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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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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hire Purchase - Rejection of Goods


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Update:

 

Finally.... Contacted by a FOS Adjudicator who is going over everything and will be writing to both ourselves and the finance company, although he was unable to give any date due to complexity of the matter, it would be investigated and a decision given on the result of the investigation by him.

 

From the date an adjudicator is appointed, any idea on time scale involved now?

 

Thank You Kindly :)

Thanks

- Hobbie

 

--------------------------------------------------------

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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Update:

 

Finally.... Contacted by a FOS Adjudicator who is going over everything and will be writing to both ourselves and the finance company, although he was unable to give any date due to complexity of the matter, it would be investigated and a decision given on the result of the investigation by him.

 

From the date an adjudicator is appointed, any idea on time scale involved now?

 

Thank You Kindly :)

Depends on a lot of factors.

 

Firstly, cooperation from the finance company. The adjudicator will write to them for information, as well as their side of the story.

 

Secondly, the size of the adjudicators brain. If it's the same size as most of the adjudicator's I've dealt with, then it's likely to take a very long time, but on the odd occasion there are adjudicator's with slightly larger than pea-sized brains, who may be able to hold a slightly larger amount of information in their brains.

 

How long's a piece of string? In this case anything from 1 day to 6 months! Average 3-4 months in my experience. That's if the adjudicator's decision is satisfactory, otherwise it goes to an ombudsman and that can take 3-5 months just till it reaches their desk!

-------------------------------------------------------------------------------------

:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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  • 1 month later...

Final update.

 

The case reached an adjudictor and we entered into informal negationation, and reached an agreement.

 

In that the Finance Company have agreed now to collect the vehicle at the own expense, and refund 50% of payments made.

 

We accepted this on the basis that the Finance Co. had made an offer to repair the vehicle or supply a vehicle similar to that what we already had, and we simply wanted to end the agreement as we had lost of trust in the FC.

 

Thanks to legalpickle and all those who also posted offering words of advice and support.

 

Hobbie

Thanks

- Hobbie

 

--------------------------------------------------------

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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Final update.

 

The case reached an adjudictor and we entered into informal negationation, and reached an agreement.

 

In that the Finance Company have agreed now to collect the vehicle at the own expense, and refund 50% of payments made.

 

We accepted this on the basis that the Finance Co. had made an offer to repair the vehicle or supply a vehicle similar to that what we already had, and we simply wanted to end the agreement as we had lost of trust in the FC.

 

Thanks to legalpickle and all those who also posted offering words of advice and support.

 

Hobbie

I think you made a mistake. You should have insisted on a full refund and compensation! You would have been entitled to it!

 

I guess a well done anyway!

 

It does annoy me though when consumers are clearly entitled to something and give in so easily, at a financial loss to themselves and gain to a company with non-existent customer "services"!!! :(:(:(

-------------------------------------------------------------------------------------

:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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Legalpickle,

 

I hear you, but the adjudicator had hinted that he would be accepting the FC's offer to replace the vehicle. As it had made the offer to either repair or replace. In the formal summary we are to receive 50% of payments made, collection of the vehicle at no cost to ourselves, and the finance agreement withdrawn and the removal of any entry placed on both of our credit files, not an amendment, but full removal within 28 days, so it is to appear that no transaction took place between either party.

 

Although it is not the resolution I would of liked, and by the sound of it, nor would you have preferred, but after a number of weeks of letters and counter offers flying back and forth it was on the day the best offer we think.

 

I really do appreicate your advice LegalP.

Thanks

- Hobbie

 

--------------------------------------------------------

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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Oh well, at least you get some dough back and no damaged credit record.

 

Make sure you specify that the vehicle is to be picked up at a time convenient to yourselves.

 

A click on my scales and a donation to CAG would be nice.

-------------------------------------------------------------------------------------

:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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