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    • Know it has already been answered, but? Does not explain why JCI has registered a different default date when they get the information from the original creditor, Virgin
    • Since you were stopped at the time there is no requirement for the police give you anything there and then or to send you anything before they have decided how to deal with the offence.  They have three choices: Offer you a course Offer you a fixed penalty (£100 and three points) Prosecute you in court  The only option that has a formal time limit is (3). They must begin court proceedings within six months of the date of the alleged offence. Options (1) and (2) have no time limit but since the only alternative the police have if you decline those offers is (3) they will not usually offer a course beyond three months from the date of the offence and will not usually offer a fixed penalty beyond four months from that date. This is so as to allow time for the driver to accept and comply with their offer and to give them the time to go to option (3) if he declines or ignores it.  Unless there is a good reason to do otherwise, the action they take will usually be in accordance with the National Police Chiefs' Council's guidance on speeding enforcement. In a 40mph limit this is as follows Up to 45mph - no action. Between 46mph and 53mph - offer a course Between 54mph and 65mph - offer a fixed penalty Over 65mph - prosecution in court So you can see that 54mph should see you offered a fixed penalty. Three weeks is not overly long for a fixed penalty offer to arrive. As well as that, there has been Easter in that period which will have slowed things down a bit. However, I would suggest that if it gets to about two months from the offence date and you have still heard nohing, I would contact the ticket office for the area where you were stopped to see if anything has been sent to you. Of course this raises the danger that you might be "stirring the hornets' nest". But in all honesty, if the police have decided to take no action, you jogging their memory should not really influence them. The bigger danger, IMHO, is that your fixed penalty offer may have been sent but lost and if you do not respond it will lapse. This will see the police revert to option (3) above. Whilst there is a mechanism in these circumstances  to persuade the court to sentence you at the fixed penalty level (rather than in accordance with the normal guidelines which will see a harsher penalty), it relies on them believing you when you say you did not received an offer. In any case it is aggravation you could well do without so for the sake of a phone call, I'd enquire if it was me.  I think I've answered all your questions but if I can help further just let me know. Just a tip - if you are offered a fixed penalty be sure to submit your driving licence details as instructed. I've seen lots of instances where a driver has not done this. There will be no reminder and no second chance; your £100 will be refunded and the police will prosecute you through the courts.
    • Looks similar to you original email to their Complaints team. I dont rate copypasta for a CEO complaint. Rewrite it with emotion involved as to how badly this is affecting you and make them feel embarrassed for their actions... 
    • Well, not quite the trouncing they deserve, and Andy Street suffering - despite distancing himself from the poops and being a good mayor (and despite the rather ridiculous muslim voter labour boycott across regions - did they really want the tories to stay in power?) - But not bad at all The Reformatory goons managed two council seats didn't it - out of over 300 they tried for ..     
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what if the CCa is present and correct ?


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Thanks everyone for answering and helping out.

 

Well all letters are printed out and in envelopes waiting for a the postal orders to be purchased tommorrow and then sent on their merry way.

 

So if im right in thinking - if i send them tomorrow the cut off date of 12 + 2 days is the 30th November.

 

It's 12 working days from when they receive it I think

 

after tha date if i have NOT recieved the CCA i can cease payment to the dca legally and with no rights of reply by them ?

 

After 12 days they enter a default situation and are unable to enforce until they remedy so yes you can withold payments

 

and then if i still have no CCA after a further 30 days ( making it the 30th december - should i allow longer for xmas bank holidays ?) I can shoot off complaints to trading standards etc

 

It's effectively 42 days from whence they recieve it, ie 12+30 = 42. If still no reply by then yes contact your local trading standards

 

Do i have the correct time line and procedure ?

 

What happens if they send a CCA after the 12+ 2 days but before th 30 days is up ?

 

The thing to remember is that not only must they send a response but they must provide an agreeement that is legally enforcable, ie as a bare minimum it must be legible, signed by you and contain ALL prescribed terms. if they send an agreemeent it would be useful if you could post it up here blotting out any personal details first

 

The ONLY slight worry i have now is regardiing the two debts for CL Finance which are held by Howard Cohen and Co solicitors - These both have CCj's on them and im still unsure of the implications of asking for CCa's with these.

 

you can still send a CCA request post judgement of a CCJ as long as they are not satisfied, ie they still claim you owe them money

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Thanks Shane,

 

Yep what ever i get back i will post up images of for the scrutiny of you guys.

LLoyds TSB - 17/10/06 - Preliminary aproach for repayment letter posted

26/10/06 - Bogoff letter recieved

30/10/06 - LBA sent

NatWest - 17/10/06 - Preliminary aproach for repayment letter posted

20/10/06 - Sod off letter recieved from Natwest

30/10/06 - LBA sent

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no prb dave and your welcome PT, just saw your post:)

 

With regard to CCJ's the creditor is still legally required to adhere to a s77-79 CCA request however as judgement has been granted you can't follow the same principles of witholding payment after 12 working days, you can definitely complain to the OFT/TS if they do not comply though

 

regards,

shane

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