Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

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

District Judge Cooke. On a mission?


podgydad
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6173 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 129
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

I think we have to remember that we are all fighting the banks and are on the same side. We are all stronger if we work together. Lets just remember that its the banks we are fighting and the more people that claim the better.

Link to post
Share on other sites

Sorry I am not opening the can honest,

 

I just want to add that last year Lloyds closed my account without warning .

 

They just closed it Did they see me on here? Yes I believe they did.

 

Because previously I had a decent relationship with them.

 

Not a lot of money going into my account I must admit but I claimed a small amount back from them.

 

And they just closed my account a few months later with no warning.

 

So do not make my mistake and be open ,they are looking and watching.

Link to post
Share on other sites

No the end result will be less people's money finding it's way to unqualified cowboys instead of actual legal professionals. Anyone who doesn't want to claim themselves can easily employ a solicitor rather than some chancer who doesn't know what he's doing (as so aptly demonstrated by yourself in the first post of this thread ;)).

 

The judge is probably alledging Champerty. Suing on the back of another claim. But he needs to very careful of his ground as these appear to be serious allegations, as anyone can conduct a case for special damages. They cannot when either a minor is involved or it is claim for personal injury that is about to be litigated. In a matter of special damages they could, with the courts consent, act as a 'litigation friend' even in a higher court

 

If the person is a recently licensed claims firm he may charge for his service which is usualy done on a contingency basis (share of the compensation) & because of this I think the DJ may be wrong or not fully aware of the situation

 

He may also sign the N1 as the claimants 'Litigation Friend' Alternativley he may after completing the N1 send it to the claimant for signature.

Many solicitors do the latter because by signing the N1 they are signing a statement of truth & if it's wrong, as clients lie, they could be guilty of perjury.

 

As for finding a solicitor good luck!

 

Unless your willing to pay you have no chance. No solicitor has yet come forward who will act against the banks for a litigant on a 'No win No fee' CFA basis. They need litigation insurance & so far no insurer is willing to offer it & believe I know they have been asked. Nor will they act in contingency as that would be risking theirs & their partners own money & that would never do

 

Also you should realize that, whilst I too don't like these claims firms, they are risking their own money should they lose or even if they win & any costs are awarded against the claimant they will have to pay them

Link to post
Share on other sites

Hi everyone, I some how don't believe we are all on here for the same reason, some of us are to reclaim what the banks have unlawfully taken from us, some are on here to learn a trade on the cheap and at the same time make a living out of what the banks have unlawfully taken from some of us un for some unfortunite reason cannot do it themselves. 2 very different reasons in my opinion.

 

sorry i must go to bed now,

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

Link to post
Share on other sites

The thing is you people can say this about claims management companies being the great Satan or whatever else comes into your brains, but their is a lot of people who are unable to do it them selves.

 

Just like the person who recently lost the case against lloyds, if he was using a proper claims management company this would unlikely have happened. Of course their is a lot of companies out there who aren't quite so professional and need this site, for their own end.

 

But at the end of the day not everyone is able to do this. You have to remember some people would rather appoint someone for them to make sure the job is done. If lloyds defend this you may all need someone to represent you. We all know that in the end with any legal case it isn't about who is right or wrong its who has the biggest cheque book, and to be perfectly honest i think any of the high street banks have a bigger cheque book than all of us put together

 

Btw from what I've read podgydad isn't asking anyone for help, he's pointing out this small fact that the judge seems to be trying to stop this whole thing. I have nothing against claims management companies, if people would rather appoint them, that its solely up to them and has nothing to do with you people making accusations about ambulance chasers and chancers.

 

so please stop hunting the claims management companies like they're evil or something. Is it so wrong for Tesco to sell what people need to live IE food! or are the IVA companies quite so bad? who help a lot of people get out of debt they cant in any way pay off? I know a lot of people on here are able to do it them selves but it doesn't mean everyone can. NOT ALL CLAIMS MANAGMENT COMPANIES ARE CROOKS!

Link to post
Share on other sites

That may be all well and good, but the point that I'm making is that this is a self help website, so no place for CMCs here I'm afraid. I don't know why you think Kevin would have won his case if he'd used a "proper claims management company". If you read the judgement and familiarise yourself with the facts of that case, the defence should have been struck out. I don't know what Podgydad or Will Scarlet might have done to help in that matter. Not much I suspect. Of course these companies are free to operate as they wish, nobody is arguing against that. And, on the other hand, it is perfectly legitimate to express an opinion that they are ambulance chasers and chancers. That's called free speech. At the risk of repeating myself, this is a SELF HELP website. Perhaps people who run CMCs should set up THEIR own website because this one is for people who want to do the job for themselves.

Link to post
Share on other sites

The judge is probably alledging Champerty. Suing on the back of another claim. But he needs to very careful of his ground as these appear to be serious allegations, as anyone can conduct a case for special damages. They cannot when either a minor is involved or it is claim for personal injury that is about to be litigated. In a matter of special damages they could, with the courts consent, act as a 'litigation friend' even in a higher court

 

If the person is a recently licensed claims firm he may charge for his service which is usualy done on a contingency basis (share of the compensation) & because of this I think the DJ may be wrong or not fully aware of the situation

 

He may also sign the N1 as the claimants 'Litigation Friend' Alternativley he may after completing the N1 send it to the claimant for signature.

Many solicitors do the latter because by signing the N1 they are signing a statement of truth & if it's wrong, as clients lie, they could be guilty of perjury.

 

As for finding a solicitor good luck!

 

Unless your willing to pay you have no chance. No solicitor has yet come forward who will act against the banks for a litigant on a 'No win No fee' CFA basis. They need litigation insurance & so far no insurer is willing to offer it & believe I know they have been asked. Nor will they act in contingency as that would be risking theirs & their partners own money & that would never do

 

Also you should realize that, whilst I too don't like these claims firms, they are risking their own money should they lose or even if they win & any costs are awarded against the claimant they will have to pay them

 

I don't think he is alleging champerty he is simply pointing out the relevant legislation in the Solicitors Act. The one that gives me the most trouble is this one "(a) act as a solicitor, or as such issue any writ or process, or commence, prosecute or defend any action, suit or other proceeding, in his own name or in the name of any other person, in any court of civil or criminal jurisdiction"

 

The judge seems to be indicating that it is an offense for a non qualified person to fill in an N1 on behalf of a client for gain.

Link to post
Share on other sites

My only beef with CMC's is that they should amend their fee according to how quickly the bank coughs up. The sooner they pay up the less their charge should be & not just a blanket %

 

However I think we SHOULD be grateful to the OP in letting us into the thinking of this judge. Through the benefit of the internet a picture may emerge as to this judges thinking which the judge might regret

Link to post
Share on other sites

I don't think he is alleging champerty he is simply pointing out the relevant legislation in the Solicitors Act. The one that gives me the most trouble is this one "(a) act as a solicitor, or as such issue any writ or process, or commence, prosecute or defend any action, suit or other proceeding, in his own name or in the name of any other person, in any court of civil or criminal jurisdiction"

 

The judge seems to be indicating that it is an offense for a non qualified person to fill in an N1 on behalf of a client for gain.

 

Then he's wrong.

 

Of course your allowed to help someone fill in an N1 provided the claimant signs it & if your a licensed CMC your perfectly entitled to charge for your service.

 

Laypersons are entitled to receive payment for their services

Link to post
Share on other sites

Then he's wrong.

 

Of course your allowed to help someone fill in an N1 provided the claimant signs it & if your a licensed CMC your perfectly entitled to charge for your service.

 

Laypersons are entitled to receive payment for their services

 

But thats not what the act says, it quite clearly states that you can't issue proceedings in yours or anyone elses name for gain, you can do it for free though.

 

I appreciate your opinion on the matter. Are you a solicitor?

Link to post
Share on other sites

No advice is being sought, lol, I give up. Paul123, what is the use, it's like banging our heads against a brick wall. I have agreed that there are some very good CMCs who are professional companies, and I have agreed that some people are unable to help themselves when it comes to making a claim yes we all know thats a fact

 

What I am against is that some people pay those CMCs who are cowboys a high fee for their unprofessional services believing them to be professionals yet these cowboys get it here for free misleading their clients into believing they know what they are doing.

 

I agree with Paul123 they should start up their own forum or inform their clients that they are just Laypersons who will help them with their claim for a fee

  • Haha 1

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

Link to post
Share on other sites

No advice is being sought, lol, I give up. Paul123, what is the use, it's like banging our heads against a brick wall. I have agreed that there are some very good CMCs who are professional companies, and I have agreed that some people are unable to help themselves when it comes to making a claim yes we all know thats a fact

 

What I am against is that some people pay those CMCs who are cowboys a high fee for their unprofessional services believing them to be professionals yet these cowboys get it here for free misleading their clients into believing they know what they are doing.

 

I agree with Paul123 they should start up their own forum or inform their clients that they are just Laypersons who will help them with their claim for a fee

 

I think you will find that I have asked very few questions, and the ones I have were personal not business related. I may have asked one or two but for the amount of time I have been here, over a year I haven't really asked many questions at all. You also conveniently ignore the posts were I have shared my experience and been helpful. I'd love to be more helpful but with 2 businesses and a family there isn't much spare time. If I have a business related question, I ask my solicitor who charges me through the nose :-)

 

In all honesty Pen, I don't really care if you approve of what I do, I learnt a long time ago that you can't please all the people, all of the time.

 

I have a great deal of respect for this site and its founders.

Link to post
Share on other sites

I don't have a problem with pogydad. Unlike some on this site he/she admitted their identity from the outset & as they have said they didn't ask advice they only provided information which I for one am grateful.

 

Long may they post

Link to post
Share on other sites

Pen thanku for your comments. Id like to add that even if i could afford those charges i wouldnt drop it on principal as ive sed before its corporate theft on a grand scale.Out of my depth a bit but still having a go.If i am successful i shall definately try to help others. Contacting mp 2moro as well as going to see the branch manager. Judge C appalls me. Hope thats not offensive!!certainly dont mean to bewell at least not to you.

Link to post
Share on other sites

Also I Do not support CMCs in general but a service will only exist whilst there is a demand. feel somewhat sorry for podgydad. its a job which while not free remains a satisfying one for both parties. I would rather work for a CMC than a bank put it thatway!! very grateful for all the people on this site though.It is very empowering reading of successes and one day perhaps the laws will change through such mass protest.

Link to post
Share on other sites

Petcat

I think it will be coming to an end shortly. All the T&C's will be changing soon to the effect that when there is insufficient funds, they will increase the overdraft to pay the D/D etc.. but charge you a fee for that service.

I think that is a way around it

 

JMHO

Link to post
Share on other sites

Let's not forget, that any monies the banks are being forced to repay now and in the future will have to be recouped to make up the targets set for their employees. They will reach those targets somehow.

 

The methods utilised will alter rapidly, much to the demise of many who have enjoyed the luxury of 'free' banking.

 

This will be an additional cost to the customer and will impact on the saver.

 

Tide

Link to post
Share on other sites

Do we care! Tide I don't. Rather than develope e false market for this well off enough to stay in credit it will at least cause those same people to take a more sanguine view of their accounts. Then they might find themselves being ripped off for the services the banks offer.

 

Also I suspect market forces being what they are & despite the banks claim that they will have to charge everybody (shame & probably untrue) they will again offer perks to attract these very same people

Link to post
Share on other sites

I think we have to remember that we are all fighting the banks and are on the same side.

 

It's just that some of us are doing it because of a genuine sense of injustice and desire to help others in the same situation, and some of us are just interest in making money from it.

 

Let's face it, your business relies on the existence of bank charges, yet you expect me to believe that you are fighting the good fight? Pull the other one amd drop the righteous nonsense until you're willing to fight the banks for free.

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

Link to post
Share on other sites

It's just that some of us are doing it because of a genuine sense of injustice and desire to help others in the same situation, and some of us are just interest in making money from it.

 

Let's face it, your business relies on the existence of bank charges, yet you expect me to believe that you are fighting the good fight? Pull the other one amd drop the righteous nonsense until you're willing to fight the banks for free.

 

Rolls eyes.

 

Nope, its something that has taken your interest and in a way you have become a little addicted to the cause of fighting the banks. You do this because it makes you feel good, it makes you feel like you're in control and are some kind of moral champion. So get off your high horse Jesus.

 

There's absolutely nothing wrong in helping people and making money out of it. You disagree with that and that's fine, just don't think that you are somehow morally superior.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...