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court staff v preacher

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Re: court staff v preacher

Postby preacherman » Sat Feb 17, 2018 10:28 am

atticus wrote:Are there any other things that you want to say but have not yet said?

Are you bringing this claim in the magistrates court? That is novel.


Don`t know what you mean ref first paragraph.

No my claim is small claim but out of principle, now they have completed there mission of depriving me of my property, I also feel like issuing a criminal charge.

am I correct in thinking that you cant just place a lien on someones property, (and not return it until the lien is paid) because you assert there is a debt now owed against it?
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Re: court staff v preacher

Postby atticus » Sat Feb 17, 2018 11:00 am

No.
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Re: court staff v preacher

Postby preacherman » Sat Feb 17, 2018 2:07 pm

atticus wrote:No.


well from what I have read its open to certain conditions and,or notices and even refusing to return property before payment of a lien can be a conversion.
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Re: court staff v preacher

Postby atticus » Sat Feb 17, 2018 3:12 pm

What have you read?
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Re: court staff v preacher

Postby preacherman » Sat Feb 17, 2018 5:10 pm

atticus wrote:What have you read?


https://www.lexology.com/library/detail ... ec871bb0b5

http://www.letlink.co.uk/articles/17-ar ... e-property

https://uk.practicallaw.thomsonreuters. ... sc.Default)&firstPage=true&bhcp=1

https://www.inbrief.co.uk/sales-law/wro ... ith-goods/

its all just a bit of learning for me, the item included in my claim is a small item but mine nonetheless.
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Re: court staff v preacher

Postby preacherman » Sat Mar 03, 2018 6:47 pm

atticus wrote:What have you read?



can you help me with an update. So after complying to a court order to supply 'concise and precise' particulars of claim.

2 minutes into the hearing Judge asked D if she still had chattel, D replied yes. (this comes after a letter stating that unless a fee is paid and item collected then item would be given away- so D has appropriated item for herself). Judge asked me if I wanted it returned, I said yes But I did not want it returned, but I felt that if I did not go along with the Judge it would not benefit my standing with the judge at the hearing.

My claim was concise and precise as ordered, under Interference of goods act 'damages'- I don`t think the Judge even read the court file as this was during the blizzard, and think Judge was a deputy. The court said provide concise and precise claim, which I did, but then court began to instigate an order for return of goods, not concise to the remedy sought at all.

when I told the Judge D was being dishonest, Judge said, 'comments like that wont help you' I felt like I was at a committee meeting, not a court, I have never seen anything like it. The Judge was typing when D and C were talking and at one point said I am just turning on my laptop! I have never seen that behavior before? I corrected the Judge regards an invoice purchase of D, but when giving Judgment she again misquoted the fact.
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Re: court staff v preacher

Postby preacherman » Sat Mar 03, 2018 10:07 pm

questions questions. whats a counterclaim? if no counterclaim is issued in a small claim, how can a defendant state they are 'rebutting payment of an invoice' for work done on room A, for alleged bad work done on room B?

I guess its something to do with set off?

(swarb one drive!)
A set-off is a pure defence - famously described as a 'shield not a sword' (Stooke v Taylor [1880] 5 QBD 569).

The defendant who raises a set-off does not need to pay a court fee and the part 20 rules do not apply.

However, a set-off is not a separate action and the successful defendant cannot obtain a judgment on the set-off.
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