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Josie8

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Everything posted by Josie8

  1. If your friends insurance policy allows him to drive any vehicle not belonging to him and policy doesn't state only if other vehicle is insured then the police will have to release the vehicle as there is no legal duty to insure a vehicle if it is kept on your own property.
  2. My niece rented a flat and paid £750 deposit. Deposit scheme is mydeposits.co.uk. Been there two years. Niece decides to move on and gives a months notice. She's had a few issues with landlord. Receives email from landlord on 14th July saying must pay last months rent and deposit will only be returned after she moves out on production of receipted utility bills etc. Next months rent not due till 19th July. Fair enough. She received letter from my deposits advising her that the deposit was now unprotected from 14th July - reason given was renewal of tenancy?? She thinks if she pays rent on 19th Landlord is going to withold deposit. There was no inventory signed when she moved in and its a basic ast. Should the deposit still be protected ? Any advice gratefully recieved x
  3. Barristers costs for trial. Solicitors costs are extra
  4. Yes tell the court they have tried to ambush you with late service of this witness statement - should have been served no sooner than 3 days before the hearing. If a djournment granted ask for your costs
  5. Yes still go for adjournment. Throws a bit of doubt on the evidence contained in the new witness statement doesn't it you having the ticking envelope.....................
  6. Fax a request to Restons tomorrow to agree an adjournment pending the appeal as they are seeking to rely on it . Send copy to court. When they refuse attend and ask for adjournment.
  7. HHJ was sitting as a Judge of High Court so binding on lower courts but it is curently being appealed to the Court of Appeal and as such anyone affected should be requesting stays pending determination of appeal.
  8. The case is currently subject to an application to the court of Appeal and as such you should ask the court for the hearing to be adjourned pending the decision of the court of Appeal.
  9. If they have stated in witness statement 1st class service then you need to serve further statement with copy of your envelope showing second class post. Fax it. The case they refer to is being appealed. I'm sure if the case is as good for Restons as they think they will happily disclose a copy by return or not if it isn't. If they don't provide you with copy and then ambush in court you ask DJ for adjournment because you need to take time to digest it & seek legal advise. Also tell DJ that you understand case is currently subject to application for permission to appeal to Court of Appeal
  10. Fax them & require copy of Judgment by return prior to hearing on Wednsday if they are seeking to rely on it . Tell them if they don't you will ask judge for adjournment so you can take legal advice on it
  11. If they don't their claim is fatally flawed as they need to have served a compliant one to call in all money owed so tell the court that they haven't provided it.
  12. Where does it say High Court not county court?
  13. Regrettably because they are acting as Litigants in person instead of legally represented. The arguments are not always clearly put across as being your own advocate in court can be a daunting process However a invalid default notice in cases where the total amount claimed is not just arrears is in my experience a good defence
  14. Iwould advise that you remove these as Restons patrols this forum and will reasonably be able to ask why you are asking them for disclosure when you already have the documentation
  15. Excellent news. S. 140 is going to be an interesting argument to develop........
  16. as per Carey v hsbc it is unenforceable while they are in breach
  17. Don't let the ill manners of some Caggers who think a lot of themselves get you down. Their philosophy seems to be that if you don't agree with them you are wrong. They then use the bully boy tactics of he who shouts loudest..............................
  18. Can you post a copy of the Default Notice. Hyundai's tend to be invalid.
  19. If the claimants assert in their witness evidence that their systems are infallable or something similar so that what they say must be correct then rebuttal evidence can be admitted to refute that - selection of other agreements etc together
  20. If they assert in their witness evidence that their systems are infallable or something similar then rebuttal evidence can be admitted to refute that
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