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    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
    • Quotes of the day penny mordaunt came out swinging with her broadsword, and promptly decapitated sunak while Nigel Farage, representing Reform UK, made contentious claims about immigration policies, which were swiftly fact-checked during the debate.   Good question though raised at labour about the 2 child benefit cap, which I broadly agree with, but the tory 'trap' assumes tory thinking - rather than child centric thinking. There should be no incentives to have kids as a financial way of life paid for by everyone else ... ... BUT the kids should not be made to suffer for the decisions of their parents Free school meals would feed the kids, improve their ability to learn, and incentivise them to go to school. As an added benefit ... it would invest in our nations future.   How far this should go is a matter for costing, social intent and future path of the nation, but not feeding our nations kids is an abomination. There should be at least one free school meal per day for every child who attends school. Full Stop. Its the cheapest and most effective investment in our future we could make.
    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
    • cause like you said in post one, 99% of people think these are FINES (it now reads charge). and wet themselves and cough up. they are not, they are speculative invoices because the driver supposedly broke some imaginary contract by driving onto privately owned land which said owner may or may not have signed some 99% fake contract with a private parking co years ago, thats already expired or has not been renewed or annually paid to employ them dx  
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Paypal - Chargeback


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Great letter - just a couple of things, because of the time duration of the transaction taking place, as previously stated, I dont know where the receipt for the delivery is - it was not something I kept to hand as its such a long time since the transaction......the fact the item was delivered as a signed for recorded item, it should still be covered as the postal delivery depot will have the proof it was signed for?. and also as previously stated - my paypal account was at zero prior to paypal taking the money out of the account thus making it a negative balance, so realistically, that money was never mine, and its a case of paypal just writing off the transaction?

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Great letter - just a couple of things, because of the time duration of the transaction taking place, as previously stated, I dont know where the receipt for the delivery is - it was not something I kept to hand as its such a long time since the transaction......the fact the item was delivered as a signed for recorded item, it should still be covered as the postal delivery depot will have the proof it was signed for?. and also as previously stated - my paypal account was at zero prior to paypal taking the money out of the account thus making it a negative balance, so realistically, that money was never mine, and its a case of paypal just writing off the transaction?

 

As with regards to the latter, so amend the letter as you see fit, repost it here and I will proof it for you.

 

As with regards to the loss of the recorded delivery slip. Big problem. You can try to get away without sending it with but you must always keep these things. If they demand to see it then you can stutter and say it's so long ago, you've misplaced it, but that might ruin your case. I say might because I don't know 100% - I've never dealt with that problem before.

 

Four months is not a long time ago. Consider that Paypal have 8 weeks = 2 months to respond to your letter, and then the Financial Ombudsman Service have a maximum of 7 months to complete your case, but from experience it could easily take 3 months till allocation - so if Paypal don't settle as soon as it is referred to the FOS - which is also a possibility - realistically speaking you are looking at 6 months till you get your dough back - so 4 months is definitely not a long time. Sorry mate.

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This chargeback problem is sadly very common.

One thing that gets me is that eBay and PayPal are the same company and yet, chargebacks can happen even after both parties in the transaction have left positive feedback for each other!

That system needs to be fixed.

 

scottfrazer, I'm afraid without a delivery slip or tracking number, PayPal will refuse to help you.

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This chargeback problem is sadly very common.

One thing that gets me is that eBay and PayPal are the same company and yet, chargebacks can happen even after both parties in the transaction have left positive feedback for each other!

That system needs to be fixed.

 

scottfrazer, I'm afraid without a delivery slip or tracking number, PayPal will refuse to help you.

 

the_grey_squirrel: Paypal won't help the OP anyway. They never do make a refund or cancellation of the charge till it goes to the FOS. The question is whether they or the FOS will ask for it, and quite often these things get overlooked, so it is worth a shot though I agree the chances of success are significantly reduced due to the missing slip.

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Yeah thats the concern, although I have got hold of the delivery depot of where the item would have been sent to, so maybe its worth asking them to confirm the signiture and name that was written upon receipt of the delivery?

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Yeah thats the concern, although I have got hold of the delivery depot of where the item would have been sent to, so maybe its worth asking them to confirm the signiture and name that was written upon receipt of the delivery?

 

Do you have the tracking number? If yes, that should be enough, you can get confirmation online from http://www.royalmail.com.

 

If you don't have the tracking number then you can call Royal Mail headquarters and speak to the chairman - Adam Crozier - but it won't help one bit!

 

From your posts it wasn't clear whether you have the tracking number, only that you don't have the slip. If you have the tracking number then the missing slip doesn't matter, but if you don't even have the tracking number then, sorry mate.

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The item was sent by 48 Hour signed for delivery - all I ever got given by the post office was a receipt which had the value of the postage, and I cant remember if it had a tracking number on it or not as I had never sent anything like this before. I have filled the details in that draft letter, so thanks for that.

 

Logically speaking though, the fact that the item HAD to be signed for, Royal Mail would have that logged???? IF they did, that would be the proof that he received the item.

 

I feel really lousy that I cant find this receipt, ive tipped the house and its no where to be seen.

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The item was sent by 48 Hour signed for delivery - all I ever got given by the post office was a receipt which had the value of the postage, and I cant remember if it had a tracking number on it or not as I had never sent anything like this before. I have filled the details in that draft letter, so thanks for that.

 

Logically speaking though, the fact that the item HAD to be signed for, Royal Mail would have that logged???? IF they did, that would be the proof that he received the item.

 

I feel really lousy that I cant find this receipt, ive tipped the house and its no where to be seen.

 

The receipt should have also had a tracking number - for recorded delivery that will have begun with 'ZV' and ended 'GB' - and without it you can't track it.

 

Royal Mail send millions of items. They are not going to track things by address - especially recorded delivery, which isn't tracked except when it arrives, but not during the process.

 

They would have it logged but against a tracking number, and if you don't have the tracking number, sorry.

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  • 4 weeks later...

Just one thing.....if my Paypal account was "unverified", and the con merchants account was "unverified", how can they differenciate between the two of us? Also thinking back as well, if any items we undelivered, they would have been sent back to the royal mail depot or to me - and as a signature was involved with the delivery of the item , surely this would prove that I sent the item out of good will - along with witnesses in the post office, and cctv footage too of me posting the item. Or am i being nieve for thinking all this?

 

I forgot all about this issue to be fair, and only got reminded when I got this email from Poopal.......

 

Dear scott frazer,

 

PayPal has made a transfer between the balances in your account for the following reason:

 

Our policy of converting all negative balances to E after 4 days

 

The following transfers were made:

 

Negative balance :

-195.00 GBP

Covered From : 247.42 EUR (1 Euro = 0.788142 British Pounds)

 

What the hell is all that about???????

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Just one thing.....if my Paypal account was "unverified", and the con merchants account was "unverified", how can they differenciate between the two of us?

Paypal are unexplainable. I think that by now you will have figured at least this out!

 

Also thinking back as well, if any items we undelivered, they would have been sent back to the royal mail depot or to me - and as a signature was involved with the delivery of the item , surely this would prove that I sent the item out of good will - along with witnesses in the post office, and cctv footage too of me posting the item. Or am i being nieve for thinking all this?

I'm not sure I grasp what you are trying to say here. If you don't have proof of sending it - and they claim didn't - you wouldn't have it returned to sender.

 

I forgot all about this issue to be fair, and only got reminded when I got this email from Poopal.......

They have that habit of being annoying when you've put them behind you.

 

Dear scott frazer,

 

PayPal has made a transfer between the balances in your account for the following reason:

 

Our policy of converting all negative balances to E after 4 days

 

The following transfers were made:

 

Negative balance :

-195.00 GBP

Covered From : 247.42 EUR (1 Euro = 0.788142 British Pounds)

 

What the hell is all that about???????

Basically, as the contract between you and Paypal is between you and Paypal in Liechtenstein - I believe - when the money is not paid by you after a certain period they will convert it to Euro's. They used to convert it to US$.

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  • 3 months later...

hey folks - just to let you all know, I complained through the financial osbundsman service, and paypal finally investigated - and as a result, paypal have reimbursed my account as a "good will" gesture, but still say im in the wrong !!!

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hey folks - just to let you all know, I complained through the financial osbundsman service, and paypal finally investigated - and as a result, paypal have reimbursed my account as a "good will" gesture, but still say im in the wrong !!!

Which is what always happens when it goes to the FOS, in my experience.

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I had a problem with paypal, and for the last two years I've owed them exactly 0.53 GBP. They stated that they wouldn't let me pay using mine or anyone else's card and that I had to send the funds BY CHEQUE to the Paypal office in America. So I've just left it and opened up another account on a different card! Screw you Paypal!

http://loantime.co.uk/ - My blog about uni and news etc.

 

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Trouble is they take a while, but eventually they suspend your new account because it has similarities with an account that has a dispute, namely your account with the 53p!!!

PlumberJon :-D

 

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Are you being harrassed by a DCA or Brighthouse. Click the link for OFT Debt collection guidelines. Chances are, they could be in breach of some part of sections 2 or 3 or both!

 

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