Jump to content


  • Tweets

  • Posts

    • Primary and secondary teachers are supporting pupils with their own money, buying food and warm clothing. Eight in 10 primary teachers in England spending own money to help pupils | Education | The Guardian WWW.THEGUARDIAN.COM Increasing numbers of children hungry and lack adequate clothing, with two-thirds of secondary teachers also supporting pupils  
    • I googled "prescribed disability" to see where it is defined for the purposes of S.92. I found HMRC's definition, which included deafness. I don't  think anyone is saying deaf people cant drive, though! digging deeper,  Is it that “prescribed disability” (for the purposes of S.88 and S.92) is defined at: The Motor Vehicles (Driving Licences) Regulations 1999 WWW.LEGISLATION.GOV.UK These Regulations consolidate with amendments the Motor Vehicles (Driving Licences) Regulations 1996...   ….. and sleep apnoea / increased daytime sleepiness is NOT included there directly as a condition but only becomes prescribed under “liability to sudden attacks of disabling giddiness or fainting” (but falling asleep isn't fainting!), so it isn’t defined there as a “prescribed disability”  Yet, under S.92(2)(b) RTA 1988 “ any other disability likely to cause the driving of a vehicle by him in pursuance of a licence to be a source of danger to the public" So (IMHO) sleep apnea / daytime sleepiness MIGHT be a prescribed disability, but only if it causes likelihood of "driving being a source of danger to the public" : which is where meeting / not meeting the medical standard of fitness to drive comes into play?  
    • You can counter a Judges's question on why you didn't respond by pointing out that any company that charges you with stopping at a zebra crossing is likely to be of a criminal mentality and so unlikely to cancel the PCN plus you didn't want to give away any knowledge you had at that time that could allow them to counteract your claim if it went to Court. There are many ways in which you can see off their stupid claim-you will see them in other threads  where our members have been caught by Met at other airports as well as Bristol.  Time and again they take motorists to Court for "NO Stopping" apparently completely forgetting that the have lost doing that because no stopping is prohibitory and cannot form a contract. Yet they keep on issuing PCNs because so many people just pay up . Crazy . You can see what chuckleheads they are when you read their Claim form which is pursuing you as the driver or the keeper. they don't seem to understand that on airport land because of the Bye laws, the keeper is never liable.   
    • The video-sharing app told the BBC that a "very limited" number of accounts had been compromised.View the full article
    • The King is the second monarch to appear on Bank of England notes which will be fed gradually into the system.View the full article
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like

London Hearing 24 Jan 2007


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6260 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi One and all!

 

I am in the process against the Abbey and:-

 

Got letter from London Mercantile Court, have a folio number and been advised that:-

 

"There will be a Small Claims Hearing in this case and in several others which raise the same or similar issues at 10:00am on 24th Jamuary 2007. The hearing is intended to give directions for the hearing of some or all these casesin a way which saves time and expense. It is hope that all parties will attend but if this is not practicable the Court will be pleased to consider the written views of any party provided that these reach the Court by no later than 22nd January 2007.

 

Although some of these cases have been allocated to the Multi Track, it is the provisional view of the Judge that the costs rules for the Small Claims Track should apply to all of them."

 

I am wading through Merc bits on General Forum, and am wondering if anyone else's cases are on the 24th.

Any advise offered is my own opinion, and if in doubt, always seek clarification.

[

Link to post
Share on other sites

"Although some of these cases have been allocated to the Multi Track, it is the provisional view of the Judge that the costs rules for the Small Claims Track should apply to all of them"

 

That's interesting....

 

Westy

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

Link to post
Share on other sites

I have been to a CMC at the London Mercantile. if you want some advice PM me and I can fill you in. Do you know which judge is hearing your case?

First Direct - Settled in full :eek:

Lloyds TSB - AQ completed Central London CC :confused:

RBS - Settled in full :p

Morgan Stanley - Settled in full :lol:

Capital One - Settled in full ;-)

Citi Cards - Transfered to Mercantile Court 19/10/06

Nationwide - Settled in full 8)

Capital One Acct 2 - Prelim letter

Link to post
Share on other sites

Any news from Abbey? I just received notification that my case V Barclays has just been transferred to the Mercantile so interested to see how the banks play it...

 

Seems like more and more are being transferred at lower and lower value.

Link to post
Share on other sites

Nothing from Abbey, but phoned the court today and was told the hearing will be with Judge Mackey, any body know anything about his.

 

As for Abbey i am phoning them today to stir things up a bit.

Any advise offered is my own opinion, and if in doubt, always seek clarification.

[

Link to post
Share on other sites

I received a General Form of Judgement or Order letter from my local County Court dated 12th January 2007 saying the claim is transferred to the London Mercantile Court.

 

Do I just sit here and wait for Mercantile to contact me or do i need to call them ?

 

Thanks

Link to post
Share on other sites

,hills

 

Hi to you, the Merc Court will write you a letter shortly giving you a date for a directions hearing.

 

They seem to be having directions hearings in Bulk as there were a number of us due in the hearing tomorrow, from what i can gather they are being settled just before.

 

You can phone them but will still have to wait for the letter. You don't have long to wait now:)

Any advise offered is my own opinion, and if in doubt, always seek clarification.

[

Link to post
Share on other sites

I too am waiting for a Case number and date etc from the London Mercantile. My transfer was ordered on 28th Dec 06. When i get the details i'll write again to barclays to see if they want to continue their charade.

Link to post
Share on other sites

Has anything happened with regard to the London Hearings on 23/24 Jan ???

 

Am not sure i am following these threads properly

 

I am interested to find out what is happening with the Abbey Cases and as this was going to be a test case i am very curious as to what the decisions were as all cases were to be treated the same as those on the fast track!

 

Has there been any outcome from this ? What is a directions hearing ? What happened to all the cases that were to be decided on the 23/24th?

 

Can anybody help me as i seem to be a little confused and i am not the most pc literate and so think i must be following the threads incorrectly.

 

Help Please!

 

Tree

Link to post
Share on other sites

Congratulations....I'm waiting for the Mercantile to allocate their case number vs Barclays etc, so it is reassuring to know that settlement is a just a matter of time. Did you have to go to the CMC in the end or did they settle first?

Link to post
Share on other sites

I have been to a CMC at the London Mercantile. if you want some advice PM me and I can fill you in. Do you know which judge is hearing your case?

 

Hi Marcopolo, I received a order from my local court today stating that my claim is to be transfrred to the Admiralty & Commercial Registry, Royal Court of Justice, Strand. They spelt Admiralty wrong. Typing error I guess. I don't know the reason and need to find out. I don't see why as an individual with no knowledge of law really why I should be redirected to that court. By the way is this the Mercantile court because that is not mentioned.

Link to post
Share on other sites

Hi Marcopolo, I received a order from my local court today stating that my claim is to be transfrred to the Admiralty & Commercial Registry, Royal Court of Justice, Strand. They spelt Admiralty wrong. Typing error I guess. I don't know the reason and need to find out. I don't see why as an individual with no knowledge of law really why I should be redirected to that court. By the way is this the Mercantile court because that is not mentioned.

 

Ve13274 yes that is the London Mercantile court, I was there last Friday to submit my case management information sheet. It is located just opposite the Taxi rank and public toilets between the strand and fleet street. Hope this helps.

 

Sam

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...