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    • If it was done via N245 and the payments are up todate then the landlord must make an application with fee for a redetermination. Can't execute with bailiffs can't do anything until he attends a hearing and presents his arguments    ignore. Andy
    • Sorry I didn’t think to come and update this.    So the outcome was that he went to court. Apparently the judge told the landlord off for not sending a letter before action but did nothing about it. He didn’t accept all the damages the landlord claimed, and told him off for accusing my friend of deliberately and maliciously damaging anything, and he awarded him small amounts of the damages he claimed for. The landlord had also made an awful lot of things up that never existed and accused my friend of stealing them, and the judge didn’t accept any of those claims.   However, I’m back asking advice now. So he made an offer of payment via the court forms, sometime before Christmas and straight after the hearing. The landlord didn’t reply so the court accepted the payments.  My friend has been paying the £10 a month each month. Then a couple of days ago he had received a letter from court with a hearing date in a couple of weeks, and a very irate letter from the landlord saying that my friend has consistently lied and that nothing he says should be believed, and that he wants the bailiffs to be called on him and that he absolutely refuses the payment plan. The letter is marked as received by the courts in December and this is the first that’s been sent since then. My friend and his wife are now panicked, what does this mean? And can they now get bailiffs sent round? He earns an ok wage, which somehow the landlord has referred to in his letter, but he equally has a lot of expenditure and can’t afford to pay any more. What will happen at this hearing and can they send out the bailiffs just because the landlord wants them to?    I have no clue what to advise him, can you help at all please?
    • Thanks Bank – I took your cynicism / experience on board and responded thus: Thank you for your response Mr Schnur  I set out my position quite clearly in my letter of claim and nothing has changed. Your insurance requirement is unlawful and is contrary to section 57 of the Consumer Rights Act, and also section 72 of the same statute. I would also refer you to the outcomes in PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729).  My deadline for action - 1 May 2024 - still stands.
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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.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Just now, tobyjugg2 said:

So what do you think about Rees Mogg moving his business to the RoI

.. hardly showing confidence in his own Brexiteering is he?

 

or in his vision Brexit Britain

... perhaps because they are planning to make a killing on asset stripping the collapsing UK companies caused by their antics

 

what do you reckon?

The Tory Legacy

Record high Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

10 years to save the Vest

After Truss lost the shirt off the UKs back in 49 days

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Don't you think its strange that 'Investment' companies who are reportedly  'betting' on Brexit collapsing UK companies are funding Johnson and Brexit?

 

The Tory Legacy

Record high Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

10 years to save the Vest

After Truss lost the shirt off the UKs back in 49 days

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9 hours ago, Maharg1 said:

"Government have entered into private agreements with the European Community that they will, on completion of remain or whatever it is to be, transfer to the European Union in Brussels the entire control of our entire fighting forces, including all their equipment"

 

Quote

You're the one making the claim that it is garbage, I quoted what was said in the House of Lords.

 

 

Err not quite. Here's the actual (unedited) quote by Lord James of Blackheath as recorded in Hansard:

 

Quote

Is it really true that the Government have entered into private agreements with the European Community that they will, on completion of remain or whatever it is to be, transfer to the European Union in Brussels the entire control of our entire fighting forces, including all their equipment? [Laughter.]

 

https://hansard.parliament.uk/lords/2019-09-06/debates/0C259B8B-7232-4228-BB00-E258510FD926/EuropeanUnion(Withdrawal)(No6)Bill

 

So not only did you edit the quote front & back to make it appear as a some kind of statement of fact, rather than a question, his peers laughed at it.

 

 

 

 

 

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@Maharg1

 

So @Maharg1 were you 'mistaken,  and/or incompetent,  and/or simply trying to deliberately deceive us?

 

Perhaps also consider that 'mistaken' should also encompass grossly incompetent given such a wildly unbelievable claim, even if what was (not) 'quoted had been accurate and honest.

 

Sounds rather like the question that needs to be asked of everything Johnson and Vote Leave as a hole (sic) utter .

 

 

 

 

@Maharg1- In mitigation, perhaps if you just copied that 'doctored' text from some other 'mistaken and/or incompetent and/or simply lying source,

we can accept that you are merely incompetent as an excuse, and not actively seeking to promote lies or deceive us.

Particularly as you do seem to show you have no actual knowledge or understanding of the area you posted on AND are unwilling to properly support your claims..

 

Was that the case? or were you deliberately presenting false statements?

That second final  point in italics does seem to lead us to doubting your sincerity.

Edited by tobyjugg2
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The Tory Legacy

Record high Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

10 years to save the Vest

After Truss lost the shirt off the UKs back in 49 days

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Claimed Johnson possibilities re the Benn bill is that he will veto the extension he requests (or perhaps simply not vote FOR it)

I don't know the ins and outs of this.

 

Because despite all the Leave claims that we have no say,

... in LAW each and every nation in the EU has veto's on many things including any new members (eg Turkey) and for the UK's article 50 notification

.. including the UK.

 

 

Edited by tobyjugg2

The Tory Legacy

Record high Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

10 years to save the Vest

After Truss lost the shirt off the UKs back in 49 days

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I'm not sure we have a vote on the extension. I found this:

 

An extension can only happen if the UK formally requests it and it is unanimously agreed by the remaining member states. 

 

https://www.telegraph.co.uk/politics/2019/09/02/brussels-will-reluctantly-agree-brexit-extension-rebel-mps-succeed/

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Illegitimi non carborundum

 

 

 

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9 minutes ago, honeybee13 said:

if the UK formally requests it and it is unanimously agreed by the remaining member states. 

 

 

 

 

TY HB. Good find.

 

I wouldn't put it past johnson to look for a veto though..

A veto vote might be a different issue?

The Tory Legacy

Record high Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

10 years to save the Vest

After Truss lost the shirt off the UKs back in 49 days

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2 minutes ago, honeybee13 said:

He's denied asking other EU leaders to veto an extension. I can't believe the way no 10 is going about this, very unprofessional.

 

Doesn't need to ask others if he can veto the extension himself ... after asking for the extension

Hopefully the Benn bill caters for Johnsons government kyboshing the extension request via veto or any other means

Edited by tobyjugg2

The Tory Legacy

Record high Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

10 years to save the Vest

After Truss lost the shirt off the UKs back in 49 days

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16 hours ago, cjcregg said:

 

The ex Supreme Court Justice Jonathon Sumption (he who represented the banks in the Supreme Court bank charges case and won) was asked about that scenario and he said that if Johnson did anything contrary to genuinely seeking and obtaining an extension after the letter is sent it would have the effect of invalidating the extension request letter and he would thus be in breach of the Benn Act.

 

The act doesn't just require him to seek an extension, he has to accept it if the EU agrees to it.

 

Excellent find there by cjregg which might cater for veto

.. but I'm not certain.

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The Tory Legacy

Record high Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

10 years to save the Vest

After Truss lost the shirt off the UKs back in 49 days

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I'm not sure if this has been posted before, apologies if it has, but if not I think most who post on this thread would find it especially interesting.

 

I'm not usually one for conspiracy theories but this 12 minute video from Bloomberg does seem raise some genuine questions about the integrity of Nigel Farage, the Leave campaign and their chums in the city.

 

 

 

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No way is Boris Johnson going to be able to get around the Benn Act.  

 

My prediction.  Johnson fails to come up with a deal at summit.  More Tories defect to Lib Dems , VONC ensues, Caretaker government set up, everyone settles on Kier Starmer / Ken Clarke deputy .  1 year A50 ext set up. 1922 commitee gives Boris his marching orders (It's the scandals not Brexit), another Tory Leadership contest ensues, followed by a GE, perhaps Javid or Gove as leader.

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It is so true when 'they' say a week is a long time in politics.

 

We have gone from not entertaining a motion of no confidence before an extension is agreed to doing one this week . 

 

I really am not sure- reading the papers today there is talk that a 'secret' deal has been done with the DUP but who knows and in any event how does the maths work out. 

 

Sadly I can not go to the London demo on 19th as I am working but my partner and two friends are. In an ideal world we would just revoke A50 but to be fair, if a deal is on offer that should be put to a public vote with deal or remain as the binary options - anything like a STV and multiple choice would just confuse the electorate in England.

Any opinion I give is from personal experience .

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Any of the EU 27, can Veto, as I mentioned, UK HAS to ask, Benn Act cannot compel the EU to grant extension, and they have all misunderstood the Article 50 process, as illustrated by banning Bills and shenanigans., where NO Deal is default a default caused by voting down the only Agreement in town, the May WA.  Barnier cannot negotiate anything else as it would be outside his mandate, which would have to be changed and don't think the EU want to reopen negotiations, as far as they are concerned the only deal in town is the WA.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Correct but the EU will grant an extension, they will not throw Ireland under a bus.

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It's all pointless anyway. He won't get it through parliament.

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27 minutes ago, Jase1982 said:

It looks to me as though Boris is preparing to cede Northern Ireland to the European Union.  Again, they're just not saying what the proposals actually are and it's being fluffed up.

 

Is that what people voted for?  The price of European Union membership is apparently Northern Ireland.

 

More correctly IMO:

Part of the price of Brexit is the British union.

 

 

1 hour ago, London1971 said:

My prediction.  Johnson fails to come up with a deal at summit.  More Tories defect to Lib Dems , VONC ensues, Caretaker government set up, everyone settles on Kier Starmer / Ken Clarke deputy .  1 year A50 ext set up. 1922 commitee gives Boris his marching orders (It's the scandals not Brexit), another Tory Leadership contest ensues, followed by a GE, perhaps Javid or Gove as leader.

 

 

Just Starmer as PM I think highly unlikely there.

 

Perhaps Ken Clarke PM, Starmer or Thornberry deputy

although the ERG wont like any of that.

Corbyn wont like anyone but himself as PM,

and the Tories wont accept Corbyn as PM

 

 

 

 

The Tory Legacy

Record high Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

10 years to save the Vest

After Truss lost the shirt off the UKs back in 49 days

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2 hours ago, tobyjugg2 said:

 

Doesn't need to ask others if he can veto the extension himself ... after asking for the extension

 

 

He can't do that. Article 50 says that the withdrawing Member State cannot participate in any discussions at the European Council concerning their withdrawal, so Johnson could not veto his own request for an extension. The UK is not allowed to be there when the vote is taken. [Article 50(4)]

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Great job there from @Ethel Street

the relevant bit

Looks rather watertight - although happy to be corrected.

 

" 4.   For the purposes of paragraphs 2 and 3, the member of the European Council or of the Council representing the withdrawing Member State shall not participate in the discussions of the European Council or Council or in decisions concerning it. "

The Tory Legacy

Record high Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

10 years to save the Vest

After Truss lost the shirt off the UKs back in 49 days

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So Ireland and the EU don't like Boris's final offer and Lord (Peter) Hain says it breaks the Good Friday Agreement. 

 

Boris says the next step is no deal. 

 

Maybe Dominic Cummings was right when he said he saw them spending a lot of time in court over the next few weeks. 

Illegitimi non carborundum

 

 

 

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The GMB union has been talking about Trump's new trade tariffs on goods from the EU. They're of the opinion that it won't get any better after Brexit and that we can't count on the US.

 

https://www.theguardian.com/business/2019/oct/03/whisky-tariffs-are-glimpse-of-post-brexit-future-says-union

Illegitimi non carborundum

 

 

 

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No we can't count on the USA, to Trump its America First, so any Trade Deal will be detrimental to our interests.

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