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    • @Man in the middle I've been searching the forum and you seem very knowledgeable. Would you mind giving a look at my query please? Thanks in advance!!
    • Thanks for this! I'm still not clear if I'm facing more than 6 points on my license though. Can you explain any further please? When I accept the 2nd speeding ticket, will they just charge me £100 and 3 points, or will they be more severe concenquences since that offense took place the following day of the 1st offense? Similarly, when I accept the 3rd offense, will they look at my record or just charge me with the £100 fine and 3 points?
    • Yes of course. That's why it says cc:: BIg Motoring World at the bottom. Don't imagine that this solves the issue. It doesn't. He not have to force the finance company and big motoring world to accept the rejection to give your money back. I suggest that you get the letter off tomorrow. And let us know what you hear but on Friday you should then send a threat to the finance company.   Have a look what I have said here about your options and read the whole thread as well.  
    • Been perusing the actual figures on the polls above wondering where the '16% claimed for deform comes from? I understand that there are 'weighted' end results based on secret calculations ...   Probably going to repeat this later, but remember that the ukip/brexit/reform/deform party has ALWAYS had poll speculation FAR better than their actual  performance at elections - by large margins. SO: The labor and Tory votes come largely from simply the people who say they will vote for them - sorted Lab 43% Tory 20%, with maybe another small 1-2% coming from the weightings of the 'not sures' Greens largely get what is declared from 'other' , although with another declared green bit from the 'pressed' question   So as the share of the voting displayed in 'other' granted to reform/deform is around 11%, where does the '16% too often being reported come from? Seems that reform has been granted as beneficiary of effectively ALL the don't knows and wont says, who when pressed didn't actually declare for someone else ... effectively adding 40%+ to their reported polling % - rather strange given their consistent under-performance compared to polling - or perhaps that is the cause of the higher rating eh?   Now I admit the possibility (probability?) of wingers being ashamed of declaring their support for the yuckey lemon end of the spectrum ... but surely  that should affect the 'Torys as well? Maybe the statisticians have simply weighted in that deform wingers are simply more likely to lie?   But - without 'weightings' and assumptions that faragits will get everything that isnt declared as a definite and unequivocal 'not that Piers Morgan' - reform is on around 11% it seems.   Add to that the history of polling a lot less than the hype - and the simple fact that faragit wingers seem to be spread across the country (presumably skulking in their moms spare room despite being 45+) and greens and lib dems seem to be community minded - I think two seats will be an epic result for farage. Hardly the opposition - far more raving wingnut party.   and importantly - Has farage got a home in clacton yet?
    • "as I have no tools available to merge documents, unless you can suggest any free ones that will perform offline merges without watermarking" (which you don't) ... but ok please upload the documents and we'll go from there
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
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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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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Repossession questioned by deeds not being signed


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[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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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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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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....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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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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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.

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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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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?

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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?

 

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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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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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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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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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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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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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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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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