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

mjt2013

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Everything posted by mjt2013

  1. mjt2013
    So number 2 is the section that deals with a failure to comply with the order?
  2. mjt2013
    So what has actually happened here? Has the court granted an order for sale?
  3. mjt2013
    Why is your sister liable for half? Just saying so out of a sense of duty will not change the legal position, is there any legal basis for her liability?
  4. mjt2013
    I imagine an admin thing, either there's a backlog or you've fallen off the system due to an error!
  5. mjt2013
    It's not been assigned then, the funeral directors still own the debt but they've instructed Redwood to chase it.
  6. mjt2013
    You could of course sell your house if you can't pay the mortgage and then take local authority accommodation if available to you.
  7. mjt2013
    You don't have a human right to have your mortgage interest paid for more than 2 years! How is this a breach of the Convention?
  8. mjt2013
    The Tomlin order remains 'valid' in the sense that it continues to exist but obviously you've breached it. Usually the order will specify the consequences of breach such as the Claimant being entitled to lift the stay and request judgment so you may want to double check the order itself. On the other hand the Claimant can't be forced to exercise it's rights following from the breach so if they just want to leave it then they can, as odd a decision as that may be.
  9. mjt2013
    Firstly, are you sure this is a small claim case? Is the amount less than £10,000? Secondly, if they have solicitors then ask if they are instructed to accept service. If not, have a look at Part 6 of the Civil Procedure Rules online and this will tell you what you need to do to effect valid service.
  10. mjt2013
    There is a very good chance of having the judgment set aside on mandatory grounds as service was not effected. CPR r. 6.9(3) requires a potential Claimant to take "reasonable steps" to ascertain a Defendant's address where they have "reason to believe" that his usual or last known address has changed. It seems that you told them your son lived elsewhere and they ignored you, they should have tried to get his address (or at least asked you for it) and it seems they didn't. If a claim isn't served properly then a default judgment must be set aside.
  11. mjt2013
    I'm not sure why you think that's a laughable question because it's very common to buy a car on HP and it has a huge effect on the answer to your question because it changes who the legal owner of the vehicle is. Anyway, I was just trying to help you to be clear so you would get accurate advice but I'll leave it for others to bother with.
  12. mjt2013
    How did you get the car? Is there any HP involved?
  13. mjt2013
    I haven't read the whole thread so apologies if it's apparent but why do you say that?
  14. mjt2013
    I know, I'm just making you aware that telling the court doesn't change the rules.
  15. mjt2013
    What do you mean the court is "on notice"? You have a set period in which to appeal otherwise you'll need specific permission to appeal out of time, you can't really say you're going to mull it over for longer.
  16. mjt2013
    My understanding is that any type of debts can be merged as long as they're all owed to the same creditor and relate to the same debtor.
  17. mjt2013
    If a claim is stayed it's put on indefinite hold without a decision being made about it. An application can then be made to lift that stay if either party wants the claim to proceed again.
  18. mjt2013
    Yes, otherwise people would dispute an account for spurious reasons to stop an assignment. It's disputed accounts which tend to be good candidates for assignment because the original creditor can't be bothered to chase the debt.
  19. mjt2013
    What would your damages be against them if you are already suing the builder himself?
  20. mjt2013
    FYI the first three points you raise in your first post will not help your app to set aside. You should focus on the other points.
  21. mjt2013
    Forget harassment and defamation, just deal with the claim and bat it away.
  22. mjt2013
    Good luck
  23. mjt2013
    The parties didn't have permission to instruct their own experts, therefore the expert that has been instructed must be the joint expert referred to in the directions, therefore the parties should jointly bear the costs of their joint expert, therefore my statement was indeed factually correct. There's no need to muddy the waters here, it's quite clear what the position is.
  24. mjt2013
    As it is a jointly instructed expert you should jointly bear the costs.
  25. mjt2013
    Does the order start with "upon..." Was there a hearing for this or did the judge do it on the papers?

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