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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
    When did you last make a payment?
  2. mjt2013
    Basically the judge has considered that the defence is so bad that there's no point in allowing the case to continue to a final hearing. Striking out a defence basically deletes it from existence so the Claimant is now able to request judgment. Did the order say anything about the Defendant being able to apply to set aside or vary the order?
  3. mjt2013
    To bring the case to an end without incurring further costs and wasting time.
  4. mjt2013
    Well, you could defend and win.
  5. mjt2013
    Usually failure to pay a fee will lead the court to automatically issue an unless order extending the time for payment and if that order isn't complied with the case should be struck out without you having to do anything.
  6. mjt2013
    In your first letter you may want to stop using the Royal 'we', it makes your letter sound very strange indeed.
  7. mjt2013
    If it's allocated to the small claims track then your wife can use you as a lay representative to speak on her behalf for the hearing.
  8. mjt2013
    If it's not defended you get a CCJ which you can then apply to pay by instalments. If it's defended and you Los you still get a CCJ but the costs will be higher so you'll end up paying more.
  9. mjt2013
    Once a claim has been issued the clock stops so if it wasn't SB at the start it won't become SB during the life of the claim.
  10. mjt2013
    Bank Fodder is correct about that. As for the earlier post you won't get compensation for the loss of use of your Hoover!
  11. mjt2013
    OP, you really must read and understand the requests you make and everything you do in this process. If you don't then you could find yourself in a real pickle if you have to start explaining things you've done or said to a court.
  12. mjt2013
    Normally when listing a preliminary hearing the order will state exactly what the issues to be discussed are, is that apparent from the order? As for doing it by phone that's a perfectly acceptable thing to do but obviously both parties, and the court, have to agree. Bear in mind that for a short preliminary hearing the court won't usually be assessing any oral evidence so there's no real need for the judge to see people in person. If you don't want to agree then don't but beware that Vodaphone could try to get their costs of attendance on the basis of unreasonable behaviour if you don't have any real reason for forcing a hearing in person.
  13. mjt2013
    A certificate of service is Form N215 I think, if you google it you should find it.
  14. mjt2013
    If you have a meeting with your solicitors they are the experts who can advise you.
  15. mjt2013
    My understanding is that they would have needed a court order to pay the money in, otherwise people could in theory use the Court Funds Office as a current account! I think you would do well to get the case details from Santander's solicitors and then make an application in that claim for the money to be paid out.
  16. mjt2013
    You are not statute barred then and can use the warranty to say they should repair the fault.
  17. mjt2013
    When did the door crack? Regardless of the term of the warranty, the 6 year period would only run from the date that you could have sued them so unless the issue arose more than 6 yrs ago and you've not got around to doing anything then their argument falls away without you having to consider the warranty.
  18. mjt2013
    As your wife is the Claimant she really should attend at least but, as it's a small claim, she can be represented by a lay representative ( you, for example) as long as a fee isn't charged.
  19. mjt2013
    For the first question, there is a rarely used procedure whereby if both parties consent the case can be decided by the judge on paper without a hearing. The advantages and disadvantages of this are fairly obvious and, unless the Defendant has similar problems with attendance, I'd imagine a hearing will take place. If possible sound out the Defendant and see whether you can agree that but beware you may get an adverse judgment as the judge won't have heard what you have to say. Part 27 of the CPR contains the procedure for this. For the second question, witnesses don't have to attend to give evidence as the court will consider their statement to be their evidence in chief but, again, beware because a witness who has not been cross examined will be less persuasive than one who has attended and had their evidence tested. Ultimately it's a judgment call but the best thing would be to have a hearing with all of your witnesses there.
  20. mjt2013
    Don't ask about selling the land Ganymede! I had the gall to suggest that and my posts were deleted overnight
  21. mjt2013
    CPR r 2.8(2) would suggest that it's clear days rather than working days only.
  22. mjt2013
    You must attend the hearing!
  23. mjt2013
    You can defend yourself if you like or instruct solicitors but beware that the claim will probably be allocated to the small claims track so you are unlikely to recover any legal costs you incur. The same applies to the other side so I'm not sure why you say you will end up paying legal fees "either way"?
  24. mjt2013
    There's no apparent basis to counterclaim here, what would it be for? Just defend the claim on the bias that it's not true. He'll have to prove otherwise.
  25. mjt2013
    At any stage did you enter into any sort of written agreement? If so, what did it say?

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