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    • A Discontinued Claim is regarded as never being adjudged. Incorrect I'm afraid and a defence would be Res Judicata not estoppel
    • Judgement can be requested...you can only get a default Judgment if there has been no acknowledgment of service. CPR 16(5) is with regards to the contents of a defence a response...no connection to what defines a default judgment. Andy
    • You are lucky because you are in London and there is a centralised and accessible appeals centre which also puts searchable results on its website. I've used them several times. Always turning up in person and was ruled in favour every time.  The link to the tribunal is https://www.londontribunals.gov.uk/eat First port of call is the local authority appeals process. I only had one from Islington, regarding a skip (not mine) blocking a space but they wanted me to pay for the meter it was parked on. Illogical, I know.  I found that the case you make to the council does not have to be the same as that made to the tribunal. The local authority almost never turns up on the day even if you have chosen to attend. Wear a suit and call the lawyer Sir or Ma'am.  As regards case preparation. The tribunal publishes results and summaries online. Have a read through and you may find cases that apply to your circumstances. The procedure is pretty well explained.  The adjudicators are often helpful. For example, I turned up with a folder of evidence about a bus lane. But the adjudicator spotted that there had been one failed delivery to keeper. Apparently the authority was not allowed a second attempt before proceeding to enforcement. But they did so, and the case was dismissed in thirty seconds.  Double check the council response. On one of mine Harrow put the wrong date and wrong location video for a bus lane. In another Kensington withdrew at the last minute because the parking wardens had been at lunch and didn't suspend a bay until after I parked. I made them pay £170 for my trouble.  On that last thing. You almost never get awarded costs even if it is uncontested or the council is wrong. But you have seven days to apply to the tribunal. (Check that in case it has changed)   
    • Ok so as per my initial letter date their 8 weeks finishes on Tuesday. With Monday being a bank holiday they won't be able to reply in time. So I need to do my prep work to submit the FCA case. Is this pretty straight forward? Could you direct me to a thread on here that has some guidance on how to submit a FCA claim?    Thank you in advance.    p.s Are you sure I shouldn't do a Small claims case under BCOBS as they owe me close to 7k and FCA can take ages. I have the emails that say they will treat this like a Consumer loan and not B2B so am quite confident. 
    • Probably. Can you post one onto your thread please, so we can have a quick look? Cover up your name, address and any reference number. HB
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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The sub-postmasters scandal


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Posted (edited)

so it seems it is Badenough who is the one 'misrepresenting' the facts

Isnt that misleading parliament? by badenouch and Reid - no doubt to be  ignored by Sunak

Although they will probably throw reid in front of the bus .. before badenoch - if they dare - be interesting to hear his more honest revelations when they do ... unless he gets a seat in the house of lords perhaps ..

 

Again if Sunak dare given they both seem to have lied to a parliamentary comittee

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

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Posted (edited)

Staring into crystal ball:

Reid: I didn't actual try to resign, I just threatened to a few times and machinated to get rid of anyone in the way. After all I deserved at least a few % of the monies I saved the guv by delaying for years payments to people who I believe are criminals even if just for trying to cost me and the guv money and credibility

Badenoch: Reid assured me that what I was saying was true, and I had no reason to disbelieve the head of a world renowned, trusted and honest british institution.

 

Staunton:  All this sounds very familiar

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

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This afternoon's Law in Action with Joshua Rozenberg has Jo Hamilton, the SPM whose conviction was overturned, Richard Moorhead who's on the board of the Horizon compensation scheme and members of the legal profession.

They will be talking about the role of lawyers in the PO scandal. BBC Radio 4 at 4pm.

WWW.BBC.CO.UK

What part did lawyers play in the Post Office miscarriage of justice?

 

Illegitimi non carborundum

 

 

 

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COMMITTEES.PARLIAMENT.UK

staunton.pdf

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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

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PO lawyers been paid more than the SPM's haven't they?

The more that comes out, the more I think there should be prosecutions of the people like Reid and Vennells - although of course that would drag out the involvement of government officials

bet those involved are hoping that a ge (unlike trump - even a loss) will draw a line under their apparent criminality - labour needs to ensure that abuse in public office is punished - and if they are frightened it might apply to them at the next change of government ... GOOD

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

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There was a figure in an article the other, I think I posted it, that said PO has spent twice as much on legal costs as it has on compensation.

I wouldn't be surprised if quite a lot of this is from trying to argue against cases they shouldn't have been fighting, to 'protect the PO brand'.

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Illegitimi non carborundum

 

 

 

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For those who haven't seen - and while we wait for Vennell and the lawyers conviction and hopefully significant custodial sentences

 

 

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

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Are the shortfalls still happening?  Ooh yes

 

A freedom of information (FOI) request for data on current subpostmaster accounts has revealed that more than 2,000 branch accounts balanced short at the end of December 2023. Of these, 314 were over £10,000 in deficit of the figure showing on the Horizon system, 191 were between £5,000 and £10,000 short of balancing, 688 had a shortfall of between £1,000 and £5,000, and 890 were up to £1,000 short. The FOI data also revealed that 344 accounts were in surplus of the balance expected on the Horizon system.

 

no sub link

NEWSITN.COM

Current figures on subpostmaster accounting shortfalls put into perspective the Post Office’s “staggering mismanagement” of...

 

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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

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lets not forget that this would ONLY appear to need to be implemented due to

1. The massive delays in avoiding and even actively obstructing the truth over years (ongoing)

2. The seemingly corrupt and dishonest actions of the PO and Fujitsu representatives in court over years (ongoing)

3. There was a widely seen docu-drama about this and its an election year

 

 

 

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

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Just a reminder of this.. with the question of who the flick in our government tests and accepts this garbage on behalf of the British people

 

The Home Office was alerted to problems with its faulty £71m IT system and the “awful” data it produces years ago and “just accepted” them, according to the UK’s former chief immigration inspector.

 

David Neal, sacked as the Independent Chief Inspector of Borders and Immigration (ICIBI) in February, told i of his concerns about the department’s handling of its malfunctioning Atlas casework system, which has been causing serious delays and errors with asylum, citizenship and visa applications. 

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

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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

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Posted (edited)

Well, I'm no lawyer, but it seems the cabinet office are refusing to release the information on what the charitable work was that resulted - alongside her services to the post office - in her PUBLIC honour of a CBE, because they claim the justification for her PUBLIC honour is private and protected ..

 

WWW.WHATDOTHEYKNOW.COM

 

of course, the real reason is likely that there wasn't any, and they want to protect those promoting her for the award.

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

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Worth remembering what they will spend taxpayer money on ...

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

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  • 2 weeks later...

i think theres been MORE than amble evidence of that and am astonished that criminal proceedings haven't begun.

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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

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Isnt there some indication in there of at least intent to inform arbuthnot? IF he wasn't then it would seem to be Vennells decision to keep him 'uninformed ..

Although seems to me if arbuthnot was unaware - he was either incompetent or should have very detailed records of denials.

Seems vennells is constantly at the core of all the lying about all these issues though.

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

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Time Vennells was dragged in in a 6am dawn raid for questioning along with other Post Office executives, that evidence shows at least conspiracy to pervert the course of justice as a starter.

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I wonder if Government ministers were aware of there being issues with the Horizon system at the time prosecutions were taking place.  

And senior Post Office Management are relying on Government not wanting there to be criminal investigations that go too far. As those Ministers may be dragged into it. 

I find it difficult to believe that nobody in Government had knowledge at the time of remote access and poor robustness of Horizons accounts systems.

 

 

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We could do with some help from you.

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