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Showing content with the highest reputation on 09/06/21 in all areas

  1. I had a look late last night at the contract. There is nothing that links GBR Phoenix to the actual land owner that is supposed to be Zurich. As GBR Phoenix are now in liquidation, one wonders who VCS have a contract with now. On top of that, the signature of the GBR director is illegible and should therefore have been capitalised. Very strange as FTMDave said that Elms would have sent you anything let alone a contract like that. On second thoughts, it is Elms.
    2 points
  2. Give it to them.....may help in resolving the matter before you have to pay a hearing fee.
    1 point
  3. I wouldn't give any hint that you were ever interested in compromising. I don't think there's any value in pointing out their delays. I think you should simply stick to the substantive issues
    1 point
  4. OK. You probably don't like Jolyon Maugham either, but he is a QC. He tweeted this earlier. 'Not one but two ministers have now been found to have broken the law on procurement. It’s a vindication of what Good Law Project has been saying for months: this is institutionalized cronyism.'
    1 point
  5. By the way, Hermes may come back and say that the decision to pay you out was a decision of Packlink and not them. Tell the mediator once again that this makes no odds. It was still a contract for you to end your complaint in return for the payout and Hermes are equally bound by this under the Contracts (Rights of Third Parties) Act 1999.
    1 point
  6. Make sure you rehearse all the points that you are going to make. I suggest that you use a Microsoft Word document with a two column table. In column number one make a brief note of the point they are making – and in column number two, put your argument in response. – All very briefly so you can simply refer to it during the mediation telephone call. Read the mediation stories on the sub- forum. There are some excellent summaries and in fact when your mediation is over, we'd appreciate if you could put up summary of your mediation journey as well – so take notes. You may well come under the pressure from the mediator to gi
    1 point
  7. Just received an email advising a mediation date at the end of the month. After all the delays hopefully an end is in sight
    1 point
  8. Don't get distracted by the trivia, Aga, let's concentrate on strategy. I'm sure BF will be along later. HB
    1 point
  9. I'm afraid I don't know where is all going to lead at the moment. What I'm proposing is that once you have formally declined the ombudsman decision – with your objections. And once also you have (hopefully) got some useful information from both of them, that we may consider bringing a case for unfair treatment against Aviva. This is some time away though because of the Aviva extension. I can fully imagine that eventually Aviva will come back and refuse to give you any information at all on the basis that it is disproportionately expensive. In terms of how to deal with money demands, of course if they sued you then that would be
    1 point
  10. Yes you declare it as it is within 5 year period asked about.
    1 point
  11. I'm amazed that Elms replied to the CPR request, normally they make up an excuse to not do so. I agree with you about the contract. Nice own goal from VCS there. No point involving the council in the boundary plan, the boundary is an agreement between two private companies. Yes, go back and photograph everything. The defence looks good, but hang on till Sunday before filing, as the Site Team are working on defences. I promise to get back to you on Sunday.
    1 point
  12. As Homer says, do not appeal. Go back and get photos of the signs. Get your parents to open a new thread regarding their ticket. Please fill this in
    1 point
  13. You gave him the right advice. It's understandable he wants to nip it in the bud, but as you know it doesn't work like that. He could go down the POPLA route, but had better be very careful and had better be prepared to be disappointed. Google Maps can be well out of date so get him to go back and take photos of the signage (or lack of), and get him to fill this in please Happy invoice reading later
    1 point
  14. To allow more bids on the data more like.
    1 point
  15. I looked at the link above but could not get specific responses, just which option to accept or reject mediation. So here is my own response... Mediation: - I said no to agreeing for mediation to happen and no to having enough information about claim to enter negotiations. Here are my responses on the directions questionnaire: Track C1 ticked No (small claims track not appropriate).. Reason: Claim is disputed in its entirety. Claim should be struck out. About Hearing D1 Hearing venue: --have not completed yet and not sure if I should, and which venue that should be. D2 Expert evide
    0 points
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