verbal agreement and the court.

Tozer

TellTheTruth wrote: »

Lease......... well I have a 125 year lease on my property and I have a contract. So whether it was LEASE or whether it was HIRE of the van/truck there would have been conditions. One of the conditions I have on my lease (of my property) is that I cannot sublet unless I notify the management company. Doubt if it was a LEASE or if it was a HIRE on the van/truck that there was not similar.

Nick Smith

This is getting worse. Leases of real property over years MUST be in writing.

You don't understand the difference between contracts (being legally enforceable agreements) and the document themselves. You can, GENERALLY, have a contract without a written agreement.

Tozer

TellTheTruth wrote: »

Oh and by the way read the difference between Laws and Acts. Laws are ONLY passed by the Queen (or if may be King) and Barons. Acts are passed by Parlament. The House of Lords does not even have the right to pass Laws.

Laws superceed Acts. Read your Bill of Rights and find what Laws really protect you.

A lot of people say "The law says this". NO. What you are saying is "The Parlament Act says this". And actually a Parlament Act is not really law. It is the equivalent of the "title" I have on here under my "nick". Am I a Money saving Convert? Heck you decided to give me that title. And Heck no I am not. So if you want to call a Parlament Act Law....... up to you. Is it? Heck no it aint.

Nick Smith.

More gibberish.

England and Wales has a common law system. This means that previous cases are binding - it is "judge made".

On top of judicial law, Parliament has power to make primary and authorise secondary (subordinate) legislation. Primary legislation (Acts of Parliament or "Statutes") receive Royal Assent by the Queen. It is a token measure. Barons don't come into it at all!!!!!

The House of Lords can create law - indeed it is the second chamber in Parliament so legislation MUST pass through it. However, it cannot prevent laws being passed.

pelirocco

TellTheTruth wrote: »

And that was one of my arguments namely he had not right to lease the truck.

.Implied contract is the same as if I was to go and buy a telly and for example, after say 2 years it breaks down. Although the company selling it may claim that the telly was only guaranteed for a year, there is the Consumers Rights that says that an item has to be of "worthiness" (Might have used the wrong word there). Hence you can go to the seller and claim that you are entitled to 6 years warranty and they have to repair it as a telly that cost say £800 should give more then 2 years service.

Remember that what I was referring to was the comment "You go in a shop and you buy a Mars bar".

Nick Smith

Isnt that the sale of goods act? wheres the relevence to this case?

bingo_bango

I'm giving up on this as it's obviously a troll mission cleverly(?) disguised as someone who is just gormless enough to get the rest of us debating.

Cue the flaming from TTT.

screwball

I am not a troll, I do however, now work a 70 hour week to try and clear all debts and I am trying to get everything in order and sorted, so in my "spare time" I am not always online and I personally have more respect than to try and cause an arguement on a forum where people were of great help to me previously.

I do, also, have a receipt for the £1400.00 "as deposit for the rental of the truck" and I also have a copy of a letter I sent to the friend, asking for a mutually convenient meeting to enable us to sort out a written agreement that states terms and conditions. And I also paid cash, into his bank account, and I have stamped stubs for all payments made.

I guess I am guilty of not getting anything in writing before it was agreed, and I am guilty of thinking a friend was a friend, I am also guilty of foolishness, but I have learnt my lesson and am quite prepared to pay if the judge thinks I should because I realise I was stupid. Its a learning curve. However, I do feel that considering everything else, I have a defence and am within my rights to try and fight if possible.

Im sorry if I caused an arguement but I genuinely was asking for help.

Tozer

screwball wrote: »

I am not a troll, I do however, now work a 70 hour week to try and clear all debts and I am trying to get everything in order and sorted, so in my "spare time" I am not always online and I personally have more respect than to try and cause an arguement on a forum where people were of great help to me previously.

I do, also, have a receipt for the £1400.00 "as deposit for the rental of the truck" and I also have a copy of a letter I sent to the friend, asking for a mutually convenient meeting to enable us to sort out a written agreement that states terms and conditions. And I also paid cash, into his bank account, and I have stamped stubs for all payments made.

I guess I am guilty of not getting anything in writing before it was agreed, and I am guilty of thinking a friend was a friend, I am also guilty of foolishness, but I have learnt my lesson and am quite prepared to pay if the judge thinks I should because I realise I was stupid. Its a learning curve. However, I do feel that considering everything else, I have a defence and am within my rights to try and fight if possible.

Im sorry if I caused an arguement but I genuinely was asking for help.

Not you! I think the comment was to TellTheTruth who seems to be spouting utter nonsense.

myrnahaz

No one was calling you a troll, Tozer - your query is perfectly relevant.

Your mate was breaking his contract by renting-out a vehicle he didn't own.

You may get him off your back by threatening to inform the leasing company of his unlawful act. If you don't know who the leasing company is, bluff - tell him the court will instruct the DVLA to trace them.

Tozer

myrnahaz wrote: »

No one was calling you a troll, Tozer - your query is perfectly relevant.

I'm not the OP.

myrnahaz

Sorry, Screwball - looks like I'm the troll, lol!

bingo_bango

Apologies if you thought was directed at you screwball. I was posting about TellTheTruth (a very apt name for a troll :rolleyes:).

Please forgive my lack of clarity.