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    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
    • Have to agree with the above Health and safety legislation is specific in that the service provider in so far as is reasonably practicable, the health, safety and welfare at work of all his employees and those not in the employ of the business. You claim is like saying you slipped in the swimming pool area while taking a dip. As rightly stated by by the leisure centre, a sports hall has dedicated equipment and you yourself personally have a legal obligation in mitigating danger or injury to yourself by taking account of your immediate surroundings. Where your claim will fail is if it is reasonable and proportionate to impose liability of the Leisure Centre? The answer has to be no.
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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.
      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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Death of democracy in the UK


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On Monday, something happened in the House of Commons that should cause electors to wonder what parliament is for. The motion before the house was that “a commission of inquiry be established to investigate the impact of the government’s welfare reforms on the incidence of poverty”. At the vote the government was defeated by 125 votes to two. The result: nothing at all – it wasn’t reported and the government is ignoring it.

http://www.michaelmeacher.info/weblo...of-parliament/

 

So we have what is virtually a Conservative led coalition dictatorship, accountable to no one including the members of it's own house. A government that thinks nothing of retrospectively changing legislation to suit it's own agenda.

 

If the public understood more transparently how the corrupting influence of patronage actually works, how the power system turns everything to its own advantage, and how the genuine objectives of democratic elections are so readily thwarted, a lot of these unedifying practices would have to be curbed.

 

Quite Mr Meacher, unfortunately the public are only too willing to have the wool pulled over their eyes by this unelected government who's actions have no democratic mandate at all.

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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Not surptusibg gicen the current government was unelected. And look after big business only.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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Not surptusibg gicen the current government was unelected. And look after big business only.

 

you can say that about any government.

 

Actually agree or not they were elected by the system that we have in place.

Are Labour really any different, I dont think so

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Not really. As the system allows an unelected political part to take power. At least we dont have the system like America does. That is broken beyond belief.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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It;s sad things like this happen, yet NOTHING is reported in the media about it

 

 

TPUaUcw.jpg

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Where is the rules laid down for that ?

 

It's happened many many times over the last few hundred years. I dont know the exact law, but it is lawful.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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Does anyone else out there know ?

 

Know what ?

 

The government currently occupying No 10 etc were elected so not sure what the question is ??

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Know what ?

 

The government currently occupying No 10 etc were elected so not sure what the question is ??

 

Elected using a rather suspect system yes.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Know what ?

 

The government currently occupying No 10 etc were elected so not sure what the question is ??

I beg to differ, show me one single person that voted for a Conservative/LibDem coalition?

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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I beg to differ, show me one single person that voted for a Conservative/LibDem coalition?

 

Nobody did, but the system allowed for it. Hwoever, Cam-moron seems to think it is a conservative government and NOT a coalition one. Thats why he has been doing basically whatever he wants, and milliband and his bunch of merry muppets are too cowardly to do anything about it. Get a vote of no confidence in and lets get early elections rolling.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Nobody did, but the system allowed for it. Hwoever, Cam-moron seems to think it is a conservative government and NOT a coalition one. Thats why he has been doing basically whatever he wants, and milliband and his bunch of merry muppets are too cowardly to do anything about it. Get a vote of no confidence in and lets get early elections rolling.

 

It matters not who runs the country if the government of the day can simply ignore it's own house, as Mr Meacher wrote.

 

There is a major constitutional issue here. The government arbitrarily takes the view that unless it is defeated on its own business – almost impossible – all other votes are regarded as advisory and set aside. This will begin to matter when there is a public petition which gains enough signatures to secure the right to a debate in parliament and then, if the government loses, nothing happens.

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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The conservatives are one of the worst parties to get in power. Sure, NONE of the others are above reproach, but just check the history of the conservatives and who they REALLY represent. It definitely isnt the common person. Sadly, most parties are like this too, and it seems that unless you are already a millionaire and can buy your way into power, then nothing will ever change. Just look at the people from normal society that tries to become an MP. They get shot down fast by other MP's and laughed at.

 

PM's question time is another example. It's like a school playground in there. No actual discussion takes place. It's all about "we're better than you nah nah nah", instead of focusing on the real problems, and ignoring the petty squabbles in government.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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I don't think the meaning of the coalition is being grasped.

 

 

The conservative party won more seats than any of the other parties but less that the other parties put together. So that makes the Tory Party the winner.

 

 

As they have less seats than the other parties combined, they could either call another election or ask one of the other parties to join them. If they tried to make legislation as a minority then the chances are they would be ganged up on by the other parties and not get anything through so be forced to call an election.

 

 

They can, however, ask one of the other parties to join them in doing what they would hope to get the country back on it's feet. The Libs said yes because they have less chance of winning an election than I have of winning the Lottery, the Eurolottery and the Thunderball in the same week.

 

 

Libs agreed to come in with the Tories if they could have some of their policies brought in. They don't get them all but won't break away from the coalition as the position that Clegg is in as Deputy PM will bring him a bigger pension.

 

 

Further into this year I think you will start to see cracks opening up between them as it draws closer to the election.

 

 

As for the Queen asking to form a government, that is just tradition now, she couldn't stop the majority party forming the government even if she wanted to.

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Its important to understand that the legislature (parliament) and the government are not the same thing. They are fundamentally different and have separate roles.

 

 

The role of the legislature is to pass laws. The role of government is to run the country. Parliament can decide to hold a vote on how the country is run but unless that vote takes the form of primary legislation it is not binding.

 

 

This is why most sensible countries have separate elections for the government and separate elections for the legislature. Under our political system we do not elect governments and we never have. You elect an MP, the leader of the largest party becomes the Prime Minister, and the Prime Minister appoints the government.

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Its important to understand that the legislature (parliament) and the government are not the same thing. They are fundamentally different and have separate roles.

 

 

The role of the legislature is to pass laws. The role of government is to run the country. Parliament can decide to hold a vote on how the country is run but unless that vote takes the form of primary legislation it is not binding.

 

 

This is why most sensible countries have separate elections for the government and separate elections for the legislature. Under our political system we do not elect governments and we never have. You elect an MP, the leader of the largest party becomes the Prime Minister, and the Prime Minister appoints the government.

 

 

Most people's votes, in practice, don't count. If you live in a 'safe' seat, it makes no difference what you vote. Only those living in marginals have any chance of influencing who their MP is.

 

 

There is no democracy.

Edited by estellyn

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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I've just read this - this is really shocking:

Britain’s overseas aid programme is a shambles and an insult to the British taxpayer. The latest astonishing fact to be revealed is that we are forking out £2 million a year to Argentina-of all countries!

Almost on a daily basis, Argentina are making warlike threats to Britain over the Falkland Islands. Indeed only a couple of weeks ago, Argentina’s Foreign Minister, Hector Timerman, accused Britain of the “colonial and military occupation of Argentine territory”.

More ...

Edited by Conniff
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Just a small piece from an article i read not long ago.

 

The UK Parliament agreed in the European Communities Act 1972 that the UK would accept all legislation adopted in the EU, and the decisions of the European Court of Justice, without any further action by Parliament to implement them being necessary and that the rights and obligations created by such decisions would be enforceable in UK law. And further... if Parliament were to legislate to overthrow an EU measure, (which they are doing) the European Court of Justice would rule this action illegal or invalid as possibly the UK courts would too. If the Government of the day, supported by Parliament, refused to comply, there would be a major crisis and, failing a compromise, Britain would find itself on a path which would lead to withdrawl.

 

The EU is hardly democratic.

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