Help please LC
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Gissajob
Nov 20, 2012, 3:16:02 PM11/20/12
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LC
We have an interesting situation arisen over on Unemployment Movement. Don't want to make public at the moment but I feel that your legal experience may be of use. Can you e-mail me at rchrd...@aol.com aand I will fill you in with details.
Thanks
We have an interesting situation arisen over on Unemployment Movement. Don't want to make public at the moment but I feel that your legal experience may be of use. Can you e-mail me at rchrd...@aol.com aand I will fill you in with details.
Thanks
Gissajob
Nov 21, 2012, 8:23:58 AM11/21/12
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Cat now out of bag!
Bryan tells me that a number of his clients have successfully claimed in the small claims court.
Thread here:
http://unemploymentmovement.com/forum/sheild/4485-another-way
Bryan tells me that a number of his clients have successfully claimed in the small claims court.
Thread here:
http://unemploymentmovement.com/forum/sheild/4485-another-way
Lazy Cow
Nov 21, 2012, 5:11:55 PM11/21/12
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Hi Gissajob
I've only just seen your query and I've added my own two pennorth to the thread.
The man who got so angry with the cold calling company was being pestered to buy something like double glazing. The cold calling was completely unsolicited by the man. Any Judge knows how very irritating this type of cold calling is, so the Judge had every reason to be sympathetic towards the victim.
In the case described on the thread, though, the WP provider's antics may well have been deplorable but does it really amount to "cold calling" and thereby to a genuine Nuisance? After all, this sort of activity by the WP provider is directly linked to the Govt's policy of ratcheting up the strict conditionality to be attached to claiming any Benefits at all.....
I reckon that it is way, way, way above a Distruct Judge's pay grade for him/her to try to upset and unseat a Govt policy. Foskett J was not prepared to go that far in the case of Cait Reilly & Jamie Wilson. He confined himself to hinting that he thought the issues should really be decided by the Supreme Court, following appeals to the Court of Appeal first.
Personally, I think that the Small Claims court has become hideously expensive for what it is, which is really only a way of collecting monetary debts that are clearly owed by Bloggs to Smith. The Small Claims court has really lost its original sense of direction, imho. It has become very expensive, very bureaucratic and very uncertain - all the things which, 25 years ago, it was intended to be able to avoid. Blair tinkered with it and wrecked it, in my view.
Also, how far can anyone trust that psychopath IDS? He would have no hesitation in altering the law so as to say that the Small Claims court does not have jurisdiction to decide anything in relation to his own pet projects, He would be able to rely on enthusiastic support & assistance from his equally horrible henchman Grayling.
LC.
I've only just seen your query and I've added my own two pennorth to the thread.
The man who got so angry with the cold calling company was being pestered to buy something like double glazing. The cold calling was completely unsolicited by the man. Any Judge knows how very irritating this type of cold calling is, so the Judge had every reason to be sympathetic towards the victim.
In the case described on the thread, though, the WP provider's antics may well have been deplorable but does it really amount to "cold calling" and thereby to a genuine Nuisance? After all, this sort of activity by the WP provider is directly linked to the Govt's policy of ratcheting up the strict conditionality to be attached to claiming any Benefits at all.....
I reckon that it is way, way, way above a Distruct Judge's pay grade for him/her to try to upset and unseat a Govt policy. Foskett J was not prepared to go that far in the case of Cait Reilly & Jamie Wilson. He confined himself to hinting that he thought the issues should really be decided by the Supreme Court, following appeals to the Court of Appeal first.
Personally, I think that the Small Claims court has become hideously expensive for what it is, which is really only a way of collecting monetary debts that are clearly owed by Bloggs to Smith. The Small Claims court has really lost its original sense of direction, imho. It has become very expensive, very bureaucratic and very uncertain - all the things which, 25 years ago, it was intended to be able to avoid. Blair tinkered with it and wrecked it, in my view.
Also, how far can anyone trust that psychopath IDS? He would have no hesitation in altering the law so as to say that the Small Claims court does not have jurisdiction to decide anything in relation to his own pet projects, He would be able to rely on enthusiastic support & assistance from his equally horrible henchman Grayling.
LC.
Gissajob
Nov 22, 2012, 8:19:34 AM11/22/12
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I see your reasoning LC - and can't fault it.
BUT!
Bryan tells me that the Small Claims actions HAVE been successful! Individual advisors *in 3 cases) fund liable for costs and £10 per instance damages. Now this may just be a quirk of one court/judge but interesting all the same.
Do you know if there is an easy way of getting details of the cases (I don't have names or court details).
P.S. The pumpkin won the biggest one competition! No prize I'm afraid - just kudos and the duty of providing the plants for next year's comp.
I'm thinking of changing my nom de plume to Ivor Biggun
BUT!
Bryan tells me that the Small Claims actions HAVE been successful! Individual advisors *in 3 cases) fund liable for costs and £10 per instance damages. Now this may just be a quirk of one court/judge but interesting all the same.
Do you know if there is an easy way of getting details of the cases (I don't have names or court details).
P.S. The pumpkin won the biggest one competition! No prize I'm afraid - just kudos and the duty of providing the plants for next year's comp.
I'm thinking of changing my nom de plume to Ivor Biggun
Lazy Cow
Nov 25, 2012, 5:41:53 PM11/25/12
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Hi Ivor Biggun
As far as I know it is impossible to get formal law reports of any proceedings in the small claims court. Having read the thread on the Unemployment Movement forum again, I'd suspect that Bryan's local small claims court are probably hostile to the Work Programme scheme and therefore sympathetic towards the local customers thereof.
"Quirky" results of the type that Bryan describes *do* sometimes happen. It could also be that there has been learned correspondence between the District Judges in the various small claims courts and whoever deals with regulating their activities. This sort of correspondence definitely does happen about a number of issues but, again,, as far as I know the correspondence is never published. I don't know whether it is possible to use the FOIA in order to obtain copies of any correspondence that there might be - but probably not, I suspect.
Do you know whether your WP "adviser" has a good vocabulary? I'd be inclined to take the p*ss by describing my agrihobby.
Mine would say, "Agrihobby? What's that?"
"Oh I cultivate Cucurbitaceae in my spare time......"
"You cultivate WOT?"
"Never mind what they are. Can you spell the word, my dear chap?"
Cheers
LC
As far as I know it is impossible to get formal law reports of any proceedings in the small claims court. Having read the thread on the Unemployment Movement forum again, I'd suspect that Bryan's local small claims court are probably hostile to the Work Programme scheme and therefore sympathetic towards the local customers thereof.
"Quirky" results of the type that Bryan describes *do* sometimes happen. It could also be that there has been learned correspondence between the District Judges in the various small claims courts and whoever deals with regulating their activities. This sort of correspondence definitely does happen about a number of issues but, again,, as far as I know the correspondence is never published. I don't know whether it is possible to use the FOIA in order to obtain copies of any correspondence that there might be - but probably not, I suspect.
Do you know whether your WP "adviser" has a good vocabulary? I'd be inclined to take the p*ss by describing my agrihobby.
Mine would say, "Agrihobby? What's that?"
"Oh I cultivate Cucurbitaceae in my spare time......"
"You cultivate WOT?"
"Never mind what they are. Can you spell the word, my dear chap?"
Cheers
LC
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