Jump to content


  • Tweets

  • Posts

    • The US tech giant blamed the attacks on Hafnium, a state-sponsored group operating out of China. View the full article
    • Airlines in the region are coming up with different strategies to tackle the pandemic travel slump. View the full article
    • The 46,000-year-old Juukan Gorge rock shelters were destroyed to make way for an iron ore mine last year. View the full article
    • yep did warn of this before.   let it run they'll sell it on.  
    • Update from FOS. They have sided with Tesco Bank. Their main reasoning for this is due to "floor limit's"   Thee statement the FOS put is as follows: "Regardless of who the retailer is, it’s not unusual for stores to have the aforementioned ‘floor limit’ in place. And if the store doesn’t request authorisation from Tesco for the transaction to be approved then it doesn’t have the opportunity to decline it, and once the transaction goes through Tesco has an obligation to pay that amount even if it takes the consumer over the agreed limit.   So based on the information that I currently have I can’t find that Tesco’s done anything wrong because it’s correctly applied the over limit charges as per the terms and condition of the credit card.   And while these same terms and conditions state Tesco has the ability to stop transactions and prevent consumers going over their limit, again this is only possible if the retailer requests authorisation for the transaction.   But there’s also no obligation on the business to stop these transactions, the terms and conditions say that it can or may stop them but don’t state that they will.   It’s important to remember that ultimately it’s always the consumer’s responsibility to manage their account and make sure that they stay within the agreed credit limit. It’s not the business’ responsibility to manage the consumer’s account for them and stop them from going over the limit."   If all merchants have floor limits then what's to say for example Currys having a floor limit of £500 and someone with a credit limit less that £500, does this mean the transaction goes through?   It seems like this so called floor limit is an excuse for Tesco's to make money.
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Witness Statement from non english speaker


Please note that this topic has not had any new posts for the last 3190 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

Hi,

 

If I want to disclose / use a witness statement from a non-english speaker, do I (or can I) need to translate it myself (I can speak this language fluently), or do I need to submit the statement in a foreign language, and the court has to translate? Will the court then send the statement translated to the defendant?

 

Thanks

Link to post
Share on other sites
Hi,

 

If I want to disclose / use a witness statement from a non-english speaker, do I (or can I) need to translate it myself (I can speak this language fluently), or do I need to submit the statement in a foreign language, and the court has to translate? Will the court then send the statement translated to the defendant?

 

Thanks

 

 

 

The Court will not translate it. You will need to send the statement in English.

 

Also when it gets to trial you will need to arrange and pay for a translator for when the witness gives evidence.

Link to post
Share on other sites

Thanks Ganymede. I can translate it myself, thats no problem.

 

The witness probably does not need to come to court, I think a witness statement should be enough (I have plenty of other evidence!)

Unless I am missing a trick, I can use a witness statement (i.e. just a bit of paper) as evidence, no need for the witness to attend (although I understand this may have more "weight" as evidence)?

Link to post
Share on other sites
Thanks Ganymede. I can translate it myself, thats no problem.

 

The witness probably does not need to come to court, I think a witness statement should be enough (I have plenty of other evidence!)

Unless I am missing a trick, I can use a witness statement (i.e. just a bit of paper) as evidence, no need for the witness to attend (although I understand this may have more "weight" as evidence)?

 

IMHO things might not be as simple as you think.

 

How does the witness know that you have translated his WS verbatim when you ask him to sign it?

 

Similarly for the court?

 

Probably other questions will arise.

 

Rob

Link to post
Share on other sites
IMHO things might not be as simple as you think.

 

How does the witness know that you have translated his WS verbatim when you ask him to sign it?

 

Similarly for the court?

 

Probably other questions will arise.

 

Rob

 

Realistically you should be looking at disinterest for the translation.

Link to post
Share on other sites

Thats why I would have thought that the court would have required a translator, otherwise things could be lost in translation (or made up).

 

So do I need a translator, or can I do it myself?

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...