Wednesday, 21 March 2012

RTA vs Guy Davies / Trading Standards

RTA vs Guy Davies

Guy has forwarded an email from the High Court in London which states that his appeal is awaiting allocation to a Lord/Lady Justice and that this will take 4-5 weeks.

For those of you who are relying (whether in full or in part) on the consumer argument, this is an important case to follow.

All cases relying on the consumer argument have been stayed since the January appeal case.  If you think your case should be stayed then please write to RTA in the first instance and ask them to agree to the stay.  Our members have so far been unable to get RTA to agree to stay a case.  If this happens in your case then you will need to apply to the court.

It makes no sense to carry these cases all the way to a hearing just for them to be stayed at that stage.

If you need assistance in drafting letters, please let us know.

The £7,000 costs awarded to RTA at the appeal are to be appealed through the new High Court appeal case and Judge MacKenzie at Worcester has provided some notation from the CPR which will help with this.

In addition, Guy will also be attempting to recover those costs through his Small Claims case.  Correspondence suggests that RTA were not at first aware of the implications of the fraudulent misrepresentation argument but will now withdraw the case rather than answer that claim.  We'll keep you posted on this.

Thankyou to those of you who have forwarded your letters where RTA claim that Guy only owed them £500.  As most of you know, RTA were claiming more than £2,000.

Trading Standards

A number of you have received correspondence from RTA where they claim that Staffordshire Trading Standards are investigating CEBTA.

This is not true.

RTA made a complaint to Trading Standards but no action was taken.

Although it is unclear exactly what the complaint was, it appears that RTA are unhappy that you make donations to the Group.

On 13th March 2012, Dawn made Mr O'Reilly (of RTA) aware that no investigation was taking place.

On 19th March 2012 Staffordshire Trading Standards formally confirmed that no investigation was taking place.

If any of you receive correspondence after the 19th March which makes this claim then please pass your letter to us and a formal complaint will be made to Trading Standards.

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