Locked in car park

[Bookworm]

Phew. Marathon thread reading!!!

 

Well done to everybody, glad to see the CAG spirit is still up and true!

 

No suggestions, every time I saw something I thought needed addressing, someone spotted it and then some, so this is just to add my good wishes to Fred for what should be a slamdunk if there is any justice left in this country.

 

Patma, I take it you'll be going with him to all hearings as his Mackenzie friend? You mentioned he has learning difficulties, is that a problem when he goes to court? If yes, you could always ask to speak for him altogether. ;-)

[Bookworm]

Ok, let me get this clear in my head and thus play devil's advocate for a sec, it's all very welll all patting one another on the back, but I'd rather clear all niggles just to make sure noone has missed anything, ok? ;-)

 

- The original claim was a "direct" one for nearly £1k, yes?

- On Fred's refusal to pay, the college then gets the job done on the insurance and presumably get hit with the excess. So the college is out of pocket by the £2.5k excess. And the insurance pay the £1k, but are effectively not out of pocket at all since the college pays an excess which is higher than the cost of repairs. But if the college had taken the hit instead on claiming on the insurance, they'd only have been out of pocket £1k, not 2.5.

- LD get hired by... who? I get confused, the college or the insurers? on a no win no fee basis (conditional arrangement) and claim for unless I am mistaken, the cost of the repair + the cost of the excess + their own fixed costs. The interim payment part is in case they win, they would then seek to get their NWNF paid for by Fred as well. Considering that they already levied a fixed fee of £80, I am a bit confused about that too, actually.

 

It may be the NWNF which makes the lightbulb go off in my head, but I have just realised that LD's behaviour and bluster seems to me to be no different from any ambulance chaser piling on the threats to try and scare someone into paying. Come to think of it, the 3 years taken to sort this out match too. Anyone read about the Lyons-Davenport saga about pursuing people for "illegal" downloads, whether they had done it or not? Sounds suspiciously on the same line. I wonder...

[Bookworm]

Oh, I know that. But we CAGgers also know that the hydra has many, many heads indeed... ;-)

 

And Martin, it is "Kiptower and I", not "me and Kiptower".

Edited July 13, 2009 by Bookworm
Correcting Martin - again... :-D

[Bookworm]

The invoice (not quote) for the new replacement barrier was dated as written on the 20th March.

Oh no, it's not. It's dated the 17th. It's stamped the 20th, which would be either when received by the college or possibly even paid for on the 20th.

[Bookworm]

Can anyone explain why PCAD would need or want a consumer credit licence?

Students loans? As a guess?

[Bookworm]

Hi Fred. Don't you worry about that Bryan he's not the messiah just a very naughty boy.

 

 

 

 

 

.

[Bookworm]

PS can we get the media involved

I was wondering about running something in the local papers, asking people if they have had the same kind of incident happening to them, and asking them to come forward if yes... Just in case... ;-)

[Bookworm]

Did I miss some fireworks last night then? Sorry, was catching up on Harry Potter on BluRay.

[Bookworm]

Well, good. If they are that articulate at court, Fred should have no problem winning this then.

[Bookworm]

Everyone reading and deciding to post to this thread must read and comply with the forum rules. Foul and abusive words and threats of violence won't be condoned - anyone continuing to post such will be placed on modertation, or worse, be banned completely.

 

This thread is far too valuable to have it brought down by such behaviour.

 

Consider yourselves warned - you know who you are...

*mumble mumble* Wasn't me Sir, I didn't do nuffink. SO unfair. :-|

 

 

 

 

 

[Bookworm]

plus youve made bookie grin, i dont want to know whats going on in his mind.

 

 

[Bookworm]

Good question, Natalie, In fact Fred 's dyslexia etc hadn't, at that point been diagnosed, so although he knew that he had problems he didn't have a diagnosis. It's certainly possible that the college could have noticed though.

He had a full assessment and diagnosis in 2007.

Sorry, just thought to bring a bit of caution here. "The college" is not one person, and whilst it is possible that some of Fred's teachers may have been aware of him having some kind of difficulties, I think it is pushing the conspiracy theory too far to suppose that the admin side would have been aware or taken advantage of a yet undiagnosed condition. That's the kind of supposition which could damage your credibility in court, tbh. ;-)

 

As for the caution "not existing" if he couldn't understand it, I'd be careful with that too. Dyslexia doesn't mean an impairment of intelligence, far from it, and it could be reasonably argued that someone who managed to attend college and successfully (presumably?) follow the course etc would be quite capable of understanding the wording of a caution. Again, I'd be very careful in using that tack.

 

[2 very early p]

[Bookworm]

The more I think of it, and seeing this thread is now 39 pages long, it may be salutary to remind all of this very simple fact: He who accuses must prove. By all means, block all escape routes for them, but the basis of the defence still should be: "Prove your case".

 

 

 

THEN go for the throat.

[Bookworm]

You could check out the Library for the bank charges bundles, the basic one written by me, the other one by Zootscoot, to show you how to possibly organise yourself. ;-)

[Bookworm]

I'm - for once - speechless.

[Bookworm]

Pity we cant borrow Jezzas lie detector. I know a few i would like to use it on

Jeremy clarkson has a lie detector?

[Bookworm]

I can't wait until the next instalment.

[Bookworm]

So the CLAIMANTS are offering to withdraw the case in exchange for ONLY £1750 + costs? :lol: How very generous of them!

 

Oh, btw, maybe someone should mention to them that 10% base rate? Maybe they need to have a look at the STATUTORY interest as set by the County Courts Act, which has been set at 8% for ages?

 

Oh deary me, the whiff of desperation... Reminds me of the banks in the early days, they used to use exactly the same scare tactics just before folding altogether rather than take the risk of explaining themselves before a judge.

[Bookworm]

You'd think, wouldn't you?

[Bookworm]

Thks for that, FG, seems I was way off too with my 8% stat interest. You learn something new every day, although I am unclear as to why they could do this against the interest set by an Act of Parliament, but hey-ho, let's not derail this thread any more...

[Bookworm]

apologies to bookie

No worries, I was just about to add: "I fart in your general direction".

[Bookworm]

whats french for fart, bookie?

 

Fart, noun: Un pet. Plural: Des pets.

Fart, verb: péter.

Conjugates thus:

je pète

tu pètes

il/elle pète

nous pétons

vous pétez

ils/elles pètent.

 

OT, moi?

Edited August 17, 2009 by Bookworm
Sorry, Patma, it's Noomill's fault!!!! :-P

[Bookworm]

Funny how anything in French sounds far more stylish!

 

I do prefer the Anglo-Saxon "fart" though!

 

Nearly a thousand years since the Norman invasion an Englishman can still fart, rather than errr...péter!

 

*waves defiant cardboard and string longbow across the Pas de Calais*

 

Taisez vous mes enfants!

 

Sorry, Sir.

 

Pssst, Noom, see you in the playground:

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/215475-fart-p-ter-question.html#post2371811

 

;-)

[Bookworm]

OTOH, one should be careful not to turn this into an "Enemy of the State" scenario, thus credibilities can be demolished far too easily. ;-)

[Bookworm]

Ooooh, the plot thickens.