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

mjt2013

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Everything posted by mjt2013

  1. mjt2013
    Yes, this all seems a bit odd; just send them a cheque and crack on. If you missed the first payment date under the proposed order SCM might have assumed you didn't intend to go through with it.
  2. mjt2013
    No, in civil cases the standard of proof IS the balance of probabilities whereas in criminal cases it IS beyond a reasonable doubt. It isn't 'so much' of one standard or 'more' of the other, they are completely different tests applied in completely different cases.
  3. mjt2013
    It's up to the site team but it's not really fair to get your advice privately with no one else benefiting. Also, your defence will be served anyway.
  4. mjt2013
    You can just post it here and get more feedback.
  5. mjt2013
    If you're on certain benefits you can be exempt from the fee. If you're working I'd suggest it'd be money well spent to try to have the judgment set aside if you do want to challenge it because there's not really anything else to be done if the judgment remains in place. In particular the judgment can and should appear on your credit file because you're a credit risk.
  6. mjt2013
    If you're asking about the standard of proof in civil cases: Unlike in criminal law, civil cases are decided on the balance of probabilities which means the facts are decided based on what is more likely to have occurred. Now, in order to make that assessment the judge will consider the evidence, decide how much weight to attach to it and then infer the facts on the balance of probabilities from the available evidence.
  7. mjt2013
    So you have repaid the money then?
  8. mjt2013
    The fast track doesn't affect what court hears the claim, it's what process is applied. You can have a fast track claim at a normal County Court.
  9. mjt2013
    I agree with the above re: amenity contracts. You may wish to look at Jarvis v Swan Tours.
  10. mjt2013
    Oh, I've just read the attached documents. Are you saying they misled you by saying no further action would be taken and then applying for a default judgment?
  11. mjt2013
    Could you explain why you feel you have been "misled"? Also, just to clarify the advice you're seeking; you say you're aware of the option of setting aside the judgment but want advice about how to deal with the CCJ; are you saying you've considered applying to set aside and want advice about other options like how to pay or are you nonetheless after advice about whether to apply to set aside?
  12. mjt2013
    By the way, if the case was "sorted" then that should be your defence. Just explain how it was sorted out so the money was repaid.
  13. mjt2013
    Just to clarify having read through your thread, you now say "it was sorted back then". How was it sorted? Your earlier posts stated that they mistakenly paid you twice and imply you kept the money. Apologies if I missed the explanation because I was just skimming the thread to get an idea of the issues. What disclosure do you want? It sounds like you know exactly what this case is about. If you were to apply to strike out you would need to be able to justify it. You've referred to the practice direction but what specific bit do you think is relevant? Personally I don't see how any of that is relevant to a failure to effect disclosure. To answer your later questions, you can apply to strike out before entering a defence if you wish. You should complete Form N244. I would strongly suggest you don't though, the case has not been allocated and therefore the SCT costs rules don't apply. I don't really understand what your grounds for striking the claim out are and I can only see your application failing at the moment (although of course an explanation may change that). If you fail you'll probably end up paying more in the costs of the application than the claim is worth. I have to echo the earlier advice in this thread; I really think you should make efforts to just pay the debt. Based on what you've said so far I really don't see how you can avoid it.
  14. mjt2013
    I really want this quote on a mug or t shirt
  15. mjt2013
    Wasn't the potential Defendant represented at the hearing? Also, it's very unusual to have a witness for an application like that, what was the witness for? In any event, you said the evidence was disclosed at the end of the hearing so presumably the Defendant can now use it to apply to set the order aside.
  16. mjt2013
    I would suggest it's far worse to tell the OP he can represent someone in court when that's not necessarily the case and, quite possibly, he'll be committing a crime if he does.
  17. mjt2013
    Sorry, one final point; even if it is allocated to the SCT there may be hearings pre allocation so the issue of rights of audience is relevant in any event.
  18. mjt2013
    We have no idea if the amount is less than £10k or, even if it is, whether it will be allocated to the SCT. When it comes to encouraging someone to commit a crime I tend to err on the side of caution.
  19. mjt2013
    At the end of the day the question boils down to "can I practise law without a practising certificate?" And the answer is "no". However as Silverfox correctly says some judges will let you get away with it. To specifically address your questions: a) obviously I don't know if you can get him to sign a form of authority, that's between you two, but if it's done that can allow you to deal with the bank yourself in general correspondence but most will not allow you to act as a quasi-solicitor in correspondence just because you have authority (see above) b) you can send them pre action letters but they could very well ignore them as you're not entitled to issue proceedings on behalf of someone else anyway. c) your BiL would need to sign the forms. You could write the detail of it. If your question is what you should actually say I'd question whether you should be trying to do this for your BiL if you don't already know how to complete the forms. d) No. Although some judges will let you otherwise it's a crime. e) What a strange question, I wonder why you ask. The money belongs to your BiL and, once again, it's a crime to charge for legal services unless you're qualified. As an addendum to e) above, any adverse costs will be the responsibility if your BiL so if you mess this up he'll be left holding the baby.
  20. mjt2013
    Unless you're a qualified lawyer it's a crime to represent that you have rights of audience in court. Would you try and perform open heart surgery on his behalf?
  21. mjt2013
    That is an extraordinarily serious allegation to make. What exactly happened? You shouldn't start impugning people's honesty and wrecking their careers unless you're absolutely sure something improper has occurred.
  22. mjt2013
    Are you sure it was a personal loan? I see you took it to pay for machinery for your business.
  23. mjt2013
    It will depend entirely on whether the terms of the Act are met, the contractual terms cannot oust the limitation period.
  24. mjt2013
    Wasn't your case heard by a DJ in the County Court? If so your appeal will be to a Circuit Judge in the same court rather than the High Court which should be cheaper.
  25. mjt2013
    You may wish to consider contesting jurisdiction if this is a Scottish contract.

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