posts : 12,352 (6.77 post per day)

    Default Default Judgement Against Securitas Security Services

    I would suggest that you look forward and not backwards. I doubt if this is entirely a new post so nothing can be read into it


  7. #87
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    letsmakeamark Novitiate letsmakeamark's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Jul 2008
    Posts : 1,894 (0.56 post per day)

    Default Default Judgement Against Securitas Security Services

    I am looking to the future.

    I hate bailiffs. Let me know if you have had a problem with them. I am sure i could upset them.
    Follows
    0
    Following
    0

  8. #88
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    letsmakeamark Novitiate letsmakeamark's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Jul 2008
    Posts : 1,894 (0.56 post per day)

    Default Default Judgement Against Securitas Security Services

    A set aside applicationI is now live. This was checked this morning. All i have been told is that it is a application to set aside.

    I hate bailiffs. Let me know if you have had a problem with them. I am sure i could upset them.
    Follows
    0
    Following
    0

  9. #89
    Gold Account Holder BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative



    Follow Real_CAG on Twitter
    Cagger since : Mar 2009
    Posts : 5,526 (1.75 post per day)

    Default Default Judgement Against Securitas Security Services

    Quote Originally Posted by letsmakeamark View Post
    A set aside applicationI is now live. This was checked this morning. All i have been told is that it is a application to set aside.
    Post up the application (redacted of personal details) when you receive it.
    It will be interesting to see if they are trying to claim a mandatory set-asideicon (unlikely!), or a discretionary one, and what grounds they claim.
    It will also be interesting to see if they are trying to claim their application was made 'promptly', or if they have not made any comment on this, as this is one of the grounds on which you could oppose a discretionary set-asideicon.

    If having a CCJ on the register is hurting them commercially, what they are aiming for might be to get the judgment set-aside so they can have the case heard ...... they might not be expecting to win (though they'll say they are, of course), but as a way of getting the judgment off the register, case reheard, and if they lose then judgment settled before it goes back on the register??.

    If this is the case, the commercial cost to them of a CCJ on the register may be significantly more than the legal costs they might incur, and an indicator of this would be if you find them wheeling out all sorts of legal big guns for what seems a relativity small (small claimsicon track) county courticon claim. (They are, of course, entitled to spend whatever they like on professional legal representation, even if they stand no chance of recovering that from you regardless of if they 'win' or 'lose' (due to it being on the small claims track) ... I just highlight it as a marker of what their intent may be .........)


  10. #90
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    obiter dictum Informative obiter dictum Informative obiter dictum Informative



    Follow Real_CAG on Twitter
    Cagger since : Oct 2013
    Posts : 2,545 (1.71 post per day)

    Default Default Judgement Against Securitas Security Services

    Am surprised they have not offered a financial incentive not to oppose the set aside applcaion


  11. #91
    Royalties Account Holder ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative



    Follow Real_CAG on Twitter
    Cagger since : Nov 2012
    Posts : 12,352 (6.77 post per day)

    Default Default Judgement Against Securitas Security Services

    these large companies think they can bulldoze over the small people and so do not take the matters seriously in that respect.


    They dont expect you to challenge this application so that should be the first thing you do when you get the opportunity.


    try and stop them from having it decided on the papers so you get the chance to say your piece as a judge will apply weight to the perceived honesty of the witness.


    It will also add to their costs so they might want to offer you a reason not to resist.
    Bear in mind how much it will cost them to continue and decide if the moral victory you have outweighs the financial advantage you can gain by settling.


    They will undoubtedly ask for a non disclosure agreement, generally by you signing one rather than asking the court's permission to formalise it.


    Normally this means you get more money for losing certain rights to humiliate them in public so again, morals versus cash dilemma


  12. #92
    Gold Account Holder BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative



    Follow Real_CAG on Twitter
    Cagger since : Mar 2009
    Posts : 5,526 (1.75 post per day)

    Default Default Judgement Against Securitas Security Services

    See my post of 26th May
    Quote Originally Posted by BazzaS View Post
    It depends.
    What does the OP want?

    They might get a bit more cash out of Securitas
    (but will need to be careful how they discuss this :Highlight the inconvenience they have suffered and let the other side offer it!! ; the OP doesn't want to be accused of demanding money under duress....)

    However,
    the OP might decide that whatever additional sum Securitas is offering is paltry compared with knowing that Securitas has a CCJ registered against it as a record of their behaviour ......
    So, it still depends what the OP wants as "best outcome", bearing in mind the possibilities:
    A) The money they have recovered already, and the CCJ showing on the register? (Oppose any set aside application, successfully)
    B) Potentially no more money, the CCJ off the register, but the case still a matter of public record (OP opposes the set aside unsuccessfully but wins the reheard case)
    C) having to repay the judgment sum received (OP opposes the set aside unsuccessfully and loses the reheard case)
    D) set aside successful, OP gets more money through a Tomlin Order (where no CCJ is on the register, and there may or might not be a confidentialityicon agreement)


  13. #93
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    letsmakeamark Novitiate letsmakeamark's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Jul 2008
    Posts : 1,894 (0.56 post per day)

    Default Default Judgement Against Securitas Security Services

    Appaently the application was sent to salford the county courticon centre. I will get a copy of the application once the judge looks at it and decides. I will then get a copy of the order and judges decision and also alist of options. They have hired a barrister and the have a well known franchised solictor working for them. I have already put my options over to them but they will not listen. I have been told it is a commercial nightmare for them once news gets out that they have a judgement against them. Dont ask how i know. Will let you know once this ends.


  14. #94
    Gold Account Holder BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative



    Follow Real_CAG on Twitter
    Cagger since : Mar 2009
    Posts : 5,526 (1.75 post per day)

    Default Default Judgement Against Securitas Security Services

    If they have applied (without notice), and applied for their order stating they don't want a hearing (the judge to make a decision based on the papers), the judge's first decision is if they should be making their decision without you being able to have input into the process.

    Your input might not make any difference if they (successfully) applied for a mandatory set-asideicon, so a decision based purely on their application is a realistic possibility.
    If their application was for a discretionary set-asideicon the judge COULD make a decision without a hearing, but this is much less likely : it could be challenged as not being "proportionate justice"!

    If you didn't receive notice of a hearing, you could apply to have the (set-aside) order itself set-aside.
    Where you might later be relying on 'promptness'
    (See Regency Rolls Ltd & Anor v Carnall [2000] EWCA Civ 379, Simon Brown LJ, at 45)
    http://www.bailii.org/ew/cases/EWCA/Civ/2000/379.html
    Any such application by you should also be made 'promptly' (within 7 days!)


  15. #95
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    letsmakeamark Novitiate letsmakeamark's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Jul 2008
    Posts : 1,894 (0.56 post per day)

    Default Default Judgement Against Securitas Security Services

    What i dont think anybody has realised is that proceeding with this application the company are opening themselves to a whole new can of worms.


  16. #96
    Gold Account Holder BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative



    Follow Real_CAG on Twitter
    Cagger since : Mar 2009
    Posts : 5,526 (1.75 post per day)

    Default Default Judgement Against Securitas Security Services

    How so?

    They are entitled to make an application.
    The court can decide if it should succeed.

    Now, if they make a false statement in order to try to get their application to succeed they'd be opening a can of worms, but if they stick to facts : what can of worms?


  17. #97
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    letsmakeamark Novitiate letsmakeamark's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Jul 2008
    Posts : 1,894 (0.56 post per day)

    Default Default Judgement Against Securitas Security Services

    I will explain but at a later date.


  18. #98
    Gold Account Holder Ganymede Authoritative Ganymede Authoritative Ganymede Authoritative Ganymede Authoritative Ganymede Authoritative Ganymede Authoritative Ganymede Authoritative Ganymede Authoritative Ganymede Authoritative Ganymede Authoritative Ganymede Authoritative



    Follow Real_CAG on Twitter
    Cagger since : Jun 2008
    Posts : 5,123 (1.48 post per day)

    Default Default Judgement Against Securitas Security Services

    Quote Originally Posted by letsmakeamark View Post
    I will explain but at a later date.
    Why do you have to wait until later?


  19. #99
    Gold Account Holder BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative



    Follow Real_CAG on Twitter
    Cagger since : Mar 2009
    Posts : 5,526 (1.75 post per day)

    Default Default Judgement Against Securitas Security Services

    Quote Originally Posted by Ganymede View Post
    Why do you have to wait until later?
    It might be one of those "It is Top Secret, I could tell you but then I'd have to kill you" drama moments ..........


  20. #100
    Gold Account Holder Ganymede Authoritative Ganymede Authoritative Ganymede Authoritative Ganymede Authoritative Ganymede Authoritative Ganymede Authoritative Ganymede Authoritative Ganymede Authoritative Ganymede Authoritative Ganymede Authoritative Ganymede Authoritative



    Follow Real_CAG on Twitter
    Cagger since : Jun 2008
    Posts : 5,123 (1.48 post per day)

    Default Default Judgement Against Securitas Security Services

    Quote Originally Posted by BazzaS View Post
    It might be one of those "It is Top Secret, I could tell you but then I'd have to kill you" drama moments ..........



+ Reply to Thread
Page 5 of 8 FirstFirst ... 3 4 5 6 7 ... LastLast

Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE
We use cookies to personalise content and ads and to provide social media features. We also share information about your use of our site with our advertising and analytics partners. See details