MSE in court,,,

Freddie_Snowbits

What will happen First.

1 MD gets his money back
2 Space flight becomes routine
3 Pigs will fly
4 I collect my pension at the Post Office

grayme-m

Freddie_Snowbits wrote: »

What will happen First.

1 MD gets his money back
2 Space flight becomes routine
3 Pigs will fly
4 I collect my pension at the Post Office

It has to be 2 as 1, 3, and 4 will never happen (4 because the PO will be closed and you'll have to take it from the bank).

marleyboy

Im itching to know the results of this case, were now 3 threads into it, and all the advice offered has been scoffed at, even by those who currently work within the law, and offered advice where under normal circumstances a fee would apply.

Many posters in here I know are of sound mind, and very good legal reps, and as a result of giving advice have been laughed at or accused of being Trolls.

I predict this case will be lost, and Egg on face will ensue, in which case I predict it will just go hush hush, but to keep with the humour of this thread (the title of which BAFFLES me) maybe the OP thinks ICE wont see it because of the title, I don't know. It seems almost certain they have records of all 3 threads. I am hoping that WHEN this case is laughed out of court, as I predict it will be, there's an appeal, and another and another.

Maybe I am wrong, in which case I and many others on here will all have egg on our faces, the OP can freely laugh at us all then with the old "I told you so". I very much doubt it, but I am dying to find out one way or the other.

Good luck Mb your certainly going to need it, and I really do hope for your sake you win. I just dont have your confidence on it.

mdbarber

thanks hev nice approach, but have been so busy with employment and working on house etc haven't really had time to chase it up, hopefully i should be back on form next week.
Phoned courts this evening to chase up and they said there is a letter coming out tday with a proposal from incarexpress, and according to the notes, the judge has said if i don't agree to whatever is in the proposal they will re-schedule the hearing
We shall soon see, surely this must come to an end sooner or later.
Also had a thought today that the unit is warrantied by Sony so if incarexpress don't stop delaying they will be left with a unit they will have to pay for repairs on, should hurry things up I hope.

hev_2

mdbarber wrote: »

thanks hev nice approach, but have been so busy with employment and working on house etc haven't really had time to chase it up, hopefully i should be back on form next week.
Phoned courts this evening to chase up and they said there is a letter coming out tday with a proposal from incarexpress, and according to the notes, the judge has said if i don't agree to whatever is in the proposal they will re-schedule the hearing
We shall soon see, surely this must come to an end sooner or later.
Also had a thought today that the unit is warrantied by Sony so if incarexpress don't stop delaying they will be left with a unit they will have to pay for repairs on, should hurry things up I hope.

I am not trying to be nasty or spiteful or anything, this is genuinely meant.

My instinct (which could be really wrong, so go with what you feel) after hearing what you put is that the District Judge thinks that this could be dealt with outside of court. If it is a big court you may not see the same District Judge and they may take a different approach. If it is a small court or you are not lucky you may get the same District Judge. If ICE have made sensible proposals, or even half way sensible proposals, and you do not accept them (sensible in the eyes of the District Judge who are usually pretty sound but we all have off days) then the case is likely to go against you and the costs (small amounts) will be awarded against you. If you do not pay these costs then ICE could enforce them or you could start appealing.

I am not legally trained, it is ages since my years in the courts, and I could be talking a load of rubbish. However I would seriously recommend accepting ICE's proposals if they are even halfway acceptable. Otherwise you can get really tangled up and the big issue is usually how much the costs end up.

Hope it all works out for you.

mdbarber

yeah think that has been mentioned before and the last proposal was pretty close to what i wanted but not in the order i saw fit.
I agree that this really shouldn't waste a courts time but can't help feeling that the blame for this is being unfairly placed at my feet, if they had just collected and refunded/replaced 9 mths ago we wouldn't be here today.
As it is they have put up such a fight against providing me with my minimal rights I really cannot trust them to do the right thing in any way shape or form
On that basis I am sticking to the minimum the law allows as i feel any deviation may disadvantage me in the future
Because the judge did not dismiss on that basis i am taking it as being correctly justified in not accepting any less performance from the defendant than the law specifies, after all we can't "bargain" on speeding fines.
There was no distinct hints from the good lady who took my phone call but no giggles either so professional impartiality seems to be present in the courts staff, hopefully the judges will reflect this.

hev_2

My last job, before DS was working for an Associate in a firm of solicitors. I spent more than ten years working for the court service. I am not legally qualified but I have been an interested observer.

Right, this interested observer has worked out...

It doesn't matter if you are right or wrong. It doesn't matter if the District Judge (all the ones I dealt with over the years were immaculately impartial and pretty clued up) gets it wrong. It doesn't matter if the whole of case and statute law is behind you. What matters is that you can end up paying out more in costs than the original unit cost. You can end up paying out more in costs than the cost of the original unit plus replacement plus professional fitting. Stuff principle, look to the end result and make the call on that.

That is the sort of call that makes some solicitors extremely successful.

grayme-m

hev, at least three threads on here say you're wasting your time.

Sssssss

just to refresh my memory, isn't this case all about a faulty unit that if had it been returned the OP would have ad his money back + postage by now.

grayme-m

Sssssss wrote: »

just to refresh my memory, isn't this case all about a faulty unit that if had it been returned the OP would have ad his money back + postage by now.

That's how everyone but the OP sees it.