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

legalistic

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Everything posted by legalistic

  1. legalistic
    luby, I am doubtful that it is the transcript of the actual hearing that is required. An appeal is always against the JUDGMENT of the lower court. Only in rare cases is a transcript of the entire hearing required, although sometimes a transcript of evidence might be needed. Eight hours worth of transcript would cost at least £3k I would think, whereas a judgment is only a few hundred pounds.Take a look at the Ex 107 Tape Transcription Request Form and the options given there:http://www.johnlarking.co.uk/ex107.pdfThere is no automatic free transcript. It is completely different from the remission of court fees. A free transcript can only be ordered by a judge at his or her discretion. It of course helps though if you give the judge some evidence of impecunity, low income etc. You don't use the Ex107 form in requesting a transcript at the court's expense. You just write a begging letter!
  2. legalistic
    Luby, I've never had dealings with the family courts but have general experience of the justice system.A transcript must be prepared by a court-approved transcriber. It is hard-copy transcribed from the CD of a hearing.If you can't afford a transcript (they can be expensive) the judge can, at his/her discretion, let you have it at the court's expense. You would need to contact the court and ask.Are you sure it is the transcript of the hearing that is required rather than just the judgment. The judgment would be much shorter (and therefore cheaper).
  3. legalistic
    I don't think it is a good idea to do a reply to the Defence. Better to keep one's powder dry I would say.
  4. legalistic
    Mikeymack2002, I don't know if you have access to the LexisNexis database. Some libraries subscribe. It is wonderful for up-to-date law.In London Borough of Camden subscribes.Halsbury's Statutes, even the latest one, is bound to be out of date as things are constantly changing. Ditto legislation.gov.uk.
  5. legalistic
    Michael, enormous changes are coming in the justice system which ought to make things much fairer for everyone - including the judges. They are fed up with dealing with so many LIPs when the adversarial system is not suited to it.Lord Justice Thomas, interviewed today by Joshua Rosenberg on Law in Action (BBC Radio 4, available online and repeated Thursday 25 June at 8.00 pm) said some truly radical things which are backed by other top judges. Michael Gove says he will be taking these up.
  6. legalistic
    Dex15. You say it's the credit files you are most concerned about. I suggest you visit the website of one or other of the credit reference agencies and take a look at their FAQs. They'll almost certainly answer your question.
  7. legalistic
    Hoperfully this is the link (with thanks to Steve__M):http://england.shelter.org.uk/get_ad...edress_schemes
  8. legalistic
    Andyglover63, there is a property ombudsman who deals with complaints against letting agents:http://www.tpos.co.uk/index.phpThe letting agent needs to be part of the scheme though. See post Tenancy Fee Troubles and the link to Shelter's information about letting agent redress schemes.
  9. legalistic
    Dex15, a refusal to set aside can be appealed. However it would be pointless without very good grounds. Permission to appeal is needed and that normally only costs the court fee (unless one receives a concession).
  10. legalistic
    I suggest that you don't make too big an issue before a judge of any falsification. Point out the differences by all means. But these things ultimately belong to the criminal law and a civil judge won't want to go there. Be assured s/he knows the score though.
  11. legalistic
    Curtainsplitter, Part 18 is for information and clarification not evidence. Documentary evidence is something different and separate. It is part of disclosure.The reply to a Part 18 request includes a statement of truth and can therefore be useful in legal argument. Someone can be held to what they have said.
  12. legalistic
    john432, you can still get solicitor costs assessed. Take a look at s70 Solicitors Act 1974.The Legal Ombudsman deals with solicitor costs too.
  13. legalistic
    Sajeel, the council may have changed their mind because of a recent Supreme Court decision on intentional homelessness: Haile (Appellant) v London Borough of Waltham Forest (Respondent) [2015] UKSC 34:https://www.supremecourt.uk/cases/docs/uksc-2014-0185-judgment.pdfThe judgment was published in The Times a day or two ago.
  14. legalistic
    brucie146, was/is there a tenant living in the property? You say it was rented out.
  15. legalistic
    hatsoff and ganymede, I remain mystified, particularly since a county court does not normally hear libel cases. I suspect the company had customer relations in mind in its eventual withdrawal of its statements.Libel matters are not heard by application either, I don't think, although the law is constantly getting simplified.I note, hatsoff, that you had made several applications. No doubt the court, and indeed the company, was getting fed up with the matter.I'm pleased for you, though, that it all worked out. Also that you didn't have to pay any costs.
  16. legalistic
    hatsoff, I don't think the judge found in your favour. I think there is an error in the order. It was for you to write to the other side withdrawing the accusation.
  17. legalistic
    Brucie146, I just googled Freehold Managers. There have been complaints about them.
  18. legalistic
    svenskidoo, you might want to take a look at the website of the Office of the Independent Adjudicator for Higher Education.They might even be able to handle the problem, in which case you could apply to the county court for the action against you to be stayed whilst the OIA deals with it.
  19. legalistic
    letsmakeamark, OK mydeposits website seems to give out contradictory information.I think that how mydeposits interpret "protected" is different from how the law sees it. Mydeposits is concerned with getting its fees and giving the insurance cover whereas the law does not seem to be concerned with that. I have not seen it in any cases anyway.My feeling is that it's hard for the LL to get it legally wrong with mydeposits. You might be better off focusing on the validity of the s21 notice. It does not sound as if the required 2 months notice was given.
  20. legalistic
    letsmakeamark, I can't see what you are quoting. I tried to do a link to mydeposits Scheme Rules, effective from 7 Aug 2014 but it didn't work.This copy and paste aimed at landlords might work though:I wish to bring to your attention, that it is your responsibility to correctly Protect and Un-protect Deposits inaccordance with these Scheme Rules. At the end of the fixed term of the tenancy the Deposit will be Un-protected bythe Scheme unless you inform us otherwise. If a new fixed term tenancy is granted then the Deposit Protection mustbe renewed/re-protected and the relevant fee paid. If the tenancy rolls over into an SPT then the deposit does notrequire re-protecting but you must inform us of the status of the tenancy.
  21. legalistic
    The important thing is the amount of money in the bank account.You need a N349 form:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n349-eng.pdf
  22. legalistic
    In my experience anything goes in the county court.The parties can normally have the bundles used by them in court back. That leaves the judge's bundle. S/he would usually only need to retain that if a reserved judgment is going to be given or possibly if it was not clear at the hearing what order would be needed.County court staff regularly lose bundles. I would not believe for one moment that a bundle would be destroyed over a weekend. There is not usually that level of efficiency. The bundle may still there somewhere. More often than not staff simply cannot be bothered to look all over the court for a bundle.Any bundles left in the courtroom after a hearing might be destroyed by the cleaners, or removed by security. But who knows?If the bundle was important to a party in some way try claiming off the MoJ. It is no longer clear, as it used to be, which department you would contact there.
  23. legalistic
    letsmakeamark and mariner51: the mydeposits website (which is very informative) says that the protection covers both the fixed term and any ensuing statutory periodic tenancy.One can always check these things by entering details on the website.
  24. legalistic
    letsmakeamark, there are (three) different deposit protection schemes each with their own Ts and Cs and their own interpretation of the law.I've had a quick look at Mydeposits which is an insurance-based scheme. The LL keeps the money but pays a fee to Mydeposit for the duration of the tenancy. Their Ts and Cs require the deposit to be reprotected where there is a new fixed term or other material changes. They seem to be being very cautious in relation to the law. Deposit Protection Service (custodial) requires no such thing.
  25. legalistic
    letsmakeamark, don't know if I've understood your question correctly. For one thing the LL does not protect the deposit himself but must put the moneyt in an authorized scheme.There is no longer any need for the LL to reprotect the deposit when there is a new tenancy agreement so long as it was correctly protected in the first place.How would reprotection have been done? I suppose the Prescribed Information (giving new details etc) would have had to be done all over again and a new number issued by the deposit protection service.

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