Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

    • unclebulgaria67
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By unclebulgaria67 · Posted

      Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • tobyjugg2
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By tobyjugg2 · Posted

      Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
    • dx100uk
      Judge & Priestly

      By dx100uk · Posted

      when did they (who) inform you there was a 'police case' and when was this attained? i will guess the debt is now SB'd as it's UAE 15yrs. have you informed the bsnk ever by email/letter of your correct and current address? you can always ignore anyone else accept the bank,  Block and bounce back all emails. Block any text messages  Ignore any letters unless it's: - a Statutory Demand - a Letter Of Claim - a Court Claimform via Northants bulk.  
    • Bhindi lover
      Judge & Priestly

      By Bhindi lover · Posted

      I left Dubai 8 years ago and intended to return. However a job prospect fell through. I’d been there for 15 years. I decided to pay my credit card and the bank had frozen my account. There is no means to pay the CC so completely unable to pay when I wanted to other than the bank advising me to ask a friend in the UAE to pay it on my behalf!  fast forward bank informs there is a police case against me for non payment. Years later IDR chased me and after months/ years they stopped. Now Judge & Priestley are trying their luck. Now I have received an email in English and Arabic from JP saying the bank has authorised them to collect debts. Is this the same as IDR although I didn’t receive anything like this from them. Just says they are authorised?
    • dx100uk
      PRA Group - PAPLOC now Claimform - Halifax Loan £20k+

      By dx100uk · Posted

      Please fill this out   Dx Pl

  • Recommended Topics

  • Our picks

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

      BankFodder posted a topic in Vehicle retailers and manufacturers,

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

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

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

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Taking Cabot to court for failing to supply HSBC CCA + Distress etc

tbern123

By tbern123
in HSBC Bank

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5437 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

  • Replies 2.1k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

andrew1

andrew1

Posted
Posted
But Hodson's are and under part 42 notice has to be given to remove them? Maybe I amgetting a little mixed up but I thought this is not the first defence UK have had to file.

 

Can you point us to some others Aktiv?

Link to post
Share on other sites
tbern123

tbern123

Posted
  • Author
Posted

Aktiv is right, this is the second defence filed in relation to my claim.

 

However, has confirmed by their defence, Hodsons are they legal representatives.

 

I am just sent an email to both WW and to Hodsons asking them to clarify...

Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

Link to post
Share on other sites
tbern123

tbern123

Posted
  • Author
Posted
I don't understand how they need a solicitor and a litigation friend at all - surely they'd only neeed one or the other?

 

If Hodsons are their solicitors - why do they need WW as a L F ?

 

Is it possible for him to be a LF ? I have read through the CPR very quickly and the only mention I can find relating to a LF is children and mental health patients.. nothing about companies

Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

Link to post
Share on other sites
Cornucopia

Cornucopia

Posted
Posted
Is it possible for him to be a LF ? I have read through the CPR very quickly and the only mention I can find relating to a LF is children and mental health patients.. nothing about companies

 

I haven't heard of a case either where a litigation friend would be used by a company, a litigation friend would usually be used in a case where the person is underage (as above), has mental health issues (as above) or where they are incapacitated as, for example, in a medical negligence case ie : a persistent vegetative state.

 

I think using an LF in a case like this would be very odd.:confused:

 

Sorry for butting in!

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

Link to post
Share on other sites
tbern123

tbern123

Posted
  • Author
Posted

Don't apologise..

 

I thought I was getting it all wrong..

Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

Link to post
Share on other sites
andrew1

andrew1

Posted
Posted

Just as a matter of interest I was assisting a Director of a company in a matter of a winding up petition in Liverpool High Court a couple of months ago and the Director was a builder and not so conversant with addressing a court. He asked me to represent him or speak for him. I applied to the court and this is what the judge replied :

 

"I am happy for this person to appear as a Mackenzie friend at the hearing together with one of the directors of the company. I will permit the director to present the company's case and I will permit this person actively to assist the director."

 

Needless to say after the first couple of sentences the Judge was happy for me to continue, but I was referred to as a McKenzie Friend rather than a Litigation Friend - but then I'm not a solicitor.

Link to post
Share on other sites
tbern123

tbern123

Posted
  • Author
Posted

Don't quote me but I think they are the same thing...

 

I will wait to see what WW and Dean Spencer have to say for themselves

Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

Link to post
Share on other sites
tbern123

tbern123

Posted
  • Author
Posted

I know what you mean Aktiv. But is nothing personal against. He is just doing a job to pay the bills like the rest of us. I have no ill feelings about him.

 

Wouldn't be surprised if he was an ok guy..

Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

Link to post
Share on other sites
Seahorse

Seahorse

Posted
Posted

A higher interest paying account where the monthly fees far outweigh the monthly interest the account generates?

 

Or am I being way too cynical before I've had my cornflakes this morning.

 

And way off topic too. Sorry tBern. ;)

Link to post
Share on other sites
debt_mountain

debt_mountain

Posted
Posted
I haven't heard of a case either where a litigation friend would be used by a company, a litigation friend would usually be used in a case where the person is underage (as above), has mental health issues (as above) or where they are incapacitated as, for example, in a medical negligence case ie : a persistent vegetative state.

 

I think using an LF in a case like this would be very odd.:confused:

 

Sorry for butting in!

 

Is this litigation friend just a way for them to get an "expert" in the room without having to call a expert witness. 2 heads are better than 1 etc.

 

I am guessing that as they are a lit friend they will be in addition to the legal person too?

 

My take on this with my previous court cases is that for small claims the process is allowed to give a little and not all T's and i's need to be perfect. For multi or fast I am not sure though.

 

For 2 of my hearings the representative solicitor did give me their form saying they were fit to act and were acting for..... but for 1 the solicitor just walked in and I had no idea who he was. Not sure if he told the court or not.

 

I think you are onto something but I am guessing that it will only cause a little fun and you can wind them up a little becuase of it, I don't imaging anything to change the course of your case will come out of it.....but I am very often wrong.

 

I just get the overwellming fear that when things like this are chased up through official channels, like using the Law Society, ICO or TS unless it is something major or there is a significant trend very little will happen.:evil:

 

I am trying not to be negative, just realistic.:-D

If I have helped click my scales....

 

Find my threads by clicking here

Link to post
Share on other sites
Guest Battleaxe

Guest Battleaxe

Posted
Posted

I have been trying to think of an easy way to explain this to you.

 

WW has the authority by virtue of his job to act for all of the Cabot entities, whether as a Litigants friend or klegal representative. Hiring Hodsons, who are the inhouse legal eagles for the Cabot Group (from what I can gather, I could be wrong) is just confusing the issue.

 

We all know Mr W Wareing at MBNA he is the Senior Legal Assistant, but if they went to court they would get another law firm to represent them, BUT Mr W Wareing can continue to sign the documentatationm required for lodgement with the court.

 

I hope this simplifies matters.

 

I worked for the NHS, but in that role I also represented a certain Deanery regarding Post Grad education, which was not NHS, I also had a role to do with a certain Medical School, whose students I supervised; same person, same job title but able to sign for three entities by virtue of my position.

 

This would be the same for WW in the Cabots/Kings Hill set up.

 

Ah, what tangled web we weave.

Link to post
Share on other sites
ODC

ODC

Posted
Posted

The only positive spin I can put on this is that you really have them rattled and they are pulling out all the stops but remember sometimes too many cooks can spoil the broth.. Imagine what a judge will make of them using all this power to attempt to destroy a mere Rogue Customer. You have right on your side and no doubt afew little surprises of your own. Keep your chin up, you have come all this way and at the end of the day you will wipe the smile off their overpaid faces. Dont forget they are supposed to know about the law. A judge will give you a wee bit of leeway against them.:)

Link to post
Share on other sites
NailPost

NailPost

Posted
Posted

A Mackenzie/Litigation Friend is not normally a solicitor. WW, as he keeps telling everyone on his webpages, is a barrister by training though not by qualification. If he turns up at court and asks to speak then he should be asked to explain his qualifications.

 

Do you have a court date yet, TB?

Link to post
Share on other sites
ODC

ODC

Posted
Posted
A Mackenzie/Litigation Friend is not normally a solicitor. WW, as he keeps telling everyone on his webpages, is a barrister by training though not by qualification. If he turns up at court and asks to speak then he should be asked to explain his qualifications.

 

Do you have a court date yet, TB?

 

What a supercillious fool. You cannot become a barrister by training or indeed by qualification alone.

 

A barrister is specialist legal advisor and advocate.

Only those who have passed all the qualifying exams and have been ‘called to the bar’ may call themselves barristers.

 

 

Called to the bar is usually done by the Lord Cheif Justice or the Attorney General. Ken asking him out for a pint in the evening is not quite the same. I think the term he is searching for is Barsteward. Something totally different. Im sure the Lord Chancellor's Office would be interested to hear WW's opinion of himself. Bet he dresses up in the wig and gowns:-D

Link to post
Share on other sites
louiboy

louiboy

Posted
Posted

Pass the BVC, eat lunch at the INN 12 times and Barrister become shall you.

Then pupillage my potential young Barrister Master.

Training with a master or mistress with 5 years experience.

Pupillage is essential for all those who wish to practice.

 

Bar Standards Board

He didn't come looking for trouble, but trouble came looking for him.

When the smoke clears, it just means he's reloading.

Link to post
Share on other sites
ScarletPimpernel

ScarletPimpernel

Posted
Posted

Could it be that WW has been a barrister in foreign parts, but is unable to practice here because he has not registered with the appropriate UK professional body?

 

Even if this is the case, he surely should not call himself a barrister in a country where he is not allowed to practice.

Link to post
Share on other sites
elizabeth1

elizabeth1

Posted
Posted

Qualifying for the Bar

 

The Bar Standards Board oversees the three stages that must be completed to qualify as a Barrister and the process of transfering to the Bar from practice abroad or as a Solicitor in practice in England & Wales.

 

1. Academic Stage

Either an undergraduate degree in law (2ii minimum), or an undergraduate degree in any other subject (2ii minimum) and the one-year conversion course (CPE). Please see the degree/cpe section for further information.

2. Vocational Stage

The Bar Vocational Course, which can be completed full time over one year or part time over two.

Once you have successfully completed the BVC you will be Called to the Bar by your Inn. During the BVC year and before Call can take place you will also have to undertake 12 qualifying sessions (previously known as "dining") with your Inn.

Please see the BVC section for full information on the BVC, the Inns and qualifying sessions.

3. Pupillage

A one-year training period spent in an authorised pupillage training organisation (either barristers' chambers or another approved legal environment). See the Pupillage section for full information.

4. Transfer to the Bar

Qualified solicitors, qualified lawyers from other common law countries and legal academics are able to transfer to practice at the Bar. For further details please see the Transfer to the Bar section.

 

Looks like WW got to stage 3 ??? "ish" must be very frustrating to get that far and be waiting to get called to the Bar? Legal education is very expensive and very little amount of funding available for it etc...

  • Haha 1
Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...