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    • More from the Second Sight guys in the Law Gazette. Post Office Inquiry: Second Sight accountant accuses lawyer of conspiring to pervert course of justice | Law Gazette WWW.LAWGAZETTE.CO.UK Second Sight accountant found compelling evidence in two cases that evidence was withheld, public inquiry is told.  
    • Why have there not been arrests yet? Waiting for the end of an inquiry which seems designed to drag on forever is a feeble excuse "the Post Office “was constantly sabotaging our efforts” to seek the truth and used claims of legal professional privilege – a type of confidentiality which covers legal documents – “to justify withholding documents from us”. "Aujard had said the state-owned body “would not hesitate to take legal action against me” under a “draconian” non-disclosure agreement (NDA)" "Henderson became concerned after reviewing the case file of Jo Hamilton, .. Henderson said the Post Office’s decision to charge Hamilton did not seem to be supported by its own internal security report, and there was evidence that “potentially exculpatory material” had not been disclosed to her at trial or subsequently. “I regarded this as either professional misconduct or, potentially, criminal conduct,” he said."   Horizon IT scandal investigator tells inquiry Post Office was ‘sabotaging our efforts’ | Post Office Horizon scandal | The Guardian WWW.THEGUARDIAN.COM Ian Henderson, looking into possible miscarriages of justice, said he came to believe he was dealing with ‘a cover-up’  
    • and the elephant in the room     Brexit: New report suggests UK £311bn worse off by 2035 due to leaving EU NEWS.SKY.COM The report came up with a scenario for growth if the UK had stayed inside the EU, and compared it to forecasts the Office for Budget Responsibility made...    
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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
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Surely with these stays one of defendents should be looking to get OPC listed as a vexatious litigant.

 

If a Judge agrees it puts the right royal kibosh on OPC and kills their business model stone dead.

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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A Judge (in a County Court) has no power to identify a party as a vexatious litigant. This can only be done by the High Court on application of the Attorney General. Such an application can follow complaints from the public to the AG (or the Treasury Solicitors) and these are then investigated by the TSols.

 

There is no set procedure and no level of proceedings that would trigger such an application but unless complaints are made........

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  • 3 weeks later...

Deflamatory statements! That is just incredible of them. Surely that sort of proof of their behaviour will be useful in court.

 

Has anyone considered suing them after wining a case ? After all, there is quite a lot to sue for. I for one would not be here and having my life interfered with if it wasn't for them. I personally find all this legal stuff very stressful.

 

I am still waiting for my case (appeal) to be looked at by a judge. I had to pay the cost of a transcript as well which shocked me.

 

Cheers

Colin OW

 

Oh yes, Peverel are quietly very interested indeed in the outcome of this case.

 

As far as I know, I was the first case scheduled in this latest batch of IP residents (which have a large amount of tickets) v OPC cases. My case was not heard, as the Judge stayed it, of course.

However, OPC/ Peverel weren't to know that, but they did know that whatever the outcome of my case was, it would set some kind of precedent for the next 26 cases.

 

My second court bundle from OPC, received the day before my hearing, contained defamatory witness statements from the Peverel estate manager and his lackey here at IP, attempting to smear my character and good name/ scare me into settling out of court. I don't think they would bother doing this for all 27 of us, just the unlucky resident who was the first to be heard (me).

 

There are no depths which these people won't stoop to.

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Hi Rosie

Yes the court date for our hearing is 18th November. OPC have to submit their documents regarding their order to the court by 31st October. I have received nothing from OPC or their buddies Windsor Smythe for some time. I believe copies of OPC's documents also need to be sent to me. I will update here as soon as I hear anything.

 

Zeb77

 

hi,

 

just wondering if a court date has been given for 27 stayed cases. i thought it was going to be in october.

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Zebb,

 

I am sure that I read on the other OPC thread that Windsor Smythe have gone into liquidation.

Hope that doesn't cause OPC and problems:-)

regards

Please remember our troops, fighting and dying in our name. God protect them.

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Letshelp - yes, that's old news. According to the Companies House website, W Smythe Debt Recovery Ltd (06694583) were either struck off or dissolved as a company on 27 April 2010. So maybe anyone unlucky enough to still be receiving their correspondence and has a bit of time on their hands, could notify their local Trading Standards, or maybe HMRC and report this dissolved company continuing to "trade".

 

I hope OPC don't withdraw. For starters (there's more), I am looking forward to hearing their explanation of how OB Services Parking Consultancy Ltd (03182298 on Companies House) is not related to W Smythe, despite having the same director (a Mr Douglas Harris, if anyone is interested), and same address. Perhaps there are two Douglas Harrises - that would be a coincidence!

 

Zeb77

 

Zebb,

 

I am sure that I read on the other OPC thread that Windsor Smythe have gone into liquidation.

Hope that doesn't cause OPC and problems:-)

regards

Edited by Zeb77
clarity
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Don't worry about reporting W Smythe (unless you have very recent correspondence from them), our friend Doug has already had new letterhead ordered, and now you all should be receiving your threatening letters from "OPC Legal Department" instead.

 

They did not get their documents submitted by the deadline in time but have appointed a genuine solicitor who is now going to represent them, and who has asked the court for an extension.

 

More info as I get it.

 

hi zeb,

 

have spoke to sis, she has a letter from windor smythe and fake court papers dated july 2010 so will get her to give trading standards a call on mon.

Have you received OPC's defence yet?

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Re Julie Tomlin - I have no idea what her qualifications are, sorry.

 

Re deadlines - I can only go on what I have been told by the court on the phone. The court confirmed that yes, the deadline had been missed, but that the hearing would go ahead regardless and the Judge would address the missed deadline during the hearing. Other people may have different experiences.

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It's only a personal observation, but I presume the the courts will press ahead even if the cash is late coming in.

 

After all, they are running a business now, and have to show that they are viable; just like any other business, windowcleaners, painters/decorators, joiners, bank workers, and....erm, who else, oh yes, private parking companies!

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

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That's as may be, but the recent deadline in this case was not for the court fee (although that was late too as it happens - cheque got lost in the post apparently), but the deadline given by the Judge for the claimant to provide various documentation.

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Crazy, if they can't get their act together and deliver all the necessaries on time, then it's not acceptable. Must be annoying because now they have your documents to look at before they have to put forward their stuff right? Or am I wrong there?

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i can't believe what OPC are allowed to get away with. how many times can a cheque get lost in the post?

 

regarding the new letters my mum received one yesterday headed legal department threatening court action. her ticket was from november last year, this is the first she has heard from them after ignoring their original letter. they must be desperate to send this out a year later.

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Regarding the delays and late submissions etc. I have been involved in a case where the other side was continually late submitting docs, making payments etc and each time was allowed to do so. However at the final hearing they were lambasted by the Judge for their tawdry behaviour and lack of respect resulting in them losing and paying substantial costs - needless to say the costs this time were paid very quickly. My thought would be to make reference to it at every opportunity.

 

PT

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