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    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the xx/xx/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the xx/xx/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, xx/xx/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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Go Safe made an error on my dates


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Sorry for going in to so much detail but I think it is relevant.

 

I tried several times without success to book myself on a speed awareness course. A message stated that as my course was to be taken very soon I needed to ring them.

 

I tried to ring them several times but as I work during the day and the waiting time was so long I had to give up. I did finally get through to them only to be told that yes I was too late to go on a course. I was told to ring Go Safe, who have the responsibility for issuing NIPs and offering Speed Awareness Courses.

 

I finally got through to Go safe and explained my situation. I was told that everything was fine and they could see no reason why I was not able to take a course. After double checking again I was assured that I should be able to get on a course if I ring them again.

 

As I was about to end the call the lady at Go Safe said just let me check one last thing. I was then told that an error had been made and they had my final date to take the course down as 31/07/2018 and not 31/08/2018 and I only had 2 hours left to get on a course that had to be taken before 31/08/2018.

 

I finally got myself onto a course in Telford 122 miles from my house as it was the only course available before 31/08/2018.

 

I then recieved an email to say forget the 2 hours just do a course before the 31/08/2018 and the matter is closed. This is Go Safe sort of admitting responsibility for the error.

 

My question is: Where do I stand on claiming travel for a 240 miles round trip for a course I could have taken a mile away from my house. Should I request an extension to allow me to go a a course nearer to home as the courses are done by the same people?

 

Thanks in advance

Edited by Dik Turpin
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Of course you have a less expensive alternative and that is to accept a Fixed Penalty (£100 and three points).

 

You have no absolute right to a course, or a Fixed Penalty for that matter. They are concessions which may or may not be offered (or accepted). If you don't like the conditions under which you must accept it then simply turn down the offer.

 

Whatever you decide to do you need to do it quickly. In the same way as there is a deadline to accept and do a course there is a similar deadline (usually four months from the date of the offence) to accept a Fixed Penalty). Dither beyond that and the offers will be withdrawn and you will face court action.

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Thanks for your comments.

 

I'm booked on a course but because of the error my only option was 120 miles away. I was informed at 8am this morning that I had just 2 hours to get myself booked on a course and this was the only course available at the time. I was then informed by email that because of their mistake they had waived the 2 hours and I had as long as I needed to book a course but it had to be completed by 31st August.

 

I fully understand that I can take the fine and points. I'm not disputing that!

 

I also have as much right to a course as anybody else in the same situation and surely there would be strict guidelines about abrogating any offers.

 

I'm just looking for advice on what other options I may or may not have.

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I also have as much right to a course as anybody else in the same situation and surely there would be strict guidelines about abrogating any offers.

 

And they offered one and you took it.

 

Doesn't matter where it was. You were offered one.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I also have as much right to a course as anybody else in the same situation...

That is to say, none whatsoever. Nobody has any right to be offered a course, whatever the circumstances, and there is no appeal against not being offered one. It is entirely at the discretion of the police (or camera partnership, as appropriate).

 

I appreciate you are seeking options. You have two: take up the offer as you have booked (for it seems you will not be able to do a course otherwise) or turn it down and face either a Fixed Penalty of court action. There is absolutely no chance of you being paid travelling expenses to attend the course. I doubt the course providers even have a mechanism to make such payments.

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I wasn't offered anything all courses in my area were fully booked before the 31st August

 

I was initially informed that I had only 2 hours to book myself on to a course, so I asked what courses were available in other areas. Telford was my only option.

 

Had go safe not made an error with the dates, I would have been able to book myself onto a local course a couple of weeks ago.

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Doesnt matter.

They can offer you one anywhere they want at their discretion.

They can easily revoke it too and say sorry, no course.

3 points and 100 quid thanks.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Yes, renegadeimp is absolutely correct.

 

It's unfortunate that errors were made but that's tough.

You don't have any rights in this matter at all.

 

The critical point is that once it gets beyond four months you will not be offered anything at all because enough time has to remain to either get the course booked and completed or get the Fixed Penalty accepted and complied with.

 

They cannot begin court action whilst those offers are outstanding.

They have to be withdrawn and court proceedings begun before six months from the date of the offence.

Once again, your claim for expenses will be refused.

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