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BazzaS

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Everything posted by BazzaS

  1. I’m just wondering how the revenue protection staff member differentiates between a) you, the completely law abiding and dignity affronted member of the public who, of course, fully intended to buy a ticket, and b) the inveterate fare dodger who puffs out their chest, threatens to complain about the ‘jobsworth’, and generally fails “the attitude test”. Was there an open ticket office at your boarding station, or, if not, a working ticket machine? If so, you can’t avail yourself of one of those statutory defences to those pesky railway bylaws …. Were you in a ‘penalty fare’ area?
  2. “composing process” is a typo: “Complaints process”
  3. 1) Formal complaint regarding losses and distress due to DVLA’s maladministration, to DVLA Drivers’ Medical Group. Expect it to take ages, and then be fobbed off. 2) Escalate complaint to DVLA Chief Exec. Don’t expect much more than 1), but on more glacial timescale. 3) Then PHSO (via your MP), complaint regarding losses and distress due to DVLA’s maladministration. Step 3) requires exhausting DVLA’s composing process via 1) and 2) first, though.
  4. If it was from dashcam footage, they will have the number plate but not know who the driver was. Did you receive initial paperwork as the Registered Keeper (RK), and if so, was there an associated Section 172 (of the Road Traffic Act 1988) notification requiring the RK to identify the driver? If so, did you do so (to the police) within 28 days?
  5. Go, unless you hear FROM THE COURT that the hearing has been vacated. Worst case scenarios (that would take some undoing!) a) The court and representative for the lender aren’t aware the arrears have been settled, and a reposition order is granted b) one arm of the lender tells you the arrears are settled and you don’t need to turn up, but the other arm don’t know and a) still applies …… So turn up to state that the arrears have been settled, unless the court tells you not to …….
  6. If you’ve triggered an Anti Money Laundering alert, don’t expect an answer beyond “it’ll be looked at”. There is a specific offence of “tipping off” that their staff will be following a protocol to avoid them committing that offence, if it is an AML alert, with a Suspicious Activity Report (SAR) having been created. https://www.lexisnexis.co.uk/legal/guidance/money-laundering-offences-tipping-off-prejudicing-an-investigation (Naturally, I don’t work for them, and have no knowledge of if a SAR has been created or not : else I wouldn’t be able to highlight this!)
  7. An appeal to the Court of Appeal? Not for a faint-hearted litigant in person. You wouldn’t want to make a procedural error and get hammered with the other side’s costs……(or lose on a procedural point). If you are up against a large company, they’ll likely have (costly!) legal representation for something going to the Court of Appeal. Whilst CAG might help you with some of the “basic lifting” so you don’t have to get “lawyers to “ (charge you to) “do the donkey work”, are you SURE you don’t want professional legal assistance for the Court of Appeal?
  8. OK, I’m out. Some people just can’t be helped.
  9. So? What is your point / what do you want the judge to agree needs to happen as a result of this? and on what legal basis? Again, probably true, but completely devoid of context relating to your case. You need to both make your point and establish its relevance to your case!
  10. you could (& should) have enquired (“dug”) further. you could (also) have proposed your own INDEPENDENT expert. However, the expert’s report says he was jointly instructed and understood his duty to be to the court.
  11. “digging that was suggested months ago to satisfy yourself the expert really was independent?” Digging as in “digging for information” the “to satisfy yourself the expert…..” bit is what gives it away that this isn’t “digging” that gets done with a shovel or excavator.
  12. Well done! You’ve found a question to ask! You need to be clear on the point you are making, though, as you are asking about electrical equipment, then boiler, and then saying “no FENSA”. FENSA relates to windows and doors though, not electrical nor gas! <just seen that I’ve crossposted on the FENSA issue with Hb >
  13. Was the air-brick included in the expert’s joint instructions? (We don’t know, we’ve not seen them!)
  14. If I was the builder I’d be putting in a part 36 offer of £1001 (together with costs and interest to be added to the £1001).
  15. Well, you need to start making sure you are clear, and when you are asked for specific detail, providing it, and all of it (not just in ‘dribs and drabs’)
  16. I don’t know how anyone can do any more than guess, since you haven’t supplied the detail to make an informed assessment. If, somehow, you persuade the judge, then who knows what they will award. You’d have to have made, and make, a clearer / better / more justified case then is apparent so far, here, though! On info to date, success in your claim to the value of £1k, interest and costs is “best guess”, but it is literally a guess.
  17. Glad you’ve so effusively clarified in great detail, providing all the relevant info to back up your post, as always! (in case it isn’t clear, that is sarcasm based on frustration!). Good luck : if you can’t explain it here (given the gentle prodding and guidance offered), how in hell do you expect to explain it to the judge so as to justify your claim for £17k. The judge doesn’t have to help you explain it as they have to be a neutral / disinterested arbiter. It is your responsibility to make things clear and justify your assertions.
  18. I’m wondering if what this may come down to is (as an analogy) : person buys a 2nd hand car that needs lots of work.. Gets a general garage, asks them “sort my car out”, and they do, creating a 2nd hand mini. Garage sues buyer over unpaid fees, but their claim gets struck out. At the same time buyer says “but that’s a (dodgy looking) mini - I need £17k to get it to be the classic Rover I had in mind!” Expert instructed to provide a report, report says “Mini a bit ropey, will take £1k before it is able to get to basic standard” (but it will still be a second hand mini, after the 1k is spent) If that is a fair analogy, then it will turn (as MiE has said), on exactly what was agreed on when the buyer asked the garage to “sort my car out”!! Meanwhile : we are still just guessing a) as we aren’t hearing the garages side of things, and b) the car owner never quite answers what is being asked!
  19. Perhaps I’m being obtuse, but can someone explain this to me? MiE was asking about S’s comment of “I have written the defence and counterclaim myself with the help of a legal friend and quickly submitted it to meet deadline as have serious health issues at the time. I contacted my former solicitor there after. All he did was dealt with the allocation questionnaire and since the claimant didn't defend it, bingo...” Then S replies “Thats right but he didnt write builders quotation” ?!? Well, surely the only person likely to have written the builder’s quotation would have been the builder, unless I’m missing something……
  20. that doesn’t actually answer what I asked (in keeping with your previous posts : not providing info, not answering questions, filing schedules without getting them reviewed …..)
  21. Where did you put a value on them in the claim? The expert has given their opinion on items 1 to 29 where those raise issues of breach / negligence.
  22. Ideally you’d have got an idea of the sum you were claiming. Courts don’t like it when claimants are nebulous about sums, when the claim is well advanced. Is that why some say zero? Zero is the wrong thing to say : you’d be better to put “to be determined”, putting zero isn’t the same as “leaving it blank” as zero implies “no loss”. a) why on earth didn’t you ask about this before you filed that schedule b) why on earth are we only seeing this now? What else (that could be game changing!) remains to emerge??
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