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    • Thank you for taking your time and helping me on this. Would you recommend I also send a letter tomorrow to both BMW and Motonovo?
    • she and  johnson need to be kicked off the taxpayers credit card - for starters I'm certain there is cause - taking up 'jobs' when they shouldn't, bringing the nation into disrepute with their antics .. I'm sure it would be a very popular act from a new labour guv
    • Please have a look at this draft letter. It is modelled on yours but I have cut out a load of the unnecessary information. Also, the responsibility lies with the finance company because the vehicle was brought on hire purchase. You send it to them and a copy to big motoring world.   Let us know if there's anything that you disagree with, which is wrong, which you think should be added
    • According to Alastair Campbell on Twitter, anti-Le Pen parties are pointing to RN's fiscal policies and saying they'll cause a 'Truss-style market meltdown'. Liz Truss charged taxpayers for Amazon Prime subscription - Mirror Online WWW.MIRROR.CO.UK The subscription costing £95 gives the ex-PM free shipping from the retail giant, as well as the ability to stream films and TV shows such as My Fault...  
    • Thank-you @BankFodder, your statement is a correct understanding of my position and I agree, it is actually really what I was looking for in starting this thread, as I too believed that the maximum I could claim for is that which I sold it for, even though this was substantially below market value at the time. And so, this sold value is what I shall be claiming for + the other expenses. @dx100uk I get your point, but this is just not what I want to expose myself to. Unfortunately I was one of the unlucky ones to have my details stolen in the Peoples Energy hack, and in 2020 I discovered that those details had been used to take out car insurance, and that the insured was then involved in a collision and my details were dragged through the mud. Despite Aviva cancelling the claim and treating as though it never were, even though I have the letters from them to say that they have removed this claim from the insurance database, I still get refused insurance and credit products to this day until I send across the letter from Aviva which explains that I was a victim of fraud. So you'll forgive me for not jumping up and uploading my data to a server utility for which I have no control over its retention policy, or where the server is located globally, its legal jurisdiction, or its security protocols.
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

HUMBLEMAN vs HFC-WEIGHTMANS COURT ACTION


humbleman
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The Legal Test for Appeals

 

 

The appeal court will only allow an appeal if it is satisfied that:

  • The decision of the judge who heard the small claims trial was wrong in law; or
  • The decision was unfair because of a serious irregularity in the small claims proceedings.

In other words a party will not be successful if they simply do not like the judge’s decision or think that another judge might have decided the case differently.

 

It looks to me that this is the only way you can go. You should be able to satisfy both points if the transcript is accurate.

 

Pretty much what docman is saying and I think you need to focus on this as opposed to wasting time trying to find some loophole like the 'clutching at straws' idea I came up with earlier, which no doubt would not work given the circumstances..

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yes i guess that would be the case,their is a new department within the judiciary who will seriously look at complaints including the transcripts of the case and they will make a decision wether to uphold your compaint and beleive it or not quite a few have been reprimanded i will post the link you ca even mae the complaint whilst you are considering an appeal or have gone for an appeal...

http://www.judicialcomplaints.gov.uk/.

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The Legal Test for Appeals

 

 

The appeal court will only allow an appeal if it is satisfied that:

  • The decision of the judge who heard the small claims trial was wrong in law; or
  • The decision was unfair because of a serious irregularity in the small claims proceedings.

 

I would be able to prove both these points.

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Thanks LW

 

I had actually try to get someone from there for my trial. Would you believe that after 3 email 2 phone calls, I didn't have a courtesy of a reply. So sod them.

 

But please keep suggestions coming, I am still on the lookout

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Make sure you send a complaint to the Ministry of Justice and send them the transcript.

 

We are paying through our teeth for the salaries and pensions of these so called "civil servants".

 

Do you object to media attention in this matter?

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Make sure you send a complaint to the Ministry of Justice and send them the transcript.

 

We are paying through our teeth for the salaries and pensions of these so called "civil servants".

 

Do you object to media attention in this matter?

 

I would like to expose biased views of these Judges

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GOT a quote from another barrister

 

Thanks for your e-mail. I have passed this onto C W to have a look at and he is happy to deal with your case, he has estimated that it will take him 8 – 9 hours to put together the Permission to Appeal & Skeleton Argument, based on these times I will be asking for a fee of £1,500 plus VAT

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I know some may think £1500 is a lot but it is actually a very reasonable rate for a barrister (less than £ 200 per hour). A solicitor may be less (£125 - £150 per hour) but they are usually generalists and take longer to understand the case and hence cost more in the long run.

 

If you are able to use the Direct Access scheme and instruct the barrister yourself, it can be worth it. I instructed a barrister directly on one of the claims I was defending which cost me £400. I won the case and reclaimed the barrister's fee as part of my costs.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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seems to me that one of those "tottenham court road shop" thingys or those advertised on the internet ( concealed recorders) could be useful in court!!

 

naughty yes

 

nice - yes

 

A nice thought, but I wouldn't go there. It would be contempt of Court (it states so in the CPR). They also scan / search you as you go in - like at airports.

 

Better to get someone to go along as a notetaker. Alternatively if the Barrister represents you, then he will have made notes too.

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law and litigation privilege

 

Please see the following copyright statement

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Humbleman, is it wise to post it yet and are you allowed to disseminate it in this way? Just want to make sure you don't transgress in any way. Does it need any unnecessary bits removing? Hope it has all you want!

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