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    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
    • Have to agree with the above Health and safety legislation is specific in that the service provider in so far as is reasonably practicable, the health, safety and welfare at work of all his employees and those not in the employ of the business. You claim is like saying you slipped in the swimming pool area while taking a dip. As rightly stated by by the leisure centre, a sports hall has dedicated equipment and you yourself personally have a legal obligation in mitigating danger or injury to yourself by taking account of your immediate surroundings. Where your claim will fail is if it is reasonable and proportionate to impose liability of the Leisure Centre? The answer has to be no.
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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.

      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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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Fringe's funniest joke prize - Can you do better?? Add your joke to the list


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http://www.bbc.co.uk/news/uk-scotland-11053202

 

The top 10 festival funnies were judged to be: (BTW not so funny nor PC)

 

1) Tim Vine "I've just been on a once-in-a-lifetime holiday. I'll tell you what, never again."

 

2) David Gibson "I'm currently dating a couple of anorexics. Two birds, one stone."

3) Emo Philips "I picked up a hitch hiker. You've got to when you hit them."

 

4) Jack Whitehall "I bought one of those anti-bullying wristbands when they first came out. I say 'bought', I actually stole it off a short, fat ginger kid."

 

5) Gary Delaney "As a kid I was made to walk the plank. We couldn't afford a dog."

 

6) John Bishop "Being an England supporter is like being the over-optimistic parents of the fat kid on sports day."

 

7) Bo Burnham "What do you call a kid with no arms and an eyepatch? Names."

 

8) Gary Delaney "Dave drowned. So at the funeral we got him a wreath in the shape of a lifebelt. Well, it's what he would have wanted."

 

9) Robert White "For Vanessa Feltz, life is like a box of chocolates: Empty."

 

10) Gareth Richards "Wooden spoons are great. You can either use them to prepare food. Or, if you can't be bothered with that, just write a number on one and walk into a pub…"

 

 

 

Come on lets hear your funnies.

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Why do Elephants wear pink ballet shoes when they go dancing in the jungle? So they wouldn't get their white shoes dirty.

 

What is the difference between a banker and a pidgeon - a pidgeon can still put a deposit on a Ferrari....

 

What is the difference between the Icelandic volcano and Cheryl Cole? The volcano is still blowing ash....

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What's pink and hard? A pig with a baseball bat.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

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Emo Philips (number 3) told one of my favorite jokes a long time ago.

 

I prayed to god that I got a new bike for Christmas, but my mother told me "God doesn't work in that way!" So I stole a bike and prayed for forgiveness!

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

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Geneticists have discovered that you are more likely to die of the same thing as your maternal grandfather over your own father. So, if anyone sees a German sniper, can you warn me please?

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

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Q. How do you turn a duck into a soul singer?

A. Put it in the microwave until it's bill withers.

 

 

My dog Minton keeps eating all my shuttlecock's.

Bad Minton!!!

 

Q. What's grey, sits at the end of the bed and takes the p**s?

A. A kidney dialysis machine.

 

Q. What goes woof woof boom?

A. A Terrierist.

 

 

 

 

 

Getting coat.

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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  • 3 weeks later...

I was reading these out to my OH and by the time I'd got to Bad Minton I actually couldn't speak any more:lol:

 

Two fish in a tank. One says 'do you know how to drive this thing?

 

Two parrots on a perch. One says 'can you smell fish?'

 

So I was in my car, and I was driving along, and my boss rang up, and he said 'You've been promoted.' And I swerved. And then he rang up a second time and said "You've been promoted again.' And I swerved again. He rang up a third time and said 'You're managing director.' And I went into a tree. And a policeman came up and said 'What happened to you?' And I said 'I careered off the road.'

 

So I was running in a race when suddenly I was hit by a sausage roll, then a chicken leg, then a French stick. I think I was hampered.

Time flies like an arrow...

Fruit flies like a banana.

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Two hunters are out in the woods when one of them collapses. He doesn't seem to be breathing and his eyes are glazed. The other guy whips out his phone and calls the emergency services. He gasps, "My friend is dead! What can I do?". The operator says "Calm down. I can help. First, let's make sure he's dead." There is a silence, then a shot is heard. Back on the phone, the guy says "OK, now what?"

 

 

A woman gets on a bus with her baby. The bus driver says: "That's the ugliest baby that I've ever seen. Ugh!" The woman goes to the rear of the bus and sits down, fuming. She says to a man next to her: "The driver just insulted me!" The man says: "You go right up there and tell him off – go ahead, I'll hold your monkey for you."

 

At about 3AM, I was drunk as a skunk. I came home just in time to hear the cuckoo clock cuckoo three times. Quickly coming up with a plan, I cuckooed nine more times, hoping my wife would think it was midnight. I was very proud of myself.

The next day, my wife asked what time I got home, and I replied, "Midnight, just like I said."

She said that was good, and for some reason she said we needed a new cuckoo clock. When I asked why, she answered, "Last night when it cuckooed midnight, it cuckooed three times, said '****!,' cuckooed four more times, farted, cuckooed three times, cleared its throat, cuckooed two more times and then started giggling."

 

The Lone Ranger comes into town during the hottest part of summer. He stops outside a bar and tells Tonto to run in circles around Silver his horse, waving his poncho to keep a nice breeze on Silver while he goes in to have a drink drink. A couple of minutes later a man dressed in black swaggers into the bar and says "You the Lone Ranger?" "Yes, I am" the Lone Ranger replies. "Oh," says the man dressed in black, "Did ya know ya left your injun runnin?"

 

 

There were these two guys out hiking when they came upon an old, abandoned mine shaft. Curious about its depth they threw in a pebble and waited for the sound of it striking the bottom, but they heard nothing. They went and got a bigger rock, threw it in and waited. Still nothing. They searched the area for something larger and came upon a railroad tie. With great difficulty, the two men carried it to the opening and threw it in. While waiting for it to hit bottom, a goat suddenly darted between them and leapt into the hole!

 

The guys were still standing there with astonished looks upon their faces from the actions of the goat when a man walked up to them. He asked them if they had seen a goat anywhere in the area and they said that one had just jumped into the mine shaft in front of them! The man replied, "Oh no. That couldn't be my goat, mine was tied to a railroad tie."

 

A woman in the bar says that she wants to have plastic surgery to enlarge her breasts. Her husband tells her, "Hey, you don't need surgery to do that. I know how to do it without surgery."

The lady asks, "How do I do it without surgery?"

"Just rub toilet paper between them."

Startled the lady asks, "How does that make them bigger?"

"I don't know, but it worked for your ass."

 

 

 

There was a policeman on his horse waiting to cross the road when a little boy on

his new shiny bike stopped beside him.

''Nice bike,'' the policeman said, ''did Santa bring it to you?''

''Yep,'' the little boy said, ''he sure did!''

The policeman looked at the bike and while handing the boy a £20 ticket he said,

''Next year, tell Santa to put a license plate on the back of it.''

To go along with the policeman, the little boy said, ‘‘nice horse you got their sir,

did Santa bring it to you?'' ''Yes, He sure did,'' said the policeman.

The little boy looked up at the policeman and said, ''Next year tell Santa to put

the dick underneath the horse instead of on top.''

Edited by SOD'EM

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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  • 1 month later...

I went shopping with the wife the other day and I tried on a new coat.

I asked how I looked and she said I look great. She then said that it

makes me look thinner, so I said she should get one too.

 

 

I still don't know why she hasn't spoke to me for 3 days.:|

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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