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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Basejumper

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Everything posted by Basejumper

  1. Basejumper
    That advice appears sound, steampowered, thank you. and thank you for correcting the form number. I have already submitted a witness statement, but that was during the case process. is there another or different template that i should follow and file or just a letter to the case manager. I was hoping to shoot one across their (claimants and claimants sols) bows, a scare tactic i suppose in order to avoid court action but with the knowledge that would be expressed to them that court action would follow if they did not respond in say 21 days
  2. Basejumper
    Hello steampowered. Thank you for your advice. Having researched threads on here dating back to 2009 onward, I have been of the impression that up to the point a track is nominated, I would be in a position to claim expenses, now that the claimants went on to discontinue. however, I would have preferred it to have gone to trial, then it could have been ruled whether or not the terms of business agreement was in fact an unfair contract against my submitted defence. That we will never know, i suppose. It is intended to send this to the claimants solicitors accompanied with a N252 and press to test as to whether they will go someway to pay costs or I will have no hesitation in taking the matter to court, hopefully get a ruling on their terms of business agreements and then have all of this resolved through the courts.
  3. Basejumper
    Hi All - I have been digging around and found some info I am hoping if someone could pop by and cast a critical eye over the attached Thank you in advance [ATTACH]42902[/ATTACH]
  4. Basejumper
    Good evening all. I have checked with the court and they have received the Notice of Discontinuance. The kind lady at the court was asked by myself if i could send a letter to the court for costs and she said yes and it would go before a DJ, however, from the post above I would like to get some clarification on the phase "I'd send it a stinging response" does the 'it' refer to the claimants solicitors or should I just send a letter to the court quoting the case reference Messih v McMillan Williams & Ors [2010] EWCA Civ 844 above and make reference to summary costs at the rate of £18 ph for LiP AND 27.3; 27.14 AND PD 27.7? thanks
  5. Basejumper
    Hi Mike_hawk Thank you for your support. I have not had an opportunity to contact the court yet to confirm the notice of discontinuance, however, it is first on my 'things to do' for tomorrow list. Following on from the posts above I have found this... please see link below. I was wondering if this has merit in forming my application or letter to the court, I can then quote a court of appeal case that rules about costs. I like in particular this reference:... "It was clear that the claimant knew what the second defendant’s position was and that it wished to contest its liability for the claim. The claimant proceeded to *discontinue his claim which meant the court was unable to determine what the outcome would be at trial. Therefore, the circumstances were the usual consequences of discontinuing: the claimant becomes liable for the defendant’s costs". http://www.lawgazette.co.uk/in-practice/costs-liability-discontinuing-a-claim
  6. Basejumper
    Hi MIKE770 things have moved on!!! How do I go about claiming this £18 as Lip in a small claims track case?
  7. Basejumper
    Hi Mike_hawk yes it is a N279 signed and dated 21st Mar. I may have difficulty in scanning it as I have moved jobs but basically it states: To the Court The Claimant (tick only one box) Discontinues all of this (claim) against the (defendant) signed and dated Hi steampowered - I have read this and I have also gone to the additional section mentioned i.e. 44.12 and I am still unsure if I can or cannot. would it be best to write and ask for direction or order that cost up to this point are claimed and hope the DJ will allow the £9.25 ph or a proportion of what would be expected if a solicitor did this work for me? I seem to remember that a while ago when Surfacagent x20 was on the scene we could end a document that we wish cost to be taken in to consideration as a LiP at a such and such rate - cant find it now but will keep digging
  8. Basejumper
    Hi All I would like to let you know that having followed the advice on here, i constructed a defence based around the Beacon case and alluded to the fact that this TOB agreement was in essence the same and thus an unfair contract..... The claimants and their solicitors wished to use the free court mediation service, but after several missed opportunities we finally chatted via this service. i was asked what my standpoint was and then I was asked if I would be willing to deal. I said no plain and simple as I wished a ruling as to whether this TOB agreement was an unfair contract. I have today received a letter from the claimants solicitors attached was a Notice of Discontinuance - great I thought, but still no ruling. could someone advise me should I ask for a stay?, walk away happy or walk away but claim for costs? now if I claim for costs, which I think can not be done in a SCT case, how do I submit an order or letter asking for them. thanks all:-D
  9. Basejumper
    Hi Mike_hawk Thanks for your asistance, I was begining to think that it was only us that had the same points, and when I had not heard from you in a while I was concerned. but you are back and that is comforting. The Beacon undertaking is perfect and it goes alot of the way to satisfy my thirst that the renumeration value is not mentioned in my TOB agreement thereby allowing the conpany too much flexibility to the detriment of me, the consumer. A point worth noting is that when the TOB was signed the amount discussed by the agent is only a quotation and not the actual cost of the policy. as it happens i do not recall having received a 'suitability' letter, which may or may not have included the commission payable if I decided to cancel my policy, however that said I must have been suitable otherwise I would not have been paying out. but that does not make it lawful. I will construct a defence and I would be grateful if you could cast a critical eye. Thanks again
  10. Basejumper
    Hi all, I have been contacted recently, as I am a landlord by a contractor who did some work for me to let me know that the company managing my property is getting them to sign a contract of almost non-disclosure about their practices. Let me explain. I pay a monthly maintenance fee to this company and when the tenant has an issue this company gets in touch with me asking if I am happy for them to contact a contractor who is 'on their book' as a preferred contractor to do the job. Unwittingly I say yes of course as it is easier and I am paying them to manage it for me. However, this contractor has been told to add £12-£15 to the price if it is under £100 and add 10% if it is over £100. I then pay this bill and the management company keeps the difference as they have an invoice for the correct amount e.g. work is £50 add £12 I pay £62 contractor gets £50 management company get £12. I am waiting to see if I can get a copy of this contract as the contractor no longer wants to be associated as their practices are a disgrace. Has anyone else got any knowledge of this and what is my legal stance i.e what info should i try to establish before bringing court action?
  11. Basejumper
    UPDATE. Hi all, I went to court to day for the allocation hearing. The proxy solicitor for the claimants solicitor made the request that it be allocated to fast track after I put my point across the DJ decided that it goes for SCT, which is good news as I believe it will hopefully keep the costs down, it may also persuade the claimants not to pursue as it may not be cost effective and if they lose will be worse. However, in the discussion the judge allowed me to amend my defence to show that the TOB agreement is an Unfair contract under the guidelines. I asked about my PART 18 request and could he make a direction that the claimants give me this info. He suggested waiting until the witness statement stage to see if they list the quantum of costs document otherwise being mindful of costs to me by submitting an application etc if I lose.The judge also gave directions that the costs for today would be reserved and determined at final hearing, should there be one. Therefore I would be grateful if anyone could stop by and offer some assistance on the construction of an amended defence which I can include what I have already. I have 28 days to submit to court and to claimants solicitors Thanks in advance
  12. Basejumper
    Thats great unclebulgaria67, thanks. I have included that in my reply. i will post and i welcome your thoughts, although too late now i suppose. Although i have contacted the court and informed them of my decision, do you happen to know if that is my responsibility or the claimants solicitors. i suppose i have done it out of courtesy. [ATTACH]40132[/ATTACH]
  13. Basejumper
    Morning All By way of an update, I have been called twice by the claimants solicitors asking if I am happy to have a conference call. I have told them that I do not want a conference call and I have also informed the court. Is there anything I should be guarded against or should take in preparation Thanks
  14. Basejumper
    Thanks unclebulgaria67. In reference to your previous post I have just called the court to find a reason for this hearing. The nice lady said that the DJ wishes to see more evidence and what documents are missing. Based on this hearing he/she will give further directions on how it will be proceeded thereafter. I appreciate your comments and I will see if anyone else has the same opinion. Based on this, yours and what I think already I will act accordingly and of course will post here to get clarification as this could be a turning point.
  15. Basejumper
    Good afternoon all Previous to my last regarding the Notice of Hearing, I have today received a letter from the Claimants Sols stating they have made a request to court that this matter (assuming the Notice Hearing letter) be dealt with at a telephone hearing on same date same time. Given that this will save both parties time and costs. They then go on to say, we trust that you will be in agreement with this approach. Then asking me to confirm whether I am happy to deal with this matter on the phone. They then go on to ask for my number on which I can be contacted and if the court is happy to make this a telephone hearing they will st up a conference call Any advice? I am of the opinion that they should attend my local court and but I am willing to apply correct protocols
  16. Basejumper
    Hi All I have also been re-reading all of the correspondence in this case and noticed that the Solicitor I have been sending letters to (and the one whose name appears on the Claim form) has now changed to the senior partner of the firm. Should I have, and the Court, been informed of this change?
  17. Basejumper
    Hello unclebulgaria67 The form I have to which I referred above is a N24 Notice of Hearing. It does not state a reason, I know that the Claimants Sols have not replied to either my Part 18 or CPR 31.14 and I have told the court this in my Defence and an accompanied covering letter. So perhaps this and / or the reason for the hearing, I am at a loss to be honest.
  18. Basejumper
    Evening All It has been a while with not much happening I have had a notice letter informing me that my case will be heard in my local court, but today I have received a notice stating that there is to be an allocation hearing Jan 2nd and that 30 mins has been given for it to be heard. Could anyone let me know what this means please and what is the next part of the process Thank you
  19. Basejumper
    Thanks Mike_hawk. I am of the same opinion and perhaps leave it to the court to decide. However I feel that some of the contents of their letter worry me. I will try and explain as best I can. Most of the issues our posters have concern the SCT. To that end our CPR 31.14 approach is fraught with danger, if we get excited that we will be on the front foot and gain some advantage and then Sols turn round and use the CPR 31.1(2) card, what is our next strike. Are there any other rules we should / could use specifically for SCT to gain an advantage? Also I am sure that I read of the Rules that in a claimants POC they must mention what they have tried as to prevent court action - mine and I am sure others don't either so does that need pointing out? Thanks in advance
  20. Basejumper
    Thank you both. It is strange almost smacks of a threat hoping I will go to mediation as to not expose a fault which could cost them. If they had read my original letter months ago for mediation then we would not have even got here. Mike_hawk I am sorry but I had to laugh at your post where it states " get on with it" How do I construct a letter or reminder, to that effect? then I can consider this or wait until the w/s point of proceedings
  21. Basejumper
    Morning all - I have, today received the AQ149 back from the claimants solicitors, along with a covering letter, Be grateful if someone could pop by and give me their thoughts Thank you [ATTACH]39014[/ATTACH]
  22. Basejumper
    Ok, I will agree with you unclebulgaria67 on that, but to not send any documents, surely they can not ALL be commercial confident. The questions asked in my PART 18 only asks for a name and if such a document exists. that has not even been responded to. Ahhhhhhhhhh!!!!!
  23. Basejumper
    A point mentioned earlier about disclosure of documents.... could someone explain this to me please:???: 31.21 A party may not rely on any document which he fails to disclose or in respect of which he fails to permit inspection unless the court gives permission. The way I read it is if in my CPR request the opponents fail to comply with what I have asked for, providing they have not made an application to the court NOT to disclose, can not use it for bash me with on the day of the race unless the court allows later, in which I would need time to inspect and respond... So as of today I have called the court and NO application has been made under CPR 31.19
  24. Basejumper
    fmotl ??? Perhaps you are right. this topic or issue does not to appear to have much attention apart from a couple of Caggers like you Mike_hawk and MIKE770 so it is harder to get the right balance of opinion to make an informed decision. I am confused but at the same time which to make headway and help us all not to get railroaded. I read many posts that we as consumers accept this common ground and roll over to get our tummy tickled because over the years we have used the process as the likes of SurfaceAgentx20 taught us to with great success, but the DCAs and alike are changing their strategy so let the great minds of this site look into new lawful ways of snatching the advantage back. CPR 31.14 getting them to reveal was a brilliant piece of work, but when the opponents don't reply LiPs have to battle on getting muddled up in directions and draft orders which may be counter productive to their defence, then miss a deadline lose by default and the opponents have won when they were at fault. I would like to use the estoppel if what I have researched as being a powerful tool. but also mindful that I may lose or get back in my box and go the standard route.. Im sorry for ranting forgive me... I welcome anyones thoughts
  25. Basejumper
    Hi prosser, not very familiar, however you could try the FSA and raise a complaint or ask advice. then it is in the system for them to investigate, also perhaps look at a DPA infringement. Northampton may get into trouble so the Law Society may give you a steer. Either way they should look to remove their (RW) credit licence and throw them in jail.I will watch this with interest

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