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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By tobyjugg2 · Posted

      Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • unclebulgaria67
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By unclebulgaria67 · Posted

      Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • tobyjugg2
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By tobyjugg2 · Posted

      Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
    • dx100uk
      Judge & Priestly

      By dx100uk · Posted

      when did they (who) inform you there was a 'police case' and when was this attained? i will guess the debt is now SB'd as it's UAE 15yrs. have you informed the bsnk ever by email/letter of your correct and current address? you can always ignore anyone else accept the bank,  Block and bounce back all emails. Block any text messages  Ignore any letters unless it's: - a Statutory Demand - a Letter Of Claim - a Court Claimform via Northants bulk.  
    • Bhindi lover
      Judge & Priestly

      By Bhindi lover · Posted

      I left Dubai 8 years ago and intended to return. However a job prospect fell through. I’d been there for 15 years. I decided to pay my credit card and the bank had frozen my account. There is no means to pay the CC so completely unable to pay when I wanted to other than the bank advising me to ask a friend in the UAE to pay it on my behalf!  fast forward bank informs there is a police case against me for non payment. Years later IDR chased me and after months/ years they stopped. Now Judge & Priestley are trying their luck. Now I have received an email in English and Arabic from JP saying the bank has authorised them to collect debts. Is this the same as IDR although I didn’t receive anything like this from them. Just says they are authorised?

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      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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Repossession questioned by deeds not being signed

IS IT ME?

By IS IT ME?
in Mortgages and Secured Loans

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applecart

applecart

Posted
Posted

Here's a link to the Law Commission Report 143:

 

http://lawcommission.justice.gov.uk/docs/cp143_Execution_of_Deeds_and_Documents_Consultation.pdf

 

Apple

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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UNRAM

UNRAM

Posted
Posted
Hi UNRAM

 

You may re-call that I referred you to the case of "HILMI".......that is where I have been able to source the information....

 

See.....The Law Commissions Consultation Paper on the Execution of Deeds and Documents by or on behalf of Bodies Corporate, Consultation Paper 143 (1996), para 2.2 and 2.3

 

It was referred to by the Judge in deciding the case in HILMI & Associates Ltd v 20 PEMBRIDGE VILLAS FREEHOLD LIMITED [2010] EWCA Civ 314 at para 29

 

Hope this helps?

 

Apple

 

Are there any other court cases to reinforce the principle? Surely this issue came up before 2010?

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applecart

applecart

Posted
Posted
Are there any other court cases to reinforce the principle? Surely this issue came up before 2010?

 

Hi UNRAM

 

I'm sure there will be and it will have done....but for present purposes....I believe 'HILMI' will suffice.....

 

There is no need to bombard the Lender and the courts with every single piece of case law that you can get your hands on......

 

The Chamber already are considering 'Gargillo' and 'Bibby'.....and reference to the RRO.....

 

The combined effect of the three should make a difference to the outcome for all Borrowers.....

 

Apple

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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applecart

applecart

Posted
Posted

....Just to follow on......it is not the finding that the HILMI Case was not decided until 2010 that is significant per se..... the significance in that case is that in 2010 the Judge relied on the report of the Law commission that was way before 2010.....

 

So.....the principle is the principle regardless of when one needs to rely on it....

 

Apple

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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applecart

applecart

Posted
Posted

I have to pop off the forum for now.......due to other commitments.....but, do post any queries as usual.... I will pick up on them anyway : )

 

Apple

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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UNRAM

UNRAM

Posted
Posted (edited)

The Law Commissions Consultation Paper on the Execution of Deeds and Documents by or on behalf of Bodies Corporate, Consultation Paper 143 (1996)

http://lawcommission.justice.gov.uk/...nsultation.pdf

 

2.2 The law of England and Wales makes an important distinction between instruments which are executed in “solemn form” as deeds, and other instruments which are generally referred to as being in “simple form” under hand.1 Where the instrument is a contract, this is recognised by the distinction made between a contract executed as a deed, which is a specialty, and an instrument under hand, which is a simple contract.

 

2.5 It will be seen that at common law, all deeds were documents under seal.6 Hence contracts executed in solemn form were and are still commonly referred to as “contracts under seal”.

 

11.6 [section omitted] A deed is an instrument in solemn form. Such an instrument (or, depending on how the term “specialty” is used, any obligation contained in it) is a specialty because it is in solemn form.[section omitted] A contract which is executed by an individual as a deed (that is by attested signature), and which makes it clear on its face that it is intended to be a deed, will therefore be both a deed and a specialty.

Edited by UNRAM
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UNRAM

UNRAM

Posted
Posted

http://lawcommission.justice.gov .uk/...nsultation.pdf

 

What is required for delivery?

 

6.2 Originally, delivery was the physical act of handing the deed over to the other party, or instructing him to take it up, but the matter is now essentially a question of the intention of the maker of the deed. A deed is delivered in law “as soon as there are acts or words sufficient to [show] that it is intended by the party to be executed as his deed presently binding on him”, and even though that party retains possession of the document.1 It does not matter whether this intention is actually communicated to the other party, so long as it is shown by some sufficient act or words.

 

The mortgage deed I signed only says "signed as a deed" not "executed as a deed"... I've checked T&C's... Nothing anywhere about intention to execute a deed.

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IS IT ME?

IS IT ME?

Posted
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God Apple having time off as WELL as tea! what next LOL

 

I agree fully with your posts 1567 and 1573 when you hand documents in get them to stamp them and at NO time just leave them there, as in our case the WHOLE file went missing for two months!

I also agree that posters SHOULD be able to do PM for their defence papers BEFORE going to court with them so any problems could be dealt with, as you and I knew there are more solicitors , there staff and all and sundry looking at these threads now and for us to go this far with this is some thing no one not even me thought off.

Al, then you had in your papers you will not get a hearing date there and then they will give it to the judge to look at and he or she could just give an order to adjured until six months or what ever, but if not don't worry I'll come along, just let me know.

Do you know who the agent was for the other side?

http://epetitions.direct.gov.uk/petitions/56915

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UNRAM

UNRAM

Posted
Posted
God Apple having time off as WELL as tea! what next LOL

 

I agree fully with your posts 1567 and 1573 when you hand documents in get them to stamp them and at NO time just leave them there, as in our case the WHOLE file went missing for two months!

I also agree that posters SHOULD be able to do PM for their defence papers BEFORE going to court with them so any problems could be dealt with, as you and I knew there are more solicitors , there staff and all and sundry looking at these threads now and for us to go this far with this is some thing no one not even me thought off.

Al, then you had in your papers you will not get a hearing date there and then they will give it to the judge to look at and he or she could just give an order to adjured until six months or what ever, but if not don't worry I'll come along, just let me know.

Do you know who the agent was for the other side?

 

Im happy to set up a google docs or similar facility and we can share the passcode through CAG if document sharing is going to become an obstacle...

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p.j

p.j

Posted
Posted
God Apple having time off as WELL as tea! what next LOL

 

I agree fully with your posts 1567 and 1573 when you hand documents in get them to stamp them and at NO time just leave them there, as in our case the WHOLE file went missing for two months!

I also agree that posters SHOULD be able to do PM for their defence papers BEFORE going to court with them so any problems could be dealt with, as you and I knew there are more solicitors , there staff and all and sundry looking at these threads now and for us to go this far with this is some thing no one not even me thought off.

Al, then you had in your papers you will not get a hearing date there and then they will give it to the judge to look at and he or she could just give an order to adjured until six months or what ever, but if not don't worry I'll come along, just let me know.

Do you know who the agent was for the other side?

 

hi is it me i agree with you on the pm to many eyes now looking i could do with your help to i have never been to court for this kind of situtation..i handed my first lot of papers in they wouldn't stamp them as received they just said your on camera handing the envelope over so when i hand in my defence this week i will double check the judge got them i will carry another copy just incase.

 

pj

e-petition is live please sign it.. unlawful repossessions..!!!

http://epetitions.direct.gov.uk/petitions/56915

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p.j

p.j

Posted
Posted
PJ,

 

No that's not right, if you hand them in and ask for your copy's to be stamped they HAVE to do it.

No prob with help where are you ?

 

hi is it me thanks thats good to know i am in nottingham.i did insist on them stamping them and giving me a receipt of hand delivery they just kept on saying your on camera theres your proof.

 

pj.

e-petition is live please sign it.. unlawful repossessions..!!!

http://epetitions.direct.gov.uk/petitions/56915

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ims21

ims21

Posted
Posted
hello CAG whats the policy regarding allowing people to share information privately. is CAG against this?

 

Why can you not post documents on the open forum?

 

One major point is that you never know who you are dealing with off forum despite what they may appear to be on the open forum.

 

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UNRAM

UNRAM

Posted
Posted
It didn't refer to anyone.

With an anonymous forum you never know who anybody is.

 

Unless my name birth name is UNRAM (pretty as it might be its not) then that's what this is and that not topic of discussion which is private messaging on public forums.

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p.j

p.j

Posted
Posted

got my letter back from the tribunal and its good to go they have excepted the case and given me documents to serve on the lender.

 

its says send a copy of my application plus a copy of the order to them and the court.

 

am off to sort it asap.

 

p.j

e-petition is live please sign it.. unlawful repossessions..!!!

http://epetitions.direct.gov.uk/petitions/56915

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p.j

p.j

Posted
Posted
PJ

Thats good news yes HAND the copy in to the court with a letter just asking if the matter could be adjourned until the tribunal hearing

well done.

 

yes good news is it me off to get it handed in they want proof of delivery and proof of sending to lender.

 

pj

e-petition is live please sign it.. unlawful repossessions..!!!

http://epetitions.direct.gov.uk/petitions/56915

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TimetogoRAM

TimetogoRAM

Posted
Posted
yes good news is it me off to get it handed in they want proof of delivery and proof of sending to lender.

 

pj

 

When did u send off your application pj?

 

Is it me? Has your application been accepted despite your lender's attempt to strike it out?

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