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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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No Insurance and car seized


tigeress289
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Every now and then we like to do a big shop for bulky items like toilet rolls and kitchen roll, it was summer so bottled water and diet coke cans as the boys drink quite a lot. Everything fitted into the back of the mini cab we had to take home.

 

I have had far bigger shops in Sainsburys and Morrisons.

I have no problem going court but would like to see what was said as the officer assumed without asking which cash and carry or looking at receipt. I just felt I was being picked on and he was looking for something to do me with.

 

This has got worse since then as I am finding the people who are legal and abide by our laws are being targeted for the slightest infringement.

 

I just paid a £65 fine for having the rear of my car in a yellow box junction on green lanes junction with St Anne's road for 13 seconds.

 

I never knew it was there until I double checked.

So if I am in the wrong I admit it.

This abuse of power in making me defend myself in a court that is bias towards police is wrong.

 

One other question please, if found guilty , can I appeal and how far can I go.

 

Thank you all for time and help.

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I have no problem going court but would like to see what was said as the officer assumed without asking which cash and carry or looking at receipt. I just felt I was being picked on and he was looking for something to do me with.

 

.....

 

This abuse of power in making me defend myself in a court that is bias towards police is wrong.

 

One other question please, if found guilty , can I appeal and how far can I go. Thank you all for time and help.

 

You must have an idea of what was said : you were there.

 

The court won’t be interested (at least initially) on if you might have felt you were being picked on. If the police pass a file to the CPS, the CPS prosecute, and it goes to court, the Magistrates will seek an answer to “is the defendant guilty of the offence charged?”.

They might later (considering mitigation rather than defence) consider if you were “picked on”, but when were you “picked on”?

 

If the initial facts suggested you weren’t insured, then you’ll find it hard to show the officer wasn’t acting within the law for the initial stop (if others were also being randomly stopped), and then all the officer need do is explain why they had reasonable belief you were driving in the course of business as to why they felt you were uninsured.

 

Then the court can decide.

Since it hasn’t gone to court, how come you already believe the court is biased?

 

Of course you can appeal. You can appeal judgement, sentence, or both. It would be to the Crown Court and expensive.

What are your grounds of appeal? If you don’t yet know, why not

a) see what the evidence against you is, by going to court

b) see what the court finds, and

c) take legal advice : if not before Court, certainly after if considering a Crown Court appeal. Legal advice before court might also be “take the FPN offer”, but it is then up to you if you want your “day in court, on principle”. Principles can be expensive, though .....

 

How far might you appeal it?

On the basis of ‘case stated’ or ‘point of law’ : to the Crown Court

 

After that, any appeal must be on the basis of ‘point of law’ : and all the way to the Supreme Court if you get permission from the lower court and / or the higher court decides there is a point of law to be decided.

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This what I was thinking. Also my Cotsco card is not a business/trade one, is yours? I fear if you have used your brother's and it's a trade one then you will have an issue .

 

I note you are, or I get the impression that you are, intimate that the Officer was biased because of race.

If you believe this have you made a formal complaint? If not you should because of you rely on this in court they will all why you haven't done so.

 

Also you should provide an history of your Costco purchases to show that you are not buying for trade.

However that's going to be another issue if it's not your card I suppose.

 

I continue to be amazed that the Police have taken such a hard line based on the fact that you have been to Costco.

 

I've made a couple of assumtions when writing the above, forgive me if they are not correct.

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Apologies,I have no idea where I got Costco from, I see it was a cash and carry that does not require membership, so I suppose it will only be possible to provide your shopping history by bank statement if you paid by card.

 

I wish you well.

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thread tidied please refrain from using reply with quote as this makes the thread twice as long

 

23 quotes of previous post when answering removed.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you, I do have an idea of what I said but fail to see how the officer could state I was not insured.

 

I have always had insurance as is the same with my brother. As for the attitude, I could have told him I owned Tesco's as I couldn't believe I was going to have my brothers car seized.

 

On the appeal front, I have never trusted the law. Many years ago I was taken to court for speeding on Tottenham Court road. I had watched the police car drive by me as I was sitting at lights at the beginning of it. Further up I passed the police car on the inside as the traffic was slower where the police car was.

 

This went through 3 different courts before I gave up but my best quote to the Judge in the final court was.

 

On my first appearance I was a normal driver, on the second appearance I was Stirling Moss and on the third I was Evil Kenevil. I had proved I was not speeding and pointless carrying on. It was a joke.

 

 

And for me years later I am getting the same thing again. The frightening part is most seem to thing its OK for the police to act in this way.

 

 

One friend changed their insurance to business as they often use a step ladder to change bulbs round their old mums house. £15 a month cheaper, result.

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Something not quite right here.

 

What do you do for a living?

What does the owner of the vehicle do for a living?

What vehicle was it, car, estate or van?

The OP I believe is a Builder

2 That has nothing to with anything

3Toyota Hybrid 6 seater.

 

 

The only thing here I could make out is that this may not be a business cover issue but rather a Vehicle type Issue that the OP is facing. The OP may not have covered due to the engine size limitations or Vehicle type limitations set out in his DOC cover terms and conditions. Its becoming increasingly common to set a 1.8 engine capacity limit, with Chassis type Limitation excluding 4x4's Suv's MPV's etc and COVER LIMITATION as in Third party ONLY no business no commute your screwed, Check your terms and cons of your DOC booklet.

 

 

But if your Insurer is going to state in a letter your covered, Business and all, then You need to set up a meeting with the inspector at the station where the officer is based, if your a business you would have a business account to purchase things with, If you paid by card on a personal account that is evidence of a personal transaction and not a business one and show this to the inspector too.

 

 

Subject access request the footage from his camera this can take a month to come through mind!, There are policies in place that if he wasn't 100% sure you were insured or it was disputed as there is a insurance in place and the level of cover is disputed and he cant speak to the insurer he should have provided a HORT1 or producer but not all forces will go by that.

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Point 2 has everything to do with it.

Do they own a business or do trips to and from a cash and carry as part of there work?

From what I can gather they both DONT own a business together, they aren't members of the Cash and Carry and OP has stated the Cash and Carry allows members of the public to shop there without membership. OP does a bulk shop at Cash and Carry for personal use not business.

 

 

The level of cover the OP's brother has is ofcourse irrelevant as its cover for the person on the policy entitled to drive that car. If OP's policy excludes the use of DOC for business on his policy or excludes the class of vehicle,engine,chassis type that his brothers car is that he was using, the OP is in a bit of a spot.

 

 

As we have gathered, the OP states that both he has business policy as it worked out cheaper to have this cover the question is did his DOC cover his use of his brothers car or the alleged offence of business use?

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paid by my personal debit card in my name. If I paid cash the invoice is cash no name.

 

The stop was one of them random pull over a couple of cars at a time.

 

 

One thing I forgot to add, on the conditional offer notice it states,

 

On the 16/06/2018 at 14:05 hours. I had already phoned my brother to tell him the officer has mentioned business. Having checked I have just seen my brother amended his insurance to add business at 14.15 hours. Could I have stopped them seizing the car then if he had told me..

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Take your brother insurance out of it for now.

 

 

Unless your a named driver to which you are not I assume, it has no relevance to your case, The fact remains in proving your not a trader or using the vehicle for business purposes.

 

 

So... You used a debit card that has a transaction code on the receipt related to your personal bank account, if its a personal account like you say, then the bank statement that shows the transaction proves it wasn't purchased with a business account so there lies your evidence to prove "reasonable doubt", it is reasonable to assume that if your a business you have a business account and make business purchases with because business tax and balancing the books right!

 

 

I will assume you have no LTD business in your name or an employee of that shows on companies house either right secretary manager director etc! evidence again of reasonable doubt, its all circumstantial evidence of course but its evidence all the same.

 

 

BUT you could ALSO find that the DOC extension you were using MAY not have covered you ANYWAY, If your brother is Leasing his car or in some way shape or form renting it, it will not be covered, you will not be insured if your under 25, DOC only covers thirdparty so if you smash it up its your brothers paper weight but not relevant, What limitations are imposed on you motor certificate in the DOC part? what restrictions are in place?

 

 

Again take your brothers cover level out of it, its for him and not you, But I do suspect that a car conversation when you got pulled was "I'm not covered, my bro's car is going to towed, ring him and tell him to insure it now so they can take it" this failed though didn't it?

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Someone mentioned a van.

Was this a van or a car?

I believe op said it was a 6/7 seater hybrid. Prius plus type car that if you fold down the seats it turns into a van pretty much, ive got sportage suv and you could fit 2 monthly shop in a poundworld in.

Edited by DarkAtmosphere
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Hi, my brother car is a Toyota hybrid 6 seater.

He changed his insurance to business to try and stop getting his car towed away.

Technically it was still covered by his own insurance once the items were removed,

adding business cost him £37 extra to save £150 seizing and the time to go and get it.

 

He is a pen pusher and he never took the insurance out 10 mins after I was stopped, it was longer but that is the time on the offer notice. However, I did not know that at the time and would have argued for them not to have seized the car.

 

I phoned him after the officer said I was not insured on his policy, which I was but when you have an officer talking down to you, there is very little you can do as my wife was with me at the time. We were shopping on a Saturday.

 

As for insurance we both have fully comp and each allows us to drive another's car.

I am not a named driver on his policy as he is not on mine.

 

My purchase was not a business buy and I do not have a company or employ people.

I use my car for social and to and from work, where ever that may be.

My insurance states self employed builder and its a car, not a van.

 

I am going to pass this over to the solicitors and see what they can do as I feel as a member of the public, the odds of getting anywhere other than the court are stacked against me with the police.

I may as well employ them now.

Edited by dx100uk
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I think that if you manage to speak or write to the right person this will be withdrawn.

The cps would have hard time proving you were acting as a business from what you described.

Have you tried contacting the chief constable?

Otherwise, is there a contact address or email in the letter you received?

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