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    • That's fine - I'm quite happy to attend court if necessary. The question was phrased in such a way that had I declined the 'consideration on the papers' option, I would have had to explain why I didn't think such consideration was appropriate, and since P2G appear to be relying on a single (arguably flawed) issue, I thought it might result in a speedier determination.
    • it was ordered in the retailers store  but your theory isnt relevant anyway, even if it fitted the case... the furniture is unfit for purpose within 30 days so consumer rights act overwrites any need to use 14 days contract law you refer too. dx  
    • Summary of the day from the Times. I wasn't watching for a couple of interesting bits like catching herself out with her own email. Post Office inquiry: Paula Vennells caught out by her own email — watch live ARCHIVE.PH archived 23 May 2024 11:57:02 UTC  
    • Frankly I think you should go to a hearing unless you feel especially nervous . If you have any worries then you should follow our link to find out about a county court familiarisation visit     You shouldn't forget that county Court judgements are very helpful but they are not binding. They are only persuasive.  It is difficult to see you losing but it might be better to be there in order to counter any arguments from the other side
    • OK - I have rejected mediation and said I wish to proceed to a court hearing. I said 'Yes' to : Do you consider that this claim is suitable for determination without a hearing, i.e. by a judge reading and considering the case papers, witness statements and other documents filed by the parties, making a decision, and giving a note of reasons for that decision? since they appear to be relying solely on my failure to purchase their additional 'parcel protection coverage/insurance' which my submission of the PENCHEV and SMIRNOVS transcripts should kick firmly into touch.    
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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.

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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.
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      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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HFO Capital/Services/Roxburghe - OFT Minded to Revoke Licences!


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Surely if a solicitors firm SOLELY does debt collecting (and I can name a few) then they MUST have a separate licence. Its a bit like a bus company only licencing one bus when they need to licence the lot - cheapskates or what.

 

Should hopefully be a nail in the coffin to the 'in house solicitor teams' operating under a group licence or a group SRA licence... and certain other firms profits would be hit by having to pay out licence fees.

 

The OFT seem to be developing teeth.....

 

Must be all that "training" they are getting :-D

 

S.

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No wonder the SRA are above useless when they can’t even spell.

Bellow is taken directly from the SRA site.

The Law Society's consumer credit group licence has been varied to include the two new categories of ancillary credit business which came into force on 1 October 2008. The two new categories covered by the group licence are "debt administration" and "credit information services". The validity date on the current group licence has expired, but the Office of Fair Training (OFT) has confirmed that it remains in force while the OFT considers our application to renew the group licence.

And again

The group licence covers these activities provided that they are carried on in the course of practice as a solicitor. The SRA has applied for the group licence to be renewed on essentially the same basis, but the Office of Fair Training (OFT) has expressed concern about whether firms that undertake debt collection as part of their core business should be covered by the group licence.

I think someone in the SRA needs some training lol.

 

If the SRA can’t spell Office of Fair Trading they should stick to OFT.

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  • 2 weeks later...
  • 2 weeks later...

Just been looking at the OFT's latest CEA list, and it appears that after any MTR status has been arrived at (which as we all know is quite a serious stage), in the majority of cases whether it be a revoke, refuse 1st application or refuse renewal, the trader has not retained thier licences. They are recorded subsequently as application withdrawn, licence surrendered etc etc. There appears to be no coming back after the OFT decide this. If the internal appeal / adjudication stage can't be overcome, then thats it game over. From my own knowledge of these cases, I am predicting an outcome with similar determinations as given out to (albeit by the Courts) the director of LNS last December. This went criminal and was heard in Southwark Crown Court. We will have to wait with baited breath and see. It would be a major result for the oppressed "little man" if all thier charging orders were forced to be lifted and overturned as in LNS case. If the OFT can do it in that case then it can be done again and again to any other DCA who chooses these modes of operation that we have all been on the receiving end of.

There appears to be light at the end of the tunnel with HFO

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As members of the site team have pointed out there will be a ''Phoenix'' company rising from the ashes of this.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Very true, probably been set up around January time (I suspect - good for tax too...)

 

HFO have proved to be very devious with the inter-company transfers, and maybe this particular business model will be seen as a failure.

 

Are we going to have a site meet up to celebrate their demise?

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As members of the site team have pointed out there will be a ''Phoenix'' company rising from the ashes of this.

 

That all may be well and good, anyone can register a quick ltd co, but the big problem arises as to who will front up and meet the strict criteria for the CCL ?? Im sure that as soon as this happens, if at all, we will all be there to start a "round 2" if they misbehave !!!!

There appears to be light at the end of the tunnel with HFO

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Surely there must be a way we can object if they apply for a CCL for a phoenixed company? Otherwise it makes a mockery of the whole thing - as it is you have to break every rule in the book for literally years before the OFT do something. If they can then just go out and start over, then there seems little point in having the OFT at all :(

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There is by keeping up the complaints to the OFT!!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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The FSA have stated they will not or cannot act in this matter and passed me on to another goverment organisation ? perhaps it is because they are already looking at them , but i have streniously made them aware and i explained that i beleive they are partially accountable if they refuse to act sooner rather than later i have also sent notification to the MINISTRY OF JUSTICE and asked them if they have been made aware of the situation concerning Alice i as yet await a reply concerning the POSSIBILITY OF UNLAWFUL CHARGING ORDERS

patrickq1

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