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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • BazzaS
      my Leasehold/Freehold property and it's issues.

      By BazzaS · Posted

      If it doesn’t sell easily : what they can get at an auction becomes fair market price, which may not realise what you are hoping.
    • HP Mum
      my Leasehold/Freehold property and it's issues.

      By HP Mum · Posted

      Thank you. The receiver issue is a rabbit hole I don't think I'm going to enjoy going down. These people seem so protected. And I don't understand how or why?  Fair market value seems to be ever shifting and contentious.
    • lolerz
      my Leasehold/Freehold property and it's issues.

      By lolerz · Posted

      You can't, but you can (and really should) bring up the point that the lender isn't meeting their legal obligations in selling the property for fair market value. You'll have to do this in court, though.     A receiver is bought in by the lender, not you. If they're a registered insolvency practitioner, you may be able to raise a complaint to the insolvency service but there are no guarantees here. Many receivers are also registered with the RICS and self-regulate so if you know the name of the receiver you can check there, again no guarantees.   https://www.rics.org/surveyor-careers/career-development/accreditations/registered-property-receivership-scheme
    • tobyjugg2
      The Power Of Nature.Wild Weather.Climate Change.

      By tobyjugg2 · Posted

      China green-lights mass production of autonomous flying taxis — with commercial flights set for 2025 | Live Science WWW.LIVESCIENCE.COM The EHang EH216-S autonomous flying taxi is the first eVTOL ready for mass production and could lead the way for flying cars around...  
    • HP Mum
      my Leasehold/Freehold property and it's issues.

      By HP Mum · Posted

      Lolerz - I don't understand you.  Rebuked you?   No. I simply replied to your orange comments with legal facts as I know them.  I've already worked through the s42 and s146 issues - over the last 3-4y - and these issues are (mostly) resolved legally.  In terms of posting evidence.  Sure I can post some.  But my most recent questions have been a) how can I enforce a sale before trial?  And b) how can I make a complaint and/or a claim v receiver? (E.g. to which body do I complain?).  At the mo I'm asking for some helpful pointers on those specific questions??  I'm not asking for help with how to prove or present evidence. Fwiw - all evidence for trial has been disclosed (although additions are poss). The lender sent me like 10,000 emails and docs.  There's also 000s of emails, docs, photos, videos, recordings and texts that relate to freeholders/ me.   I read, filed and categorised everything for ease of future reference.  Witness statements and evidence were prepared for trial in the 42 and 146 matters. (now joined with current claim to save duplication).  I've lived the process before.  My current statement and linked evidence has taken like 6 months to draft/ write - to ensure I can succinctly prove my defence and counterclaim points.   Whether I can convince a judge at trial w/o lawyer / barrister is debatable 🙄   But I've prepared.  And continue to try better prepare - which is why I visit this site (and clinics).  This is NOT my business or expertise at all.  I'm just trying.  Not that anyone should ever have to justify why they need help if they ask politely! 

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    • If you are buying a used car – you need to read this survival guide.

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      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

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      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.

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

So Now We Really Know

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SPROUTY

SPROUTY

Posted
Posted

Judicial Business

 

(From House of Lords web site)

Tuesday 31 March

Appeal Committee The 33rd Report from the Appeal Committee was agreed to and the following Order was made:

 

Office of Fair Trading (Respondents) v Abbey National plc and others (Petitioners) That leave to appeal be given; and that the petition of appeal be lodged by 15 April.

'I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered.'

Thomas Jefferson 1802

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MARTIN3030

MARTIN3030

Posted
Posted

Well could have been worse-werent the HOL expected to give their answer within 8 weeks ?

 

In all probability its been decided that after being given KBs from 4 judges-why delay the 5th and final one ?

 

The last appeals of October were done and dusted quite quickly.

We can assume that the OFT and the banks have already arrived at some conclusions-this is last chance saloon.

It wont come a day too soon for those 65,000 claimants with cases stayed......The Judges must surely be cancelling holidays this summer ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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MARTIN3030

MARTIN3030

Posted
Posted

quote

 

"The House met at 2.30pm.

Prayers were read by the Lord Bishop of Chelmsford."

 

 

 

 

I think the banks might just need them.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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yourbank

yourbank

Posted
Posted
Well could have been worse-werent the HOL expected to give their answer within 8 weeks ?

 

In all probability its been decided that after being given KBs from 4 judges-why delay the 5th and final one ?

 

The last appeals of October were done and dusted quite quickly.

We can assume that the OFT and the banks have already arrived at some conclusions-this is last chance saloon.

It wont come a day too soon for those 65,000 claimants with cases stayed......The Judges must surely be cancelling holidays this summer ?

 

If we don't get a decision before 31st July 2009 its a wait until October for the next sitting of the Law Lords.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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MARTIN3030

MARTIN3030

Posted
Posted

Somehow I think this is in the equasion-July should be adequate...lets see how quickly the appeal is listed following the April 15 deadline-that should give more than a little insight.;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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yourbank

yourbank

Posted
Posted
Nice job if you can get it... Even the kids get shorter holiday than that! :rolleyes:

We are getting rid of the HoL(law lords, that is)in September I believe :D

 

God that sounds a crap sentence. Start again. The highest appeal court should be changing this year. (is that any better?)

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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ccridersuz

ccridersuz

Posted
Posted

My problem is that I cannot get my head around the fact that it goes to the House of Lords!! Isn't that House made up of Titled CEO's from the banking establishment??? or am I mistaken??

Forgive my ignorance!! but how can this be fair????

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ftd

ftd

Posted
Posted
This one is specifically LAW LORDS and not political Lords.

 

The same 'Law lords' that are members of the same Masonic lodge as the 'political lords' or 'other' Law Lords'?

 

 

FTD

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yourbank

yourbank

Posted
Posted
The same 'Law lords' that are members of the same Masonic lodge as the 'political lords' or 'other' Law Lords'?

 

 

FTD

 

The same Law Lords that have been the basis of the OFT test case. First National case in 2001. Everyone has said at every point in the case that the banks will win. Think about what they have won?

Justice Smith---LOST

High Court Appeals(3 judges including the Master of the Rolls)-----LOST

(the masonic lodge, so far, isn't working very well for the banks) ;)

can you name which Law Lords are part of the Masonic Lodge with evidence? Name and shame 'em. It will help the OFT appeal if they were to, ermmmm, lose.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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yourbank

yourbank

Posted
Posted
:eek: should i dare to say that there could be a case for "a conflict of interests" with the law lord and lodges ? ;-)

 

You can always say that and the only issue I would have is proving that as a court of Law requires the burden of proof.

Can I ask anyone if there is masonic lodges at The European Court of Justice(just so I am certain where we might go with the thread if the appeal goes to the ECJ)?

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Bookworm

Bookworm

Posted
Posted
Everyone has said at every point in the case that the banks will win.
I don't think that's quite right, YB. Everyone feared at some point in the case that the banks would find a way to win, and I think that until such time where it's all done and dusted, there will always be that worry.

 

Having been stitched up as much as we have been over the years, you can hardly blame people for ranging from cautious to paranoid. And I am sorry to say that the Solomon judgment of Smith J has done nothing to reassure the masses. (they're not penalties, but they're not for a service either :rolleyes:.) The banks themselves are of course fuelling this mistrust, after shafting us for years, they promised to deal with this test case as expeditiously as possible, and now seem set to take it as far as they possibly can, whilst the stays (yes, I know the reasoning behind, but you have to admit they thoroughly advantage the banks) stay in place and frustrate people in their efforts to get justice.

 

I know what you are saying about the Lords being unlikely to reverse themselves, but by the same token, it would be premature to celebrate already, it's not over till the fat Lords and Ladies sing... Until the final judgment is given and all our stays lifted, there is little reason for people to rejoice and the ever ongoing fear that the banks will find a way to keep their claws on our money has to stay in all our minds, that is only natural. :(

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yourbank

yourbank

Posted
Posted

The stays won't be lifted when this part of the case is resolved. Bookworm, I that you do actually READ and DIGEST the information on the test case. I hope people don't fall into the trap of believing that if or when the decision states that bank terms can be assessed under UTCCR 1999 that the stays and the waiver will be lifted. They will not and to think so is unfortunately misguided. I suspect we maybe looking at a minimum of 12 months.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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sallysas

sallysas

Posted
Posted

Does this mean that we have extra time to get the funds together to file at court? Assuming a judgment is made in July will it be necessary to file any 'old' cases before then. I still have one going back to the last century and am still struggling to find the fee - don't qualify for exemption/remission any more.

 

 

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yourbank

yourbank

Posted
Posted
Yes, YB, that would be why I said when the FINAL judgment is done and dusted... :rolleyes:

Apologies the Fat Lords and Ladies comment through me since the case is with the HoL :oops:

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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