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    • Fair enough. But I don't understand why they send these letters. Do people really get scared and end up paying them?
    • 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 They would have been withdrawn because, as I said, they have no evidence that you were driving.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
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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Halifax overdraft debt help please


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Hi Carriesue :)

Sorry to hear your health problems and your issues with Halifax. They are being very unhelpful with everyone at the moment but in your case it's particularly inappropriate and cynical.

First of all, let me reassure you that Moorcroft are well known for sending empty threats. They cannot send in bailliffs or apply for a charging order.

To do this, the bank would have to obtain a County Court Judgement against you, then the judge would only order you to pay a low amount anyway due to your circumstances (which they know so they prefer to threaten in the hope of panicing you into paying more, without going to court) even then, baillifs and charging orders can only happen if you then fail to pay your £2 per month to the Court for the CCJ.

 

Hopefully you sent your subject access request by recorded delivery and have kept the receipt and proof that they cashed the Postal Order?

If so, you could write to them on the following lines:

 

Dear Sir/Madam,

FORMAL COMPLAINT - ACOUNT IN DISPUTE

On (date) I wrote to you informing you that I was seriously ill with cancer and obviously unable to work, requesting help with my overdraft account which was still within the limit, but I was anxious to do the right thing and address any future problems by being open with you and attempting to come to a realistic arrangement.

As I received no response from you initially, again in order to assess the best way forward with this account I sent you a formal Data Subject Access Request on (date). You had 40 days to comply with this request, but it has still not been received after many months. Please therefore see my enclosed letter in this respect. Until I receive my data as requested this account is in formal dispute and I intend to take the matter further with the Information Commissioners Office.

Re the payment arrangement, after many attempts by phone and letter I was finally informed that you would accept £2 per month and freeze interest.

I kept to this arrangement and was unaware of any time limit, therefore I was distressed to receive a demand for payment of the remaining balance.

As I am still ill and on Incapacity Benefit this was of course impossible.

I am now most distressed to be receiving letters from Moorcroft Debt Collectors threatening bailiffs and Charging Orders. As you are aware of my circumstances and I have made every effort to sort this out within my means I am apalled at the callous way I have been treated.

I would therefore be most grateful if you would reassess your position on this account and once my data request complaint has been resolved, reinstate the £2 per month payment arrangement with freezing of interest until such a time as I am able to increase payments. Clearly I am doing the best I can in difficult circumstances and am not trying to evade this debt, therefore I will of course will inform you immediately if my financial position improves in the future.

Yours faithfully,

 

Enc: Letter before action

 

Dear Sirs/Madam

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

On (date) I sent you a formal Subject Access Request. As you are aware the law requires that you complete this request within 40 days.

Unfortunately I have received no documentation from you at all after many months, specifically:

 

1) You have failed to provide a complete list of transactions and charges.

 

2) You have provided no copy documents relating to any correspondence between myself and your company

 

3) You have provided no notes, or documents relating to instances of manual intervention.

 

4) You have provided no copies of default notices or agreements

 

I enclose a copy of the previous request that was made, which was signed on delivery to your company on (date)

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

You have a further 7 days to comply, no further notice will be given before legal proceedings will be commenced

 

Yours faithfully,

 

Send to the Halifax, copy to Moorcroft stating the account is clearly in dispute and with respect should be passed back to Halifax for resolution.

 

Just my opinion, hope you're feeling better now

 

Keep us informed if they reply,

take care,

Elsa x

Edited by Undercover-Elsa
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