Jump to content


  • Tweets

  • Posts

    • now do you want help or just come here to rant at the 1st chance. is this indictive of why you have this issue with BG? there isn't one really just you being pedantic? now give us a chance to decide lets have some info. we don't accept .jpg picture files as they are displayed directly to screen whereby anyone members or not can see them, hence we require a multipage pdf properly redacted. theres a good upload guide to read on that. so ball is your court... we still would help our worst enemy regardless . dx
    • doh sorry was on phone screen. i think thats all ok,  let @AndyOrch confirm 1st please. dx  
    • Same date as poc then i dont like the agreement either, it just smells to me, but i can't find a like one of that era to compare against. this is only 10yrs old, so weight that up, i'd say enforceable & most are from the ear as a whole here. it cant be a recon as they must state so, and it wouldn't/doesn't need to have a tickbox+typed name to be so either. >80% loss if you go fwd, unless you can pay the CCJ within 30 days of judgement in FULL, might be time to consider a tomlin/consent, as much as i hate link, if you don't want to gamble on a very small chance of a win or can't pay within 30 days if you lose. what date is the hearing? dx    
    • Hi T911 and welcome to CAG. As you say, an interesting screw up. So much for quality control! Anyway, our regular advice is to ignore all of their increasingly threatening missives... UNLESS you get a letter of claim, then come back here and we'll help you write a "snotty letter" to help them decide whether to take it any further with their stoopid pics. If you get mail you're unsure of, just upload it for the team to have a look.
    • Thanks @lolerzthat's an extremely helpful post. There is no mention of a permit scheme in the lease and likewise, no variation was made to bring this system in. I recall seeing something like a quiet enjoyment clause, but will need to re-read it and confirm. VERY interesting point on the 1987 Act. There hasn't been an AGM in years and I've tried to get one to start to no avail. However, I'll aim to find out more about how the PPC was brought in and revert. Can I test with you and others on the logic of not parking for a few months? I'm ready to fight OPS, so if they go nuclear on me then surely it doesn't matter? I assume that I will keep getting PCNs as long as I live here, so it doesn't make sense for me to change the way that I park?  Unless... You are suggesting that having 5 or so outstanding PCNs, will negatively affect any court case e.g. through bad optics? Or are we trying to force their hand to go to court with only 2 outstanding PCNs?
  • Recommended Topics

  • Our picks

    • 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

Marlin/Mortimer CCJ HFC Marbles Card - Set Aside Help **WON plus Costs**


Spamalot
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5160 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 578
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi spam, you stick to your guns girl!!!! Bloomin mortimor clarke.....:D

 

Wishing you good luck for the 19th. Be strong and do it for all of us on here who dont get the chance to!!!!;) Thanks.. I'll certainly do my best !!:)

 

fedup xx

 

Your support means a lot. ;)

 

Spam. :)x

  • Haha 1

[sIGPIC][/sIGPIC]

 

They say money talks......mine just keeps saying "Goodbye"

Link to post
Share on other sites

  • 2 weeks later...

best of luck tom spam, hope u are fully prepped and raring to go...

Link to post
Share on other sites

best of luck tom spam, hope u are fully prepped and raring to go...

 

You beat me to it r&b!

 

My Outlook reminder just popped up on the screen and I was just searching out this thread when I noticed your post had moved it to the top of the list!

 

Anyway, good luck for tomorrow Spam, will keep things crossed for you ;)

 

Cheers

Rob

Link to post
Share on other sites

Thanks everybody... :)

 

Must admit I'm seriously nervous.. I shall spend time this afternoon getting my paperwork in order and get everything I need to hand.

 

A copy for me and a copy for the judge..... Nothing for MC is that right?

 

I just hope I'm prepared for every eventuality..

 

Fingers and toes crossed...

 

 

Spam. :D

[sIGPIC][/sIGPIC]

 

They say money talks......mine just keeps saying "Goodbye"

Link to post
Share on other sites

hi spam,

id make sure they get a copy so u dont look petty in front of the DJ. in my experience it saves any awkwardness, time and shows u in a good light.

Link to post
Share on other sites

A copy for me and a copy for the judge..... Nothing for MC is that right?

 

 

Correct. Would MC have a copy for you? :roll:

You're too kind r&b.

Edited by foolishgirl
addition

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

Tell you what... I'll do a copy for MC but hide it in my bag and only bring it out if it looks like it could be used to my advantage. ;)

 

Thanks guys. :)

[sIGPIC][/sIGPIC]

 

They say money talks......mine just keeps saying "Goodbye"

Link to post
Share on other sites

Hi Spam

 

I've just posted an update of todays news on my opposition to the AoE application by MC/Phoenix on my thread here;

http://www.consumeractiongroup.co.uk/forum/legal-issues/123971-ccj-set-aside-help-5.html#post2373183

 

I was just thinking there may be a snippet which may be useful to you regarding paperwork from MC/Phoenix not being in order.

 

Sorry I can't be any more specific than what I've said in my thread, but it's just a guess that their Deed of Assignment is dodgy.

 

Cheers

Rob

Link to post
Share on other sites

Morning all. :)

 

Well THE day is here and the postie has been and this is what he brought.

 

A letter from MC dated 18.8 09

 

Posted, faxed and emailed to XXXXX County Court copy to Spam..

 

*** Urgent Hearing 19th August 2009****

 

Phoenix V Spam

 

We write in reference to the above matter.

 

We can confirm that the Claimant consents to the Judgement dated 25/02/09 being set aside with there to be no order for costs.

 

We do not propose attending the hearing as we have set out our client's representations above and trust that our attendance can be excused in order to save costs. No discourtesy is intended to the court.

 

Kindly place this letter in the court file

 

We thank you for your assistance in the matter and await your directions in due course.

 

MC.

 

 

Obviously I shall still attend.. it goes without saying... but what do I do now???

 

I did want to at least claim my costs for this as I said it cost me almost £200 in applications...

 

20 min hearing = £10 per minute:rolleyes:...

 

Any advice on how I deal with this now would be really welcome..

 

Thanks,

 

Spam.:)

[sIGPIC][/sIGPIC]

 

They say money talks......mine just keeps saying "Goodbye"

Link to post
Share on other sites

 

A letter from MC dated 18.8 09

 

Posted, faxed and emailed to XXXXX County Court copy to Spam..

 

*** Urgent Hearing 19th August 2009****

 

 

... posted faxed and emailed ... :rolleyes:

 

A definite sign of brown trousers syndrome ;)

 

Cheers

Rob

Link to post
Share on other sites

lol....thats excellent....i really hope that does wot it says on the tin spam (all 3 tins lol)....i see where rob is coming from and agree to an extent, but before u started all this wud u have paid that to be rid of it?

ur work looks like it has paid off my friend im made up for u...go n get it signed n sealed.

Link to post
Share on other sites

Bl:):)dy hell Spam!

I'd say a victory, and as you say attend court and go for your costs! :D

 

They may consent to the set aside, but I'd say it's not up to them to decide whether they are liable for costs!

 

Go for it!

 

Cheers

Rob

 

 

 

 

Hi,

 

 

I agree, attend and go for costs.

 

Good Luck!

 

 

Jeff.

Link to post
Share on other sites

Bl:):)dy hell Spam!

 

I'd say a victory, and as you say attend court and go for your costs! :D

 

They may consent to the set aside, but I'd say it's not up to them to decide whether they are liable for costs! I don't want to be greedy... just the money back for the applications would do ...:)

 

Go for it!

 

Cheers

Rob

 

lol....thats excellent....i really hope that does wot it says on the tin spam (all 3 tins lol)....i see where rob is coming from and agree to an extent, but before u started all this wud u have paid that to be rid of it? I agree I would, and I won't push the matter but these so and so's don't deserve to get away with it.. I'd rather give the money to CAG.. and it would be poetic justice if it came from Marlins Pockets..;-)

ur work looks like it has paid off my friend im made up for u...go n get it signed n sealed.

 

Don't forget to take the letter with you Spam, just in case the Judge hasn't got a copy of it in front of him/her. (Unlikely though)

I have it in my sweaty little hand ... I may even laminate it...:grin:

Cheers

Rob

 

Thanks again you two... you've kept me sane... well almost:rolleyes:.. I shall see what the hearing brings.. it's not over 'til the fat lady sings :eek: so I will see if I get an opening to apply for the costs of the applications and go from there.

 

I'm still blumming shakin' despite this turn of events..

 

Oh well onwards and upwards.

 

Spam. :)

[sIGPIC][/sIGPIC]

 

They say money talks......mine just keeps saying "Goodbye"

Link to post
Share on other sites

Hi Spam

 

Regarding your costs, I don't think you'd be pushing your luck to go for costs other than the application fees etc., I'd say you were entitled to them, after all this case wasn't of your making.

 

I'd wait until near the end or after the Judge has decided the set aside should be granted as it is unopposed, then make your own opening to bring the subject up. If you get a good Judge this should be quite easy, and the Judge may even bring up the subject him/herself!

 

Thanks again you two... you've kept me sane... well almost:rolleyes:.. I shall see what the hearing brings.. it's not over 'til the fat lady sings :eek: so I will see if I get an opening to apply for the costs of the applications and go from there.

 

I'm still blumming shakin' despite this turn of events..

 

Well at least if you need to visit the loo at the court you won't be caught out ... as the old saying goes; 'One mans brown trouser syndrome is another mans' (or ladys') toilet paper'. I bet they've put all the spare copies of MCs letter in there!

 

Oh well onwards and upwards.

 

Spam. :)

 

What time is your hearing scheduled for, does it just say 'afternoon'? (Just so we know when to expect you back ;))

 

Cheers

Rob

Link to post
Share on other sites

Hi Spam

 

What time is your hearing scheduled for, does it just say 'afternoon'? (Just so we know when to expect you back ;))

 

Cheers

Rob

 

Thanks Rob, :D

 

It's at 2pm... so I should really start getting myself ready and stop playing around on here.... was so tempted to get involved in Craftygirls Phoenix fight but I must stay focused on mine for the mo!!

 

I'll be back...

 

Spam.:)

[sIGPIC][/sIGPIC]

 

They say money talks......mine just keeps saying "Goodbye"

Link to post
Share on other sites

Wow, spam, that's a turn up! Well done, go get those costs this afternoon...

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

Hi Spam

 

Regarding your costs, I don't think you'd be pushing your luck to go for costs other than the application fees etc., I'd say you were entitled to them, after all this case wasn't of your making.

 

I'd wait until near the end or after the Judge has decided the set aside should be granted as it is unopposed, then make your own opening to bring the subject up. If you get a good Judge this should be quite easy, and the Judge may even bring up the subject him/herself!

 

 

good point and tactic

im not tryin to put u off this spam....just a diff perspective.

  • Haha 1
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...