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Welcome - illegal repo in contravention of section 92 and unfair relationship ** WON **


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Hi Wannabe,

 

Been on holiday and just got back to find that you have won. Excellent news.

 

You must be really proud (I am sure your girl's are proud of their mummy - the bully tamer) and hopefully now are in a position to help others here on CAG with your experience and wealth of knowledge.

 

All the best for the future and fingers crossed that the remit to county will be superceeded by an offer that you cannot refuse

 

Keep up the good work

 

G

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  • 2 weeks later...
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'Hi Wannabe, I was following this from the beginning but have been off site due to illness, I can't believe this is still dragging on. A very big well done to you, your an inspiration to us all:cheer2:

 

Just 1 question because i'm too lazy to go through 84 pages, What happened with the police who participated in the removal?

 

Once again very well done.

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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  • 4 weeks later...

Hello all, I could do with a little advice on a couple of things......

 

We will shortly be going back to County Court for the remit and I'm a bit unsure of how far back I can put my costs. At the appeal the Lord Justice set the entire judgment aside including the costs they were awarded. Can I only claim my costs of bringing the appeal and that of the remit or can I put in for my costs of the whole thing from trial??

 

Secondly, does anybody know the exact CAG rules about anonymity? It's just that I'm due to get the approved judgment at some time after the 12th Sept and I'd like to know if I can post it here or do I still have to blank out the personal info??

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Hi Wannabe,

 

Been on holiday and just got back to find that you have won. Excellent news.

 

You must be really proud (I am sure your girl's are proud of their mummy - the bully tamer) and hopefully now are in a position to help others here on CAG with your experience and wealth of knowledge.

 

All the best for the future and fingers crossed that the remit to county will be superceeded by an offer that you cannot refuse

 

Keep up the good work

 

G

 

Thanks G, I am so proud. I can't tell you the difference this has made to my life.

 

I doubt very much if the other side will lower themselves to make me an offer :tongue1: They are still playing their silly little games and continue to screw themselves over at every opportunity :whistle:

 

The funny thing is that I absolutely couldn't care less what happens at the remit, as far as I'm concerned I have achieved what I set out to achieve and anything else after this is neither here nor there! It's quite amusing to watch their spoilt brat tantrum actually, how awful for them; beaten by a little LiP girl in High Court :p

 

All I wanted was to prove that they couldn't do what they did, and perhaps get a High Court judgment, and perhaps make them very unhappy, and perhaps cost them an absolute fortune, and perhaps bring their corrupt and fraudulent practices in front of a very senior Lord Justice, and perhaps make case law...... :love:

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'Hi Wannabe, I was following this from the beginning but have been off site due to illness, I can't believe this is still dragging on. A very big well done to you, your an inspiration to us all:cheer2:

 

Just 1 question because i'm too lazy to go through 84 pages, What happened with the police who participated in the removal?

 

Once again very well done.

 

Thank you kindly, I can hardly believe it myself! It has sort of become a norm in my life I'm going to feel like I've lost an old friend when this is finally over :lol:

As for the police, they will have their turn too :mad2: There is a rather large section of Goode that lists all the possible criminal consequences of a breach of S.92 Now how would it be if somebody reported a crime in progress and then the police arrived and assisted the perpetrator in completing his crime??? :!:

 

As soon as this case is finalised and I have the transcript in my hand, there will be a certain PC that is going to rue the day he ever crossed me , (and let himself be filmed doing it..... ) :whistle:

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Secondly, does anybody know the exact CAG rules about anonymity? It's just that I'm due to get the approved judgment at some time after the 12th Sept and I'd like to know if I can post it here or do I still have to blank out the personal info??

 

That is up to you. Will the judgment be in the public domain? If so then it might be easy for some people to work out that you are you, if that makes sense!

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That is up to you. Will the judgment be in the public domain? If so then it might be easy for some people to work out that you are you, if that makes sense!

I expect it will be public considering it was a High Court judgment. I was just wondering how important my anonymity actually is at this stage! I kind of felt like I gave up any right to that when I decided to appeal to the High Court :???:

 

Any ideas about my costs question??

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Keep it up and it is now your turn to screw them. Very disappointed in the attitude of the police from day one. At least they will not make the same mistake again with some other innocent party..

Couldn't agree more! They entirely humiliated me and in the end it turns out I was right and they were wrong after all....

 

Yes I think a little suing will work wonders for the next time they are faced with a similar situation :p

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I expect it will be public considering it was a High Court judgment. I was just wondering how important my anonymity actually is at this stage! I kind of felt like I gave up any right to that when I decided to appeal to the High Court :???:

 

Any ideas about my costs question??

 

The costs question isn't something I'm clued up on sadly. If you need me to help with anything forum-related I'm your man :)

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The costs question isn't something I'm clued up on sadly. If you need me to help with anything forum-related I'm your man :)

Ah that's ok :-)

It is so confusing, I think I'm going to put in for all my costs from day one. I don't doubt for one minute that the other side would do any less!

I suppose we are sort of returned to the pre-trial state at present in order for a new trial judgment to be given. I'm thinking that if I win this time then it means I should've won the first time round and so would've been entitled to my costs in the first trial; it just took a little trip to High Court, (and a few more expenses), to get to there in the end!

In effect I have actually won on 2 out of 3 of my causes of action, just left to decide if their Trespass, Breach of Statutory Duty, Contravention of Section 92 and Fraud constitute an Unfair Relationship! Can't say I have much faith in district judges these days so who knows, but I already have my victory as far as I'm concerned :wink:

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If you received no notice of default they cannot take your vehicle.The Police are absolutely useless, and when they(the Police) took my disability carriage vehicle keys and handed them over to a civillian, and allowed them to drive on a disability tax disc from Basingstoke to Essex.I got a court order to have my vehicle returned forthwith.On return of vehicle I had to call Police again as dodgy company refused to give me keys and tried to drive off!I got them blocked in with another car until Police arrived.Instead of dealing with carrying out a county court order,they wanted to arrest me for false imprisonment,(even though his wife was illegally in truck with him.You will not get any help from the Police as they would not even take report of criminal damage to my disability carriage.The Police DO NOT know CIVIL LAW and seem to want to distance themselves from it.I understand what your going through.It is very stressful and expensive for the average person,let alone if your struggling or vunerable! Keep all receipts of any expenses incurred.Never make them up.these companies hire private investigators!!! Hope all works out well for you.From sarah Dudley:-):-)

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If you received no notice of default they cannot take your vehicle.The Police are absolutely useless, and when they(the Police) took my disability carriage vehicle keys and handed them over to a civillian, and allowed them to drive on a disability tax disc from Basingstoke to Essex.I got a court order to have my vehicle returned forthwith.On return of vehicle I had to call Police again as dodgy company refused to give me keys and tried to drive off!I got them blocked in with another car until Police arrived.Instead of dealing with carrying out a county court order,they wanted to arrest me for false imprisonment,(even though his wife was illegally in truck with him.You will not get any help from the Police as they would not even take report of criminal damage to my disability carriage.The Police DO NOT know CIVIL LAW and seem to want to distance themselves from it.I understand what your going through.It is very stressful and expensive for the average person,let alone if your struggling or vunerable! Keep all receipts of any expenses incurred.Never make them up.these companies hire private investigators!!! Hope all works out well for you.

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  • 3 weeks later...

Just been back to County Court for a very interesting directions hearing!

The judge got the other side to admit that the payment of secret commission would render the original agreement void and unenforceable and so the gist of the final hearing will be to examine the findings of the High Court and determine whether commission was paid and what should then happen with regard a ruling for Unfair Relationship.

 

Bring it on!!

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Just been back to County Court for a very interesting directions hearing!

The judge got the other side to admit that the payment of secret commission would render the original agreement void and unenforceable and so the gist of the final hearing will be to examine the findings of the High Court and determine whether commission was paid and what should then happen with regard a ruling for Unfair Relationship.

 

Bring it on!!

 

Well done - so let me get this right. Welcome legal reps have admitted that the secret commission would render the agreement void and unenforceable?

 

But as yet they have not admitted paying a commission?

 

Am i right - or misreading this?

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Well done - so let me get this right. Welcome legal reps have admitted that the secret commission would render the agreement void and unenforceable?

 

But as yet they have not admitted paying a commission?

 

Am i right - or misreading this?

 

Yes they did concede today that if a secret commission was paid the agreement would be rendered void and unenforceable, whether this amounts to an Unfair Relationship will be a decision to be made at the final hearing which is set for early January in Birmingham. Today was just a directions hearing to assess what remains to be decided.

 

In their original defence they denied paying secret commission but then admitted it at trial saying only a small amount was paid so they could argue causation and get away with it.

The High Court judge reminded them of Hurstanger at the appeal and admonished their causation defence, employing the principle of Equitable Duty.

 

I now have to provide the transcript of the High Court Judgment so that the final hearing can be based on the Lord Justice's findings.

 

They have been pushing for further disclosure, I expect they want to try to use the Harrison case. Let's hope for a favourable outcome to this appeal, it would be great to see their only defence case law overturned! I believe the judgment is expected early October.

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I await with baited breath and congratulate you on all the hard work you have put in. If you win i may quote your case as case law against them myslef.

 

In my case i have written evidence of the commission being paid. If you need a copy or a WS for your case am happy to help.

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OMG Was only talking about you and this today with Jo lol :D is all I have to say xxx

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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  • 3 weeks later...
If you received no notice of default they cannot take your vehicle.The Police are absolutely useless, and when they(the Police) took my disability carriage vehicle keys and handed them over to a civillian, and allowed them to drive on a disability tax disc from Basingstoke to Essex.I got a court order to have my vehicle returned forthwith.On return of vehicle I had to call Police again as dodgy company refused to give me keys and tried to drive off!I got them blocked in with another car until Police arrived.Instead of dealing with carrying out a county court order,they wanted to arrest me for false imprisonment,(even though his wife was illegally in truck with him.You will not get any help from the Police as they would not even take report of criminal damage to my disability carriage.The Police DO NOT know CIVIL LAW and seem to want to distance themselves from it.I understand what your going through.It is very stressful and expensive for the average person,let alone if your struggling or vunerable! Keep all receipts of any expenses incurred.Never make them up.these companies hire private investigators!!! Hope all works out well for you.

 

is this case still alive or has it ceased

would be interested to hear how things stand Sarah

patrickq1

if it is still ongoing have you a thread

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