County Court

[robertjrt]

Dear Readers,

I was unsuccessful today with my three Claims against Mercedes-Benz, one was "struck out" as I had not sent in the documents requires under an Order, the other two were an "abuse of the Legal process" and as a consolation prize I have a £5,700 Cost bill to pay.

Ahh well, I shall have to wait and see how my Penal Notice of Contempt of Court in a few months time progresses.

MB were not able to secure a vexatious litigant Order against me, so, its not all bad news.

It would seem that my MoboiLife was "re-instated" even thought my car had not have a service for three years, interesting;yes?

Beware of the Small Claims Court as it would seem that you can be left with a large Costs bill even if you think that you are not liable!

MB sent two solicitors and a Barrister and it took a days Court time, but, on the up side the transcript will make very interesting reading, not for what was said, but, what was not and best of all not challenged.

Stay warm and safe, beware of other motorists as MB's seem to attract smaller cars like a magnet in this weather!

Robert

 

[GSM1]

Sorry to hear it did not go in your favour, I have always enjoyed reading about your battle with MB, good luck for the future

 

[television]

So sorry Robert that it did not go in your direction,, indeed the rules seem to change at any time and there is no sense in the way that some get help and others do not, and hardly a good way to run such a large company.

So they reinstated your cover without telling you, what does one do about that kind of thing, it does not add up

I get no answers now from MB from either letter or Email, but I do not care that much now

 

[robertjrt]

So they reinstated your cover without telling you, what does one do about that kind of thing, it does not add up

I was informed once I had served the Court papers on MB that my MobioLife cover had been re-instated, ( as a Goodwill gesture) but, I asked for clarification and when it came it contained a condition which, in my opinion, was impossible to comply with.

The important thing is that if in the future MB say that the MobioLife cannot be re-instated, mention my case, it can be re-instated; mine was!

My car had not had a service for three years.

I have to be careful what I post here, the Judge was reading my comments as part of MB Defence, but, then, this is a "public" forum.

 

[hawk20]

The important thing is that if in the future MB say that the MobioLife cannot be re-instated, mention my case, it can be re-instated; mine was!

My car had not had a service for three years.

.

MB do not say Mobilo cannot be reinstated. Quite the reverse in fact. If you go to the Mobilo 'sticky' in my name you will see that cars of various registration dates can reinstate Mobilo by simply having a dealer service done.

And in other cases, if circumstances warrant it, of course MB can reinstate Mobilo as a 'goodwill' gesture just as any other firm can reinstate a warranty if it wishes to do so for 'goodwill' reasons.

 

[robertjrt]

MB do not say Mobilo cannot be reinstated. Quite the reverse in fact. If you go to the Mobilo 'sticky' in my name you will see that cars of various registration dates can reinstate Mobilo by simply having a dealer service done.

And in other cases, if circumstances warrant it, of course MB can reinstate Mobilo as a 'goodwill' gesture just as any other firm can reinstate a warranty if it wishes to do so for 'goodwill' reasons.

Dear Hawk,

Thank you for the clarification. There seems to so many "posts" about Mobilo that I was quite confused to the extent that I read the Terms & Conditions!

The only comment I would make is that sometimes a "condition" imposed on the "goodwill" gift of the re-reinstatement of "something" exceeds the value of the "goodwill" gift.

If its too good to be true, it probably not!

 

[whitenemesis]

Am I correct in that something given in "goodwill" does not set a leagl precident?

 

[robertjrt]

Am I correct in that something given in "goodwill" does not set a leagl precident?

I believe it it something like; without prejudice/ no liability given or offered etc.

The law is a minefield, a very dangerous place to be in as well as being expensive as I have found out. The thing to remember is that Justice and the Law are not the same thing.

The Small Claims Court as I understood it restricted your liabilities for Costs, well, yes and no, it depends etc. etc.

Confused;you will be!

 

[Dosco]

Am I correct in that something given in "goodwill" does not set a leagl precident?

Indeed you are and it should say in any correspondence "as a matter of goodwill and without prejudice" or words to that effect - however if that approach is used by a manufacture and it is found to have been used to 'avoid accepting responsibility for something that is not of merchantable quality or has a poor reliability history or known failures etc' then the court can and do rule in favour of the claimant.

Been there and got the tee shirt - several in fact particularly when you come up against a 'Queens Counsel' who happens to be a well known political figure to boot

 

[jp williams]

Dear Readers,

I was unsuccessful today with my three Claims against Mercedes-Benz, one was "struck out" as I had not sent in the documents requires under an Order, the other two were an "abuse of the Legal process" and as a consolation prize I have a £5,700 Cost bill to pay.

Ahh well, I shall have to wait and see how my Penal Notice of Contempt of Court in a few months time progresses.

MB were not able to secure a vexatious litigant Order against me, so, its not all bad news.

It would seem that my MoboiLife was "re-instated" even thought my car had not have a service for three years, interesting;yes?

Robert,
So sorry to hear your news as I have followed your case with interest.
It appears that Mobilo was reinstated without your knowledge..if this is the case,how could you have known and was there not at least a moral obligation on MB to inform you

Beware of the Small Claims Court as it would seem that you can be left with a large Costs bill even if you think that you are not liable!

MB sent two solicitors and a Barrister and it took a days Court time, but, on the up side the transcript will make very interesting reading, not for what was said, but, what was not and best of all not challenged.

Stay warm and safe, beware of other motorists as MB's seem to attract smaller cars like a magnet in this weather!

Robert

Robert,
So sorry to hear your news as I have followed your case with interest.
It appears that Mobilo was reinstated without your knowledge..if this is the case,how could you have known and was there not at least a moral obligation on MB to inform you?

Are the European courts open to you if appropriate?
Good luck
Regards
john

 

[robertjrt]

Robert,
So sorry to hear your news as I have followed your case with interest.
It appears that Mobilo was reinstated without your knowledge..if this is the case,how could you have known and was there not at least a moral obligation on MB to inform you?

Are the European courts open to you if appropriate?
Good luck
Regards
john

MB did send me a letter informing me that the Mobilo was/has been re-instated and informing me that MB would have been please to have done so without me Issuing a Claim against them, all I needed to do was ask, silly me, after all MB have been so helpful and understanding these past four years.

I must be very careful as my posts are being read/used as evidence in Court.

The date is booked for a Penal Notice of Contempt of Court Hearing which may result in ************? Sorry, you will have to wait as I am going to have too for the outcome.

Europe, I do not think so, England is expensive enough!

 

[hawk20]

Robert,


Are the European courts open to you if appropriate?
Good luck
Regards
john

Oh no! It has long since been time to move on and live life and put this sad experience to bed.

 

[robertjrt]

Oh no! It has long since been time to move on and live life and put this sad experience to bed.

Life is full of experiences; some good, some bad, its a matter of attitude and previous experiences.

We are all individuals in a nation of individuals, otherwise we would be sheep!

Despite all that has gone before in my life I am still an optimist; Justice will prevail and my England will be restored to its former " property owning Democracy" where the "rights" of it native citizens are paramount.

"Pie in the sky you may say; The world has moved on; we are now a "global" country etc," well, nobody asked me and as far as I remember nobody voted for it; so, where does democracy end and dictatorship begin?

Multi-National Companies are not above the law, no matter how rich they are or how large an organization they are; they are yet not sovereign nations.

Perjury is a crime, as Jeffery Archer found out, nobody is above the Law not you, nor I.

I shall stand at the next general election and, with luck and a following wind enter Parliament where my experience of life, its trial and tribulations may do some good, especially in primary legislation.

Vote for Bob, you know its the right thing to do.


Discuss

 

[mb300d]

Robert, I am no expert but "abuse of the legal system" sounds like it is quite a serious charge. Does it mean that they consider that you have twisted something around to make a case that has then wasted the court's time?

If that really is the case then maybe it is time to call it a day and move on, focus on becoming an MP, otherwise this battle with MB could truly take over your life whilst on the other side of the fence [MB] it is just another "job" for some legal people who will earn some money out of you / it.

 

[hawk20]

And, of course, it's worth bearing in mind that the chance of becoming an MP -unless you are chosen to be a candidate by one of the major parties- is just about zero.

And I agree with MB300d that when the court describe someone’s case as an ‘abuse of the legal system’ –and also award quite hefty costs against them- (which I think is fairly unusual for the small claims court) then I think it looks as though the courts are saying it’s time to move on.

 

[Dosco]

Life is full of experiences; some good, some bad, its a matter of attitude and previous experiences.

We are all individuals in a nation of individuals, otherwise we would be sheep!

Vote for Bob, you know its the right thing to do.

oh so true and as a good friend quoted in an email to me yesterday "All that is required for evil to flourish is that good men do nothing." Martin Luther King, Jr. (1929 -1968)

...vote for Bob - you are not related to 'Sponge Bob Square Pants' per chance are you if so the Raving Looney party might be a good route to take

 

[*Thumper]

Bob ! ...... clam down .............. you have enough on your plate without wanting to become an MP, just so you can shaft MB up the rear.

There's is right and wrong ........... then there's the law ! ........... you've learnt that lesson at your expence surely ................. opinion is against you in the courts ...... that does'nt make you wrong ........ it just means a battle lost.

The war ?? ........... surely it's time to reflect on your actions, and expenses, and come to a conclusion, that could save your further expence, and loss of sanity ............... it does'nt mean your wrong, and MB are right ! ......... it means deep down inside, you know your gonna lose, a war that really should be won, and therefore, live a little, and let it go.

 

[Alex M Grieve]

Bob ! ...... clam down .............. you have enough on your plate without wanting to become an MP, just so you can shaft MB up the rear.

There's is right and wrong ........... then there's the law ! ........... you've learned that lesson at your expense surely ................. opinion is against you in the courts ...... that doesn't make you wrong ........ it just means a battle lost.

The war ?? ........... surely it's time to reflect on your actions, and expenses, and come to a conclusion, that could save your further expense, and loss of sanity ............... it doesn't mean your wrong, and MB are right ! ......... it means deep down inside, you know your gonna lose, a war that really should be won, and therefore, live a little, and let it go.

Very true. There comes a time to be pragmatic, even if you know you are correct.

The law and justice are not synonymous - we know that. Look at the number of wealthy people who have been acquitted as the result of representation by experts in loopholes in the law - evidence not collected correctly, sample not obtained within the defined time frame, charge not framed correctly, or not signed or dated correctly, policeman not wearing his hat when he breathalyzed someone.

These are genuine abuses of the law, and the solicitors doing it know that is the case. They do of course remonstrate on the rights of the individual, but they must also know that they are releasing drink drivers back into the community to have another go, whilst demotivating the police.

Another fine example of the disconnect came recently when the case re bank charges collapsed in the "Supreme Court". The consequence of the alternative outcome would have meant the banks dealing with millions of individual cases and repaying billions of pounds. A cynic would say that the verdict was reached because the alternative was unthinkable, and the banks (which are already in deep trouble) would have broken under the strain. In my view it was a pragmatic judgment in the Supreme Court which took a pragmatic view, in that multiple suffering by people in the street is not as visible or damaging on the national stage as the collapse of Gordon's banks.

So, the law and justice are not really synonymous. The OP may feel he has had a raw deal, and he may well have had a raw deal. But it would not be the first, and it won't be the last.

 

[television]

I watched the program on counterfeit goods last night, and I was horrified to see that through loop holes in the law, these counterfeiters could carry on selling their goods unchallenged while waiting for further court action.

Then there was the marriage of illegal immigrants to Europeans to gain entry into the UK and it was against human rights to stop it

 

[robertjrt]

Robert, I am no expert but "abuse of the legal system" sounds like it is quite a serious charge. Does it mean that they consider that you have twisted something around to make a case that has then wasted the court's time?

If that really is the case then maybe it is time to call it a day and move on, focus on becoming an MP, otherwise this battle with MB could truly take over your life whilst on the other side of the fence [MB] it is just another "job" for some legal people who will earn some money out of you / it.

1. The Law is a complicated and Byzantine labyrinth where one can be in a situation where you do something thinking its "right" only to find out it is "wrong", by that time its too late. If one reads the Small Claims Guidelines for sums under £5,000 it seems a simple process to the "ordinary" man, but, as I have indicated before, not so.

Legal advice is very, very expensive and, as I have found, sometimes contradictory.

2. I shall stand at the next elections and, as stated before, I will need lady luck and a fair wind behind me,but, its not over until the votes are counted, as an alternative I shall also stand as a local Councilor.

I do not intend to use this forum for any political discussions.

As far as "getting a life", its a matter of choice, some people enjoy fishing, football, cricket, wine women and song, me, Justice, not just because of my dispute with MB, I have alway been involved with helping others, its a fault, I know, but, I am what I am and I am too old to change now.

I will not stand by and watch animal cruelty for instance, I will address wrong where I find it.

When I was held in a secure unit under the Mental Health Act due to my treatment for my "brain (sic) tumor I was appointed Ward representative to address the appalling treatment of the venerable patients there, one patent told me that the conditions were far better in prison, it was a scandal how the place was run, but, I was able to address most issues and was on the Appointment Panel to chose a permanent "in house" Consultant.

The management of the place was incompetent and treated the patients as
if they had no rights as human beings, the arrogance was stunning!

I survived a pulmonary embolism, double pneumonia (at the same time), clinically dead, and the doctors telling my then wife "he will not survive the night", so, what have I too fear now?