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    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
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Can anyone assure me that the District Judges are not influenced by minority religious/political groups


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Hello everyone

 

You may think that I am a bit paranoid but I would like to ask your opinion and advice about a potential collusion case about a district Judge in the UK

 

My story is about a non-fault accident which I was involved in 2014 and eventually took the company who hit me as well as the management company who was acting on behalf of me based on breach of our contract.

 

Everything was all fine until the hearing date; on the day the defendants sent their counsels and the following is the summary of my experience with the judge (all bear in mind one of the defendant already admitted the fault and paid me the repair of my car - however the case was my broken digital device during the accident and my time off from work whilst my car being repaired)

 

It was a small claims court and the case was dismissed by the judge and I was asked to pay both counsels fees (inclusive of vat)

 

I was humiliated and I was questioned like in a police custody..., one of the counsel blatantly blamed me about lying however I had provided all the documents.

 

Here is my notes of concerns taken during the hearing

 

1 - the Judge admitted that he has not read the case during the pre-reading time which was allocated and paid by the claimant (the claimant was asked to pay an extra hearing fee on top of the claim fee)

 

2- due to the fact that the claimant is representing himself; the district Judge "Sh....h" asked the second defendant's counsel to represent the "claimant's case" the second defendant's witness statement was prepared by Mr "Iq...l"

 

3- District Judge told all parties that as the claimant was representing his case, whilst both counsels of the defendants (one of whom was sent by Mr Iq...l) - were allowed to ask questions to the claimant; the claimant was not able to ask any questions to the counsels and has to answer all the queries, which I found it insulting and discriminating.

 

4- The first defendants counsel blamed the claimant without showing any prime evidence that the claimant was lying and the Judge did not stop the case which I believe that this behaviour is also classified as "defamation of character"

 

5- the district judge Sh...h who dismissed the case and awarded both defendants costs in a small-claims tracking, whereas the same individual who was the defendant in a different "FastTrack Claim" in A9Q..... Number and despite the other party not turning up to the case on the hearing date he was not awarded any of his costs

 

6- both defendants counsels represented their cost of £250 + VAT and £350+VAT and an individual was penalised to pay the VAT whilst both companies are already reclaiming this VAT in their books.

 

7- the claimant also had a prime evidence that showing the second defendant (accident exchange- witness statements by Iq...l) sending a "virus" via email to the claimant which is also a part criminal law; this was ignored by the judge Sh...h again

 

8- the judge dismissed the case based on there was not enough evidence; so how come he awarded the defendants with their cost based on the claim being "unreasonable" is still hard to understand

 

9- the claimant requested a copy of the recording or transcript through the court manager --

 

 

RESULT??? of course he was not given the copies but so many baloneys

 

I would like to ask whether I am entitled to start an online petition against the judge?? And my legal right to take it to the human rights?

 

Kind regards

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My Answer is No.... A judge has to split it down the middle and look at the evidence etc. I dont think a petition and Human Rights comes into this.

 

We could do with some help from you.

 

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What has this to do with religious or political groups?

 

Who would you send a petition to and who would sign it?

 

Why couldn't you use an alternative form of transport to get to work or get a courtesy car?

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Religious/political groups - because the name of the judge and the second defendants name (witness statement) were from the same origin of geography

If someone hits your car in your working hours (in parking position whilst at work) - naturally you take time off to arrange alternatives and the repair?

 

I was given a courtesy car but again all taking time off from work to make arrangements, especially if your employer is paying you for the actual hours you work?

Also broken device in the car in the accident

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I think I could not explain it properly

What part of the CPR is stating that because you are representing your own case and the others sent their counsel

1-you can be asked questions but you can not ask questions

2- you can be called a lyer in front of the judge and the judge continues

3- your case is represented to the judge initially by the other party's counsel who came to defend his client against you

4-Your case is being dismissed based on not enough evidence but you are paying their fees in a small claims tracking based on being unreasonable

5-you are paying theirVAT which was reclaimed by the companies

6- they don't have the recordings

 

Am I making a mistake? Are they all normal?

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Religious/political groups - because the name of the judge and the second defendants name (witness statement) were from the same origin of geography

If someone hits your car in your working hours (in parking position whilst at work) - naturally you take time off to arrange alternatives and the repair?

 

I was given a courtesy car but again all taking time off from work to make arrangements, especially if your employer is paying you for the actual hours you work?

Also broken device in the car in the accident

 

I was born in England, had a Scottish maiden name, have an Irish married name although my husband's grandfather was from Wales. My name might suggest I'm Irish catholic but I'm not. I think you'd be on a loser with that one.

 

I can see you might lose a few hours pay but your claim would need to be reasonable and as claimant you'd need to prove your loss.

 

Why weren't these losses paid as part of your original insurance claim?

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Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Like I said I might be paranoid but

 

I am not here to discuss about the judges decision I am talking about the mistreatment that I received

 

I was humiliated, you may be right but I am not a solicitor and may not know all the procedures or the details all I am asking the judge to put the things right as before the accident

 

The second defendant was a claim management company who promised to arrange everything and if necessary appoint a solicitor against the other defendant but all they cared about was their own fees

 

response to your example of origin

When 3 surnames (including myself) are from the Middle East(but two of which from same country but the other is from a different country); things can be slightly different than your example :)

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I would really appreciate if anyone can recommend me how to get a copy of the recordings or transcript of the hearing as they told me over the phone there was none and then in writing they said they can't provide as I have to go through the ministry of justice? Is that correct?

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I see where you are coming from but collusion and racism are two different things

I am saying the favouritism towards same origin,

Can anyone answer me please the list I stated above my bulletpoints

What part of the CPR is stating these baloneys what the judge said?

I think we should look at the bigger picture; if this potential problem exists; this has to be sorted. It could have been anyone in my position

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district Judge - Sh....h

defendant - Iq...l

 

Would you be seeing this if, with the same outcome.. It had been Judge Smith and Defendant Jones ??

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I think the Judge can award costs if he believes that one party has brought the case unreasonably.

 

I believe the CPR is - CPR 27.14 (2) g

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

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5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I would really appreciate if anyone can recommend me how to get a copy of the recordings or transcript of the hearing as they told me over the phone there was none and then in writing they said they can't provide as I have to go through the ministry of justice? Is that correct?

if the hearing was recorded or transcribed, then you wld be entitled to get a copy at cost.

but if it wasnt....

maybe a copy of the court file/judgment with any judges notes?

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Re-reading your original post, the main query that I would have would be the judge asking the defendants counsel to represent the claimant/you.

 

This seems a conflict of interests and where I suggest you focus your attention. Forget the political/religious stuff because I doubt that will get you anywhere.

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Thank you Caro

 

My concerns are

1- the defendants counsel was asked to summarise and represent my case whilst introducing to the judge as he said he did not have time to read the case

2- I was asked to answer all the counsels questions but I was not able to ask any question

3- the claim was dismissed because not enough evidence but was asked to pay their fees based on CPR 27.14 being unreasonable in addition of VAT whereas the defendants are vat registered companies who claimed this vat back?

4- why is there no any recordings of the hearing or even a transcript?

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I have got a couple of options

1- start an online petition to find out whether anyone was treated in the same way by the same judge

2- ask for a cross examination such as lie detector for both me and the judge :) I guess this might be possible in the USA but definitely not in the UK:)))

so what else I can do?

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So if 4 is not mandotory how can I prove 1-2-3?

 

unfortunately, afaik its not mandatory for the court to record/transcribe any/every cty court hearing.

did they say for sure that it wasnt recorded/transcribed?

try the MoJ then, see what they say.

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The lady over the phone said there is no transcript or recordings in this case

It is going to be another statistical number? We dealt with this many complaints!!!

So do I have a legal right to start an online petition? Or is there any time limit to appeal?

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It is standard to pay VAT on legal fees apart from disbursements, and that will be paid TO hmrc. No-one else will benefit from your payment of VAT.

 

I will try to find someone who can advise if you can appeal, but bear in mind that if you could appeal and list, you could end up paying more.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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