Jump to content
  • Tweets

  • Posts

    • that doesnt tell us enough about activty on your bank account nor about any other red marks on your credit file. The CIFAS marker isnt about a phone contract so what exacty was the contract for?  you say data but that will come under a service contract so would it be possible to use massive amounts of data improperly and then not pay for it? what about your bank account, were you in the red? were you paying funds into the account from recognised sources like salary. Did you have any other DD's on that account.  
    • can you get some phots of the roof and eaves ect without trespassing on his property? insurers will have to amke good if it is your neighbours property that is causing the problem but i would ask a surveyor to have a look first so you know what to say from the outset to get the best outcome. Your local council also has powers to order them to take action but as they wont engage it may well take the 3 years you ahve given yourslef for the house move
    • you have been stiched up  but you really should have walked away from this well beofre reading the paperwork, let alone signing it.   However, the incentive is part of the contract, same as being given a free gift as part of a sale doesnt mean the retailer caqn give you somehting that is broken and not make good just because it was "free". so, back to the incentive and the terms you signed. Chances are the terms make the contract voidanyway but we wont knwo that until we see it. give us a good idea of what this is all about and you may well find a couple of people will give you the advice you need.
    • I have given them independent reports from two roofers that say they are beyond salvageable due to the upward curl on most of them along with a few cracked.    I have given them 3 quotes for removal (I was / am happy to pay for the reroof, but was based on it being slate as I could have taken it down myself.)    They have been out and taken photos themselves of the current roof along with pictures I sent in when we first found out it was asbestos after that was done was when they offered the £200 and they wouldn't comment any further on the matter.    They have asked me to have it tested officially opposed to an visual inspection but each time I ask them will they cover costs if it does come back as asbestos they ignore the question, three times I have asked.    It was 3 years ago but I first raised the complaint at the start of this year.    The age of the roof in question dates back to the 1920s when the house was built, the main building had its original bare Welsh slate roof with limestone mortar. 
    • Agree, you need to start a formal complaint and keep it in writing but also make it clear what you expect as an outcome. An apology and some commitment to better staff traing regarding general customer services but specifically handling of medical emergencies would be in order. They have a responsibility for the health and safety of all peopel on the premises and it does look like this point was sorely missed by the manager. i would also expect them to write off the cost of the ruined meal as well, you didnt paln in advance to ahve one of your party leave in an ambulance so their actions are pretty shoddy
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
      • 9 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 6 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
steve2577

Civil Evidence Act 1995 and BIP0008 has anybody used this argument

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3577 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I have an ongoing case and would like to quote the Civil Evidence Act 1995 with regards to the Admissibility of Evidence Stored on Electronic Document Management Systems BIP0008 I realise that the LAW and what is considered best practice BIP0008 are 2 different things and there seems to be a lot of discretion for the Judge.

Has anybody been successful in quoting BIP0008 and getting a claimant to produce all the relevant documentary evidence or are Judges accepting the legal admissibillity of documentsby the Banks if something is signed by an officer of the business i.e. Director or Manager or some other Senior person. My confusuion is the Civil Evidence Act seems to give a lot of discretion to the Court in deciding what can be used and what cant be used.

Example If the Civil Evidence Act is quoted and an illegible copy is accepted by the Judge as evidence thereby making this in effect a true copy of the original, then other issues are open to question like who would sign something where most of the text was illegible and if there systems are so great why cant they send a proper copy of the original.

If a reconstituted or illegible agreement is submitted as evidence how strong is the Hearsay argument that is quoted in the Civil Defence Act 1995 (sorry to be so obscure here but I have to decide on pushing for this or not within the next few days).

 

 

The Civil Evidence Act 1995 states

Section 8 proof of statements contained in documents

(1) Where a statement contained in a document is admissible as evidence in civil proceedings, it may be proved:

(a) by the production of the original.

(b) whether or not that document is still in existence, by the production of a copy of that document or of the material part of it, authenticated in such a manner as the court may approve.

(2) It is immaterial for this purpose how many removes there are between a copy and it’s original.

Section 9 Proof of records of business or public authority.

(1) A document which is shown to form part of the records of a business or public authority may be received in evidence in civil proceedings without further proof.

(2) A document shall be taken to form part of the records of a business or public authority if there is produced to the court a certificate to that effect signed by an officer of the business or authority to which the records belong.

For this purpose—

(a) a document purporting to be a certificate signed by an officer of a business or public authority shall be deemed to have been duly given by such an officer and signed by him; and

(b) a certificate shall be treated as signed by a person if it purports to bear a facsimile of his signature.

(3) The absence of an entry in the records of a business or public authority may be proved in civil proceedings by affidavit of an officer of the business or authority to which the records belong.

(4) In this section— “records” means records in whatever form; “business” includes any activity regularly carried on over a period of time, whether for profit or not, by anybody (whether corporate or not) or by an individual; “officer” includes any person occupying a responsible position in relation to the relevant activities of the business or public authority or in relation to its records; and “public authority” includes any public or statutory undertaking, any government department and any person holding office under Her Majesty.

(5) The court may, having regard to the circumstances of the case, direct that all or any of the above provisions of this section do not apply in relation to a particular document or record, or description of documents or records.


All my postings are Without Prejudice and as such can not be used in any Court.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...