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Hearing end of the Month

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Comments

  • jackmarak
    jackmarak Posts: 72 Forumite
    Second Anniversary
    It's in there cheers.

    Does anyone know of a case to reference that would suit the following:

    Signs were unclear
    "The premises" isn't clearly defined.

    Kind regards.
  • System
    System Posts: 178,374 Community Admin
    10,000 Posts Photogenic Name Dropper
    Signs were unclear

    Use Vine v Waltham Forest - the one they quote. Vine won the case as the signs were not clear.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • jackmarak
    jackmarak Posts: 72 Forumite
    Second Anniversary
    I don't know if this case would help.
    When I say unclear, I mean the wording.

    I'll read more incase something was missed.
  • System
    System Posts: 178,374 Community Admin
    10,000 Posts Photogenic Name Dropper
    When I say unclear, I mean the wording.

    Vine v Waltham Forest / Thornton v Shoe Lane Parking etc

    No real need to press on that as it is trite law / common agreement that you cannot have a contract where the terms are unclear. Google contra proferentem.

    Besides if there is no basis for their offer (a liquidated company) the wording is immaterial.

    They may use VCS v HMRC (see selling Buckingham Palace) but again even that fails if there is no consideration.

    You may be overthinking this one. It is likely they will discontinue last minute when you send the a copy of the SA. Your task is to get costs.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • jackmarak
    jackmarak Posts: 72 Forumite
    Second Anniversary
    It's nice to hear someone else say I might be overthinking it aha

    Trite law was mentioned in the defence statement re the signs actually.
    I'll read through that again. Cheers for the cases.
  • jackmarak
    jackmarak Posts: 72 Forumite
    Second Anniversary
    Also, should the SA be served as soon as it's done?
    No point delaying is there.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Do it 3 days before
    No point giving them chance to work out their complete f-ups either.
  • jackmarak
    jackmarak Posts: 72 Forumite
    Second Anniversary
    Good shout, the last bomb shell.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Its also a great time to include your costs claim as well
    Normal costs - half day off / loss of pay, mileage and parking
    PLUS
    Unreaosnable behaviour costs
  • jackmarak
    jackmarak Posts: 72 Forumite
    Second Anniversary
    A schedule of costs has been sent.
    Was mainly for research time.
This discussion has been closed.
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