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    • Hi I appealed online on 28/12/19. I have attached my submission as a further PDF   Thanks
    • I received £1500 from a friend and another £1000 another from their Revolut accounts, which are fine. I would be OK if Revolut just returned the money to them. Happy to provide proof of income and they are happy to do so, too.
    • POFA plays no part in limiting court costs.  costs recovery under the small claims track is very limited   2 cases heard together? 1st you've told us about this....        
    • Just a general comment - as I know nothing about legal procedures...   I agree with what I think BankFodder is suggesting - it really ought to be a straightforward question of a breach of contract.  You've paid for a service and the other party (or their sub-contractor) has failed to perform that service - safe delivery to the addressee.  It seems daft to me that the risk of non-delivery gets passed back to you because you've not paid for insurance against their failure to perform their responsibilities.  It's an inherently unfair* business model that has crept up by stealth, assisted by the growth of internet shopping.  Of course, a court may not agree...   I also agree with BF that you should be able to do some research yourself, and you should see this as an opportunity for self-directed learning as well as self-help!  You can always check back with BF, Andyorch and dx100uk that your understanding is correct.  You might get some ideas for final year dissertation - it's a bit of an academic problem with real-life commercial implications.   *Of course, in the absence of this business model, courier fees would go up, but I would argue that's a fairer way of spreading the risk of loss/damage etc   (PS - I was a law student a looooooooong time ago.  In your position I'd have tried my tutors as a sounding board as well.  I also thought SBU had it's own law clinic - although the advice is likely to be quite basic unless somebody sees this as an "interesting" problem)
    • Thanks EB, I will catchup on the mentioned thread as I had used it before the hearing.   I went for hearing. Rep approached mentioning settlement, talking about them having a strong case to which I pointed out their bundle which they were going through that it says Excel here so aren't you here for the wrong company.   They mentioned sister companies, I mentioned companies house and then I said let's leave it to the judge they went away from me. The rep went into a room presumably to call their firm Elms Legal I think probably for advice.   We ended up being the last hearing before lunch, as the Usher called out our names and said the judge will call you in shortly. The rep came over saying something like I'm surprised you're going in without submitting a WS!   I said it has been served they said well I haven't seen it, when was it sent, do you have copies as I could get the Usher to copy, I said I may,  rep - you either do or you don't Take care of yourself.I said well we will have to put this in front of the judge now.   Inside the rep said to the judge about my WS not being served and they asked me on multiple occasions for the WS I said 5 minutes before coming in is not multiple occasions. The judge said they had my WS along with an index of papers I had sent in that they have been looking at.   The rep started with their page contract and terms and conditions picture in their bundle saying they have a valid contract and that in the Tariff /T&C picture it mentioned about entering into a contract with VCS.   The judge asked me what I made of that I argued where is the contract giving them, a 3rd party, authority from Excel to issue proceedings in their own rights? The judge said to the rep, Defendant not accepting this so we are not getting anywhere rep raised WS issue again saying they asked on multiple occasions, again I repeated what 5 minutes before coming in. I said I had Cert of Posting.   The rep mentioned about being given a few minutes to read it and I said I had a copy but the judge was saying it's near lunch and it will take too much time even though the rep said there is still 35 minutes left.   I said the WS was served see COP but the judge said they may have lost it etc so to send it again. I said the rep could have a copy now but the rep was like I couldn't take pictures of it and send back to my client as they only get things from them via email.   I said you could post it but the judge said the rep is saying they can't use post for whatever reason so if I could send it again. Case adjourned.   The rep asked about costs and judge said reserved and I asked about my loss of earnings and that I would have to get leave booked again. Reserved seemed to be the answer but the judge was apologising about being the last morning hearing and said he would make sure we were first next time and the rep asked for an hour instead of 45 minutes so judge asked me and I said ok.   The rep asked about the reason for adjourning to give to their client as they would have had to pay them to attend. Outside at the ushers desk the rep had spoken to the Usher to make a copy from mine (didn't accept it Infront of the judge) and also asked to see the COP and I obliged saying I deem this served now but the rep said you have an order/instruction from the judge to send to VCS. I regret giving them a copy thinking I should have said you will have it once I send it again to VCS. Whilst inside, the judge said as the hearing never started it wouldn't be infront of him again and also the rep said it would probably be someone else as she also wasn't the person named in their WS. As per POFA my understanding is one cannot be made to pay costs more than in the NTK. As it will now be a 2nd hearing, 2 days off work for me and 2 representations for them, will there be double AL for me to claim if I win or double expenses if they win?   There was supposed to  be 2 cases heard together but I only had WS for this one am I supposed to have asked for another WS? Will they be claiming the fee/expenses for both cases with one hearing yet I could only claim for the 2 days AL?   What do you make of what happened at the hearing from their rep, maybe they realised it won't be straightforward especially when it was a judge they were not aware of perhaps they conferred with their team about ways to handle aswell as ways to escape? Thanks      
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Excellent news, lets hope they regret getting involved in this mucky business, it has without a doubt sullied the name of solicitors, so the SRA is doing the right things, lets hope Mr Andrew "I'm bankrupt but still got a massive house and a Bentley in the drive" Crossley is getting worried :)Andy

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Excellent news, lets hope they regret getting involved in this mucky business, it has without a doubt sullied the name of solicitors, so the SRA is doing the right things, lets hope Mr Andrew "I'm bankrupt but still got a massive house and a Bentley in the drive" Crossley is getting worried :)Andy

 

Have you ever passed a pub called 'The Honest Lawyer', or had a drink in one and wondered about the name?

 

David

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....and another thing!!! as the OH says.

 

so the SRA is doing the right things, after 2 years of doing absolutely nothing while this [problem] ran on.

From my own experience with this self serving quango, unless you can catch a solicitor going over the back wall complete with striped jumper and a bag full of cash marked 'swag', you will get little interest.

 

I would not trust them with a push chair in the middle of a disused aerodrome.

 

David

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Certainly the supervision is a lot

slacker than when the Law Society

regulated the profession.


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In my case, I searched Google (sra, ******), the person investigating.

 

I wish I had an employer that alllows me to chat to my friends, book concert tickets etc, when they are supposed to be working for a living.

 

David

 

PS: Try it yourself: Just put their government e-mail address into Google and search.

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David be sensible when has anyone working for these so called

regulatory Quangos' ever done a real days work, to your advice

and had a look it really is astounding what they get away with.

It's the same though through any and every ''government''

agency ministry or what ever if the word government is

mentioned right down to the local councils all a ripping off

the tax paying public especially in England.


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Certainly the supervision is a lot

slacker than when the Law Society

regulated the profession.

 

The SRA is part of the Law Society I believe!

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The Law Society Represents Solicitors and promotes

good practice, training, publicity etc.

 

The SRA regulates and enforces legislation and the conduct

of the solicitors as individuasl or firms to put it simply

although it does go a lot further!

Edited by BRIGADIER2JCS

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

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In reply to Cashins - we have the"The Honest Lawyer" pub in Lodge Road Southampton. The only consolation is that the pub a few doors down is "The Bent Brief"! That makes up for it!

I can only say that these lawyers should have been part of the FSB who would have advised them on their behaviour for free!

Regards to all

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In reply to Cashins - we have the"The Honest Lawyer" pub in Lodge Road Southampton. The only consolation is that the pub a few doors down is "The Bent Brief"! That makes up for it!

 

Anything like The Juniper Berry?


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In reply to Cashins - we have the"The Honest Lawyer" pub in Lodge Road Southampton. The only consolation is that the pub a few doors down is "The Bent Brief"! That makes up for it!

I can only say that these lawyers should have been part of the FSB who would have advised them on their behaviour for free!

Regards to all

 

True, I have had a drink there on more than one occassion.

 

David

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Anything like The Juniper Berry?

 

Don't tell me that's still there!!!!!

 

David

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Don't tell me that's still there!!!!!

 

David

 

They've got rid of the 'Fairy Lights' by the looks; http://southampton-pubs.co.uk/juniperberry/index.htm

 

It was '82 when i was last in there.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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They've got rid of the 'Fairy Lights' by the looks; http://southampton-pubs.co.uk/juniperberry/index.htm

 

It was '82 when i was last in there.

 

What can you say, the place was a falling down larf if you didn't take it seriously.

 

'82 would be a bit late for German Ede's down on East Park.

 

David

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As a naive young squaddie it certainly opened my eyes to a world that I never knew existed., topless Go-Go dancers, strippers etc the lot. The crumpet in the place was unbelievable.

 

When it was my turn to get the round in I happened to mention to the barman that with all the tottie in there I couldn't understand that there was hardly any fellas but us squaddies. He just said "Put it this way, if you dance with any of them and put your hands were you shouldn't you'll grab a handful of more than you expect". Later that night one of the 'girls' got stabbed by a matelot when he grabbed more than he expected.

 

I only went in a couple of times after that & always in a group after we'd come across from Marchwood on the Hubbard lighter boat which acted as a water taxi for the camp.


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Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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A bit of history:

 

That area was pretty lively at night with other bars and a nightclub in nearby St Michael Sq. By then though, most of the 'working girls' had moved down to St Mary's. As with many town, refurbishment of the inner city areas brought respectability , rising property prices and complaints from the new residents regarding places like this. (Bit like moving near the airport then complaining about the noise). Upshot was it wasn't long before the rest followed the girls down to St Mary's.

 

David

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TBH I didn't go across very often I preferred the local pub in Marchwood, the Mess or the surrounding villages. Sometimes we used to go to Hythe, Bucklers Hard or Lymington or across to the IoW. We had use of the Regimental yacht so besides working on the 'oggin we spent much of our leisure time on it as well. ;)


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