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

pt2537

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Everything posted by pt2537

  1. pt2537
    Well what law has the Council broken by writing? What is it you are trying to achieve? its not entirely clear from your post?
  2. pt2537
    its not unreasonable nor threatening in my view, its reminding you of your tenancy obligations. It may be that someone has mentioned noise or antisocial behaviour coming from the property and the council has written to remind you of the obligations of tennants
  3. pt2537
    Totally agree paul
  4. pt2537
    Lloyds TSB defaults are bad, they fail to contain the information required by schedule 2 para 10a of the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) Therefore the cannot be enforced without being remedied
  5. pt2537
    With respect termination IS Enforcement as per the High Court judgment in McGuffick no enforcement can be taken in dependence upon a bad notice ( HHJ Chambers QC)
  6. pt2537
    Do you have a case authority which supports this please?
  7. pt2537
    Its not a case of Egos Car Its a case of offering the OP proper clear advice and debating it, I offer Harrison vs Link as the contention that no termination can occur in dependence on a bad notice, it is a High Court ruling and thus binding on the lower Courts!
  8. pt2537
    sadly, yes, it can
  9. pt2537
    If the judge has ordered you to do something, then you must do that thing. If the Court has ordered that the Claimant must do something first and then you shall do XXXX , then if the Claimant fails and breaches the order you should apply for an order enforcing the Courts order etc Can you direct me to the courts order and what it says please
  10. pt2537
    may well be a letter of claim and then a High Court action if they persist
  11. pt2537
    i have recently been passed an opinion of a barrister whom i have not debated my view on this whole rescission arguments, but i can say that his view mirrors mine in that you cannot terminate a regulated agreement unless the statutory requirements are met. if they arent met then no termination can occur, this accords with Chambers view, and the view of many County Court judges and many many other counsel whom i have canvassed.
  12. pt2537
    you will need to speak to Royal mail legal department i cannot say anymore sorry,
  13. pt2537
    UK mails own terms and conditions set out that they do not guarantee 2 day delivery due to the reliance on the Royal mail Google UKMail and you will find them or look here http://www.ukmail.biz/assets/ukmail_DSA_tcsept09.pdf
  14. pt2537
    I think in circumstances where there is a live claim, then the defects will need to be pleaded within the defence
  15. pt2537
    Firstly well done secondly air on the side of caution, a struck out claim can be revived easily, an application on notice with evidence and seeking relief from sanctions under CPR 3.9 would get them back in i reckon, certainly from my experience the Courts are quite happy to allow such applications. If the matter was small claims then the judge may have decided against allowing costs, so you will not be able to claim costs
  16. pt2537
    well, as it stands, its good news, but one cannot say what the opponent will do, so i cannot say its the winning point
  17. pt2537
    i am talking as clear as i can do you cannot enforce on the back of a bad notice, this is what the case law tells us, btw Harrison was my case so i am fortunate to have the insight into that case too. You have a bad notice, it cannot lead to enforcement what more can i say? what more do you want me to say?
  18. pt2537
    it was more that point of law that i was concerned with legal submissions can be made to say that the missing info is of extreme importance, the notice thus is bad and no enforcement can be taken in dependance on the bad notice
  19. pt2537
    http://www.bailii.org/ew/cases/EWHC/Mercantile/2011/B3.html read paragraph 75 of that case
  20. pt2537
    then your notice does not contain the statutory wording required by para 10a of schedule 2 of Consumer Credit (Enforcement, Default and Termination Notices)Regulations 1983 (SI 1983/1561)
  21. pt2537
    too small, Does it say words to the effect of "This notice should include a copy of the current Office of Fair Trading information sheet on default. This contains important information about your rights and where to go for support and advice. If it is not included, you should contact us to get one.".] AND WHAT WAS THE DATE ON THE NOTICE
  22. pt2537
    given this may be win or lose here, the sooner the better really
  23. pt2537
    that will be the default notice can you post a copy please, very very important
  24. pt2537
    Hi May i ask, do you actually have the default notice? and also when was it served on you, was it between 2008 and 2010? There is a very good reason why i ask
  25. pt2537
    To elaborate, MBNA said it was deffo UKMail but we had the envelope so could show the postal method was not ukmail but an inferior postal service

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