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    • That's a blessed relief. They would have been withdrawn because, as I said, they have no evidence that you were driving. That comes from the responses to the requests for driver's details which you failed to send. The important thing is that the speeding charges were laid. That makes life much easier (and far more likely to see a successful outcome). You need to make your SD and serve it on the court where you were convicted. The next you should hear is by way of a "Single Justice Procedure Notice" laying the four charges against you again. You will have three options (for each charge): Plead Guilty and do not attend court Plead guilty and attend court Plead not guilty You must plead Not Guilty to all charges. In the section headed “reason for not guilty plea” you can state that you will offer to plead guilty to the speeding charging providing, and only providing, the FtP charges are dropped. This is a procedure well known to all court users (prosecutors, magistrates and their legal advisors) and is carried out up and down the land daily. I’ll refer to it as “the deal”. Before the pandemic it was necessary to attend court to undertake this deal and speak to the prosecutor (the agreement of the prosecutor is required as the court cannot accept it without that agreement).  However, during the pandemic courts aimed to reduce the numbers of people required to attend to an absolute minimum and most courts accepted a written request to do the deal. Local police prosecutors made an agreement with their courts that the magistrates’ legal advisors could accept the deal. In some areas this arrangement has carried on. In others they have reverted to the old process where attendance was required. So your offer of the “deal” with either be accepted in writing and dealt with under the Single Justice procedure or you may have to attend court. In either event it is important to emphasise that you will plead guilty to speeding only if the FtP charges are dropped.  There may be slight variations to the process depending on how the individual area works but there is no reason why this should not be successful.    
    • Yes thank you dx, my sentiments exactly.  We don't have access to his credit report to see the CCJ.  We were just told by the Estate Agency who he was trying to act as a guarantor for me.......  I can get a free one for a month I believe.  
    • I would say it's snotty letter time. You can do a search on CAG for examples of what other people have sent. Don't make it too polite. HB
    • Ok, received this letter that looks like a letter of claim but it still doesn’t sound too convincing    2024-06 BW Letter Of Claim.pdf
    • I got a hearing adjourned due to counsel getting covid. Hearing was delayed 5 months !
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1st Credit are definitely taking me to court!


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Speak of the devil. Came home to find a letter from LCS, obviously sent before they received my AQ copy:

 

Dear Sir

 

We write further to our letter of 7th July 2008.

You were provided with a copy of the agreement and statement in relation to tha above debtr. The statement shows that you have spent this money and so benefitted from the card.

 

We note the contents of your defence but our client disagrees with the points raised. Even if the original creditor did not send you a default notice a substantial part of the debt can still be claimed in arrears.

 

If this matter proceeds to trial the costs are likely to accumulate, with this in mind our client would be prepared to settle the claim on the basis of you agreeing to pay £20 each month for a period of three years. A total of £720 (for a debt of almost £8k).

 

Please call XXXNo. to discuss the proposal.

 

We look forward to hearing from you.

 

Yours faithfully

LCS

 

Sounds like they aren't keen to go to court.

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You have them worried, you now have to consider your position, you may want to come to a settlement, or you may think your case is strong enough to go thro with it, its your call. like i said they have to pay again now to carry on, they would get it back from you if you lost.

Im just pointing out the possible downside, not trying to sway you either way

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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subscribing, good luck. Very interesting they are prepared to accept £720.00 on a debt worth so very much more. Have they split the claim ?.

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I think it's obvious from the contents of LCS' latest letter that they know they'll lose in court.

 

Given that LCS aren't real solicitors anyway, I think you've made the right choice.

 

 

Just subscribing to this thread and was interested to read this.

ScarletPimpernel - what do you mean by "LCS aren't real solicitors anyway"? Their letterhead clearly seems to imply they are - I can't find them listed on the Law Society website however there is a David Barry Davies trading as LDS Solicitors.

 

I wonder what is going on here - should we tell the Law Society about this deception? I thought it was illegal to purport that you are a solicitor when you aren't.

 

Regards SS

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I'm in Scotland so i don't know if this is of any help, but I was due to go to court tomorrow, and have just telephoned court to check what time to attend, and was told that 1st credit lodged a minute stating that if i submitted a defence, the case was to be dismissed. Chancers are all this lot are. Good Luck!

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subscribing, good luck. Very interesting they are prepared to accept £720.00 on a debt worth so very much more. Have they split the claim ?.

 

Nope. Nothing to indicate that, just an offer based on £20 a month for 3 years, debt cleared.

 

It suggests they paid absolute peanuts for the debt, and MBNA don't really want to know now they've got shut of it. Makes you wonder if it's even worth their while coming all the way to Yorkshire and paying fees on such a weak case, given what little they must have shelled out for it in the first place. They're like gamblers, placing a stake on a hoped-for outcome. Unfortunately, they probably win most of their bets, long before it gets anywhere near court.

Edited by Yog sothoth
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I'm in Scotland so i don't know if this is of any help, but I was due to go to court tomorrow, and have just telephoned court to check what time to attend, and was told that 1st credit lodged a minute stating that if i submitted a defence, the case was to be dismissed. Chancers are all this lot are. Good Luck!

 

Hmmm, interesting. Well, if they haven't submitted their AQ by Monday, the claim is struck out. Not heard anything so far.

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Nope. Nothing to indicate that, just an offer based on £20 a month for 3 years, debt cleared.

 

It suggests they paid absolute peanuts for the debt, and MBNA don't really want to know now they've got shut of it. Makes you wonder if it's even worth their while coming all the way to Yorkshire and paying fees on such a weak case, given what little they must have shelled out for it in the first place. They're like gamblers, placing a stake on a hoped-for outcome. Unfortunately, they probably win most of their bets, long before it gets anywhere near court.

 

Yes you've got their number, that's exactly what they do.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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It's D-Day today. If my mates at LCS/1st Crapit didn't get their AQ etc in to the court by now, the case is struck out.

 

Incidentally, what's the significance of that? I realise it means it's taken off the court's records but can they subsequently file a new claim?

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As i understand it they cant do anything if its struck out, however the court could stay it instead, then you would have to apply to the court to have it struck out, costs you £75, but lets wait and see what happens.

If you are impatient you could phone the court at 1601 today to ask if they have filed i suppose.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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subscribing- hope you are successful.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

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