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Found 6 results

  1. This is a useful High Court judgment and one that should serve as a reminder to anyone considering litigation, that an error by an enforcement agent is not automatically trespass and most importantly, that any claims for loss/damages etc must be proved to arise directly from the agents misconduct -which very often will be difficult to prove. There is also the matter of the need to provide evidence to support any claims (something that was seriously lacking in this case). Background to claim: On 12th March 2015, a writ of control was issued against Mr Miller for £408,00. This related to a judgment from March 2010 for £330,000. I am assuming that the difference between both figures relates to interest on the debt. The Creditor passed the writ of control to a High Court enforcement company to enforce. Of significance, was that the address on the writ was ‘Sunnyview’. In 2014, Mr Miller had moved from that address to a rented property (called Yew Tree). On 26th March 2015, the enforcement agent visited an airfield*where Mr Miller had a business.The purpose of the visit had been to locate two small aircrafts (a Pitts and a De Havilland Chipmunk owned by Miller). The enforcement agent met with Mr Miller and took control of the vehicle that he had been driving (a Jeep), and one of the aircraft (the Pitt). The claimant made payment of £1,600 towards the judgment.Goods were not removed that day. Following the meeting, Mr Miller claimed that the enforcement agent went around the airfield ‘questioning everyone’before gaining peaceful entry into an airfield building where he looked for documents. He left, taking documents and keys to the aircrafts. The Enforcement Agent then went to an alternative address (xxxxx Mills) to make enquiries. Mr Miller had told the enforcement agent that this location was connected to his business. There he was allowed access to the property to search for the second plane; (the De Havilland Chipmunk). The plane was there, together with other aeronautical parts belonging to Mr Miller. A short while later, Mr Miller removed the plane to a friend’s barn in Cirencester. The following day, (27th March 2015) Mr Miller visited the High Court and made an application for a temporary 'stay’ of the writ. The stay was lifted 2 months later (on 27th May 2015) and re-imposed on 5th June 2015 (it was finally lifted on 24th July 2015 after he failed in an application to ‘set aside’ the judgment). Mr Miller's arrest and charge of ‘interfering with controlled goods. Despite a ‘stay’ being imposed, and despite his Jeep and one of the aircrafts being ‘taken into control’, Mr Miller removed the aircraft and aeronautical parts to various locations including his rented property (‘Yew Tree’). *He parked the PITTS on his driveway under a tarpaulin. The enforcement agent became aware that the seized items had been moved and accordingly, on 20th June 2015, he attended ‘Yew Tree’ . Nothing was removed on that day. Instead, the police were called and Mr Miller was arrested and charged with ‘inferring with controlled goods’. The court stay was finally lifted on 24th July 2015 and the following day, the enforcement agent removed goods. Further items were removed a couple of days later. According to Mr Miller, he had a number of hearings for the criminal charge, the final one being in January 2016 at Swindon Magistrates Court where he claimed that he had been acquitted. No details appeared to have been provided for the acquittal (more on this shortly). He claimed that the Magistrates Court had supposedly been satisfied that he had moved from ‘Sunnyview’ to ‘Yew Tree’ in April 2014. It would appear that he had been assisted in court by an internet sourced ‘Mc Kenzie Friend’. Removal of goods and sale. The goods were eventually removed by the enforcement agent at the end of July 2015 and sold at public auction for £34,000. The auction was advertised. (Continued in following post):
  2. Hearing reports of a plane being hijacked.Speculation of what is on board. More news soon.No knowing why yet. Hijacked in Alexandria Egypt- Landed in Cyprus Airbus 320 Dozens on board.Perhaps 50. Armed gunman. http://www.freeintertv.com/view/id-200
  3. Hi I recently bought a new car from Arnold Clark mid February. Who even though instructed I did not want the service plan included it in the purchase. However I were persuaded by the salesperson it was a good deal and that it would prolong and complicate the process to take it out at that stage. My main concerns were that there would be a mileage limitation and that none genuine parts would be used on my car endangering the manufacturers warranty. The salesperson assured me there was no mileage restriction and only genuine parts were used and services would be in line with manufacturers schedule. I have not received any documentation about the service plan from Arnold Clark. Looking at their website they offer service plans for vehicles under 42 months but they do have a mileage limitation of 24k miles. The service plan would possibly expire before the second service was due (intervals of 1 year or 20k miles). It is over a month after the purchase of my car and I am regretting taking this package as at £379 for 2 years it doesn't seem that great a value for money and is causing a lot of headaches. What would my rights be if I were to want to cancel the service plan?
  4. After every flight, Qantas pilots complete a form called a "Gripe Sheet" which tells the mechanics about problems with the aircraft. The mechanics correct the problems; document their repairs on the form and the pilots then review the Gripe sheets before the next flight. Never let it be said that the ground crews lack a sense of humour. Here are some actual maintenance complaints submitted by Qantas' pilots (P) and the solutions recorded by the maintenance engineers (S) Apparently Qantas is the only major airline that has never, ever had an accident. P: Left inside main tyre almost needs replacement S: Almost replaced left inside main tire. P: Test flight OK, except auto-land very rough. S: Auto-land not installed on this aircraft. P: Something loose in cockpit. S: Something tightened in cockpit. P: Dead bugs on windshield. S: Live bugs on back-order. P: Autopilot in altitude-hold mode produces a 200 feet per minute descent. S: Unable to reproduce problem on ground. P: Evidence of leak on right main landing gear. S: Evidence removed. P: DME volume unbelievably loud. S: DME volume set to more believable level. P: Friction locks cause throttle levers to stick. S: That's what friction locks are for. P: IFF inoperative in OFF mode. S: IFF always inoperative in OFF mode. P: Suspected crack in windshield S: Suspect you're right. P: Number 3 engine missing. S: Engine found on right wing after brief search. P: Aircraft handles funny.... (my favourite this one) S: Aircraft warned, straighten up, fly right and .... be serious. P: Target radar hums. S: Reprogrammed target radar with lyrics. P: Mouse in cockpit. S: Cat installed. And the best one for last.. P: Noise coming from under instrument panel. Sounds like a midget pounding on something with a hammer. S: Took hammer away from midget.
  5. I feel sorrow for the passengers and families of Flight MH370, it must be totally devastating, I wish for a good outcome, but that is fading fast.
  6. A major study by consumer group Which? found that Tuesdays are the cheapest day of the week to fly out of Britain, and travelling midweek can save people a significant sum of money. For outbound flights Tuesday was, on average, the cheapest day to fly with the three biggest airlines in the UK. Flights with EasyJet from London Gatwick to Alicante on a Friday were, on average, 35 per cent or £28 more expensive than a Tuesday. Which? found flying on a Sunday was, on average, the most expensive day to return home. Return flights with EasyJet from London Gatwick to Alicante on Sundays were, on average, 45 per cent or £56 more expensive than Thursdays. The study also revealed that as well as cheaper days, there were cheaper times of the day to fly, though this varied across different airlines. BA's cheapest outbound flights were before 7.30am in the morning. However, outbound flights with EasyJet between 5.45am and 11am in the mornings were their most expensive. http://www.telegraph.co.uk/news/aviation/9501573/Flying-Its-cheapest-to-catch-a-plane-on-a-Tuesday.html#
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