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    • I've just acknowledged the claim and im reading up on how to do the cca and cpr requests now.   Thanks for all your help         Edit:   I was jus reading the cpr 13 template and it says i am requesting: " 1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.   2: Notice of Assignment*   3: The Default Notice*   4: The Termination Notice*(if applicable for loans/HP/)   5: Statement of Account*   6: [any other documents mentioned in the Particulars of Claim]* "       What should i be deleting as could number 4 be classed as a loan because its a credit card?
    • Hi dx   Post 23 letter has been hidden as has a name in it. I did read the thread and in post 7 saw mention of 'must complain within 3 years of being aware it was mis-sold' if this is what you are referring to? Also my policy is live currently.   I think you know this, but it seems the RBS/Halifax agent doesnt know, that 'I became aware it was mis-sold just before I raised my claim (2019) having read a media article'  as I dont think the PPi team showed them the original claim form maybe, who knows.   Expanding, sorry I missed the word PPi after 'loan' in my post you quoted and highlighted. To be clear, the life protector was not for a loan, but a mortgage, and that mortgage did have a mis-sold PPi on it which they have admitted and refunded.   If it helps, I have several mortgage offers here from 1999 and they say 'Minimum life cover to be assigned to the bank'    The odd thing here is, I started the mortgage and PPi in 1999 but it was 2003 this life assurance started. I do categorically recall being told it was something I had to have though.   Many thanks   E 
    • MP's are good for other things but for some reason are not very good for Council Tax.
    • I've just acknowledged the claim and im reading up on how to do the cca and cpr requests now.   Thanks for all your help  
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
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      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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i use the same route home from work every day, and have done for the past fifteen years.

 

i am of course very aware of where cameras are on my journey.

 

so, you can imagine my surprise when i received a notice of prosecution

for travelling at 39mph on a 30mph road.

i accepted that i must have been miles away (in my mind) and agreed that i was the driver and waited for the fixed penalty notice to arrive.

 

went on holiday and returned on tuesday, and sure enough there was a letter offering me the option of paying £60 with 3 penalty points, or £95 and attend a speed awareness course with no penalty points.

 

to my amazement, there was amongst the rest of my mail, another notice of prosecution, dated 6 days later from the 1st. this time for doing 40mph at the same spot!

 

im sure those of you who have been caught in these cameras, will remember the feeling when you spot the flash in your rear view mirror, or you've seen someone else get caught. your gutted, but accept the consequences. the flash is really bright even in daylight.

 

i can honestly say that on niether occasion did i see a flash to indicate i had been 'captured'.

 

my licence has been clean for the past 25 years (which i was quite proud of) so, ok, now i'm going to end up with 3 points, no big deal, i dont think it will affect my insurance, as most companys dont take into consideration a 3 point penalty.

 

i've written to the appropriate office asking for copys of the photographic evidence, plus a copy of the certificate of callibration of the specific camera, although i am aware that they are not obliged to furbish me with the latter. they only have to produce this item if i plead not guilty and go to court. (as i understand).

 

has anyone else ever experianced a similar situation, and contested the validity of the camera?

 

does anyone know how long a callibration certificate is valid for?

 

the £155 is going to hurt of course, but not as much as the thought that i could have been so stupid to get caught twice in 6 days at the same place!

 

bartymuv.

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6 points not 3. probably an LTI. if you asked for "evidence" instead of a photo to "help identify the driver" then they will probably just shut the door on you.

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hi lamma,

 

no, it will only be 3 points as i have the option of the £95 plus the speeding awareness course on the 1st offence.

 

i dont get the option for any subsequent speeding fines for the next 3 years.

 

barty.

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6 points not 3. probably an LTI. if you asked for "evidence" instead of a photo to "help identify the driver" then they will probably just shut the door on you.

 

It's how you word it. Ask them for a photo to help you identify the driver and it is common for them to send one out. But if you ask for evidence of the offence then they will say that evidence will not be served (as required under the Criminal Procedures Investigations Act 1996) until a not guilty plea has been entered.

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make sure you get it ! they have numbers to match and it has been known for these offers to evaporate...

and hope they don't spot the 2nd offense and withdraw the offer.

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hi lamma,

 

oh dear, i think i may have shot myself in the foot then as i made my request for photo copys for both offences in the same letter quoting both reference numbers.

 

if what you suspect happens, then i will be really gutted!

 

i'll let you know.

 

barty.

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well,

 

got the photos for each offence yesterday, but no callibration certificate!

 

niether photo reveals who the driver is (ive already admitted that i was, on both occasions).

 

cant help wondering if i could have got away with no points on my licence if i had said my wife was the driver of the car on the 2nd occasion, thus giving us both the option to pay £95 to attend the speeding awareness course?

 

oh well, too late now i guess.

 

barty.

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well,

 

got the photos for each offence yesterday, but no callibration certificate!

 

niether photo reveals who the driver is (ive already admitted that i was, on both occasions).

 

cant help wondering if i could have got away with no points on my licence if i had said my wife was the driver of the car on the 2nd occasion, thus giving us both the option to pay £95 to attend the speeding awareness course?

 

oh well, too late now i guess.

 

barty.

 

 

 

Ha Ha......assuming of course your wife would have been happy with that....tut tut.....a lesson learned-no need for speed awareness course if you remember the cameras are there in the first place.

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got the photos for each offence yesterday, but no callibration certificate!

 

You are not entitled to the evidence (like the calibration certificate) until you have entered a plea of not guilty at court.

 

cant help wondering if i could have got away with no points on my licence if i had said my wife was the driver of the car on the 2nd occasion, thus giving us both the option to pay £95 to attend the speeding awareness course?
Yes you could have done but there is no guarantee of being offered the course in place of FPN/points.

 

However, this is known as perverting the course of justice and if found out would result in both of you spending time in separate jails.

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well, their not hanging about!

 

got my invitation to the speed awareness course today, so at least i'll only end up with 3 points on my licence.

 

pat, that doesn't sound like too bad an idea to me! me in one venue and her indoors in another! lol.

 

barty.

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ok, just to close this,

 

today i posted off my £60 for the second traffic violation.

 

but, im going to ask them to up the wattage in their flash units so that at least i'll know when i've had my photo taken!

 

barty.

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