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    • I'm afraid that I'm not especially familiar with the injunctions and orders et cetera that are available in these kinds of buried difficult situations. What I am pretty certain of is that if there is some kind of proceedings began while the partner is still living in the home then that will increase tensions to an intolerable level and also increase any danger. I think this would mean that they would have to be a move to have the abusive partner excluded from the home. How many children are there and why should she be worried that the children might be taken away? I have to say that if the children are living in a situation where they are aware that there is this level of abuse between their parents then it can only be extremely damaging to them and the sooner the matter was resolved and the home became a peaceful and stable environment for them, the better. I think this would absolutely require the removal of the abusive partner. If the police have already been made aware of his abusive behaviour then it seems to me that the presumption will be in favour of her remaining at the home with her children. One thing she should certainly do is start to keep a detailed log of what is going on. She needs to be extremely careful that this log is not discovered and in fact I think that there is an app which maybe allows a log to be kept and is stored off the phone and in the cloud somewhere. I will check it out and come back. I very much hope that there will be others who have experience of this kind of thing either because they have been in this kind of situation or else because they have supported somebody who is in that situation who will be able to come along and give better advice. Can you tell us more about the children please. I think that their well-being might be pivotal to finding a solution to the whole problem
    • Hi All,   Not sure if this is the correct section to post in, please move if it isn't.   During the storm over the last couple of days I noticed a tiled on the shed roof had slipped and opened a hole, on close inspection it turns out they are Asbestos tiles. Nowhere in our survey did it state that and we weren't informed during the sale period.   This is our first house so I had no idea what Asbestos looked like and didn't suspect a thing, we just new the roof looked a little worse for wear and would plan to replace it once settled in etc.   I am assuming this is now going to cost a lot more to have removed and replaced, and we would of factored the cost in when we made the offer on the property.   Is there anything I can do in regards to either the Surveyors or the Estate Agents to have the costs either contributed to or covered ?   Thanks
    • Hi BF,  The other GDPR post relates to a GDPR request on an independent Nissan Car Dealership and not Nissan itself. I have had to make two SAR requests as they are two separate companies.    The SAR request referred to in this post was served to Nissan UK (Head Office) on 09-01-2020. 
    • CENTRAL LOANS LIMITED Company number 04205508
    • And if we plead not guilty, but judge says we are guilty, then it will be worse than accepting the 3 points and £100 fine?   I argue that it’s not dangerous because someone is less likely to walk up and scratch themselves on the sharp bit at back while the car is being driven I.e. moving vehicle , than if car was parked up at home and someone walked behind the car and scratched themselves against bumper.    also it was being driven carefully and not at speed, on the way to get damage fixed?    Wouldn’t a judge accept that all of this is reasonable?
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jotty

JP Morgan/Rooftop Arrears fees- The saga continues.

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pers I think that's a win

and the visit fees to cone I bet...!! good work.

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

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Thanks DX, yes seems like a lot of hard work to get to roughly where I wanted to be 12 months ago. 

 

Did learn a hell of a lot though from the way the Judge directed his questions and need to up my game when it comes to the type and amount of evidence in my application. He didn't criticise but did make suggestions which I found very helpful.

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Thank you very much indeed for this update. I'm terribly sorry that you didn't have an outright win. I can't imagine they will come back for the £500 – but if they do then let us know and in principle don't pay it. At the very least I think we could plead that there is an estoppel.

Well done on the costs. I'm sure that these contractual terms by which they seek to have a potential claimant or defendant indemnify them for legal costs is unenforceable because what they are effectively doing is getting you to contract out of the court procedure rules in respect of costs.

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By the way, if they referred to their contractual term in respect of costs in any future hearing, I think that your proper response is to point out to the judge that this contractual term seeks to undermine or usurp the authority or discretion of the court to award or not award costs and in that respect it is completely unenforceable. Tell the judge that effectively they are trying to force the judge to make an award of costs


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Thanks BF, that was basically what the Judge said to the Solicitor who was caught unawares that I would be on to it, so yes its very good advice.

 

Its not unlike the bank charges fiasco, we know we are all right but the Judges will always fall back on the law rather than try and change it in my opinion.

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Also it's a shame about the judge's reliance upon the ombudsman's decision.

The ombudsman's remit is apparently to arrive at a solution which is "fair to both sides". However if you look at all the FCA regulations, they talk about – treating the customers fairly – communicating with the customers fairly – having the customers interests in mind when making a decision. In other words, in my view, the ombudsman remit is at odds with the statutory duties of banks and financial firms generally.

If we had thought about this, we could have briefed you on it and you could have raised this is an objection to the judge. The judge really had no business following the ombudsman's decision. The judge was bound by the regulations set up by the FCA under the Financial Services and Markets Act 2000 – but who knew?


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Thinking back, the judge did concede that the ombudsman’s decision was not binding on the court but he certainly used it as the basis for his decision. I doubt if he would have ignored the ombudsman.He did make comment that any issue of this kind should be resolved by a court which I took to mean in other words dont bother with the Ombudsman.

 

He made no mention as the level of charges and if they are justifiable, but again this was because the Ombudsman had already said they where.

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I think that it is most unlikely that he knew about the FCA fairness regulations. If his attention had been brought to them then he would have been obliged to read them and then to take them into consideration. Unfortunately we didn't anticipate this and didn't brief you in.

I'm sorry


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No problem we live and learn.

 

Now that my claim is has been struck out, does it stop me in the future trying again with a better argument ?

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Yes I think so. At the very least you would be at risk of costs if it was considered to be frivolous. I suppose you could appeal on the basis of the FCA regulations – but best to leave it alone rather than risk some humiliation in the face of a smirking opponent

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