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    • Hello I hope someone can give me some advice here, as I am at a bit of a loss on how to proceed. This relates to alleged offences under the RTA. Yesterday I received a notification from the local police of intention to prosecute for the following offences: 1 driving without due care and attention 2 failing to stop at a road traffic accident 3 failing to report a road traffic accident At this stage they have only asked me to say whether I was the driver at the time or not and provided a blank sheet of paper to give information about the incident. Going by the location (just round the corner from where I live) I can only imagine this relating to one recent incident, which wasn't actually an accident but more of a road rage event. I was driving past someone unloading or working next to his lorry which had stopped in the road. I wasn't going fast or anything, while I went by lorry man turned around and punched and kicked my car whilst going past him. I stopped and got out and wanted to know what he thought he was doing punching and kicking my car. He then hurled some verbal abuse at me, swearing and he was quite aggressive. I still didn't know what his problem was and said I would report him to his company for threatening behaviour and vandalism for punching my car. I got my phone and tried to take a photo of his lorry and number plate but at that moment he came right at me, still shouting and swearing, so I was worried he may hit me next, as he already punched my car. I thought if the guy hits me I will come off second best, so I decided to retreat. I quickly got back into my car and left. When I checked my phone later the photo I tried to take was blurred and useless, so I thought it was pointless to report the incident to the police, as the guy would not be traceable. Over that I forgot about it until I got the letter yesterday in the post. This is the only thing I believe this can relate to, but I have no idea based on what the three above allegations come from There was no road traffic accident, more of a road rage incident. So I am at a loss what to do. I have 28 days to respond. Should I just say yes I was the driver and was there and see what happens next, or should I already make a written statement on the attached piece of paper they sent me and send that with it ? Is there anyone here who would have a rough idea what to do next ? I tried my legal advice line through my Union, but they have sent me from pillar to post, now say it needs to go to a different department again and that would be chargeable as the RTA comes under Criminal Law. So any advice would be appreciated Many Thanks
    • So a quick update got bounced around two different departments and managed to speak to a DVLA bod , explained the situation and they could see the overlap and that DD payments had been made from Feb , also no formal remiders prior , they gave me a number for the legal dept who I am calling this morning to see what they can do in terms of the SJP notice , still have time to submit this online.  Will update after my chat this morning 
    • filed the defence at same time as suggested @dx100uk
    • Also, I am trying to understand how invoicing a large sum in a 6m period becomes tax fraud?   Is it because if he had invoiced over the £85k threshold he should have been obligated to charge vat?  Which would have meant hmrc would have benefited from the vat amount? So by not charging it Hmrc have lost out on £s revenue?  Is that what makes it tax fraud? So as a self-employed contractor, let's say he invoiced one Co for 200k.  Should he have charged vat on the full 200k (£40k)? Or just on the sum above the threshold (£23k)?  And that by not charging vat, he has knowingly withheld tax £s from Hmrc? And is the payer complicit ?
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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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VG - Vs Northen Rock - Charging Order


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SH, WoW

 

OK let me get my head round it, I complete N244 with the details in post 253.

 

Print it off and take it to the court to be sworn and pay my fee.

 

Then print off my defence attach any relevant documents and send that off to the court.

 

If the above is correct, great.

 

I have one other question please, the N224 to be set aside, will that be listed for a hearing if so do I still need to attend my scheduled hearing on the 23rd?

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SH, WoW

 

OK let me get my head round it, I complete N244 with the details in post 253.

 

Print it off and take it to the court to be sworn and pay my fee.

 

Then print off my defence attach any relevant documents and send that off to the court.

 

If the above is correct, great.

 

I have one other question please, the N224 to be set aside, will that be listed for a hearing if so do I still need to attend my scheduled hearing on the 23rd?

 

It is not the N244 which needs to be sworn, it is the accompanying affidavit. You then attach the affidavit to the N244, along with your doctor's letter as evidence of your medical condition, and take the whole thing back to the court to submit.

 

Of course, if you fill in your N244 and take that and your doctor's letter to the court when you have your affidavit sworn, you can then attach everything together and submit it during the same journey to the court.

 

You will still need to attend the hearing on the 23rd. I would send the defence/objection off on Monday or Tuesday.

 

The application to set aside the original judgment should be submitted as soon as possible, but at the moment the court service website is not working, and you may want to wait for feedback before submitting the forms.

 

SH

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SHs input here has been superb VB.

10/10

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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4 This claim appears to arise from an account I opened on or around xxx

 

 

I think you should take out "appears" and change to The claim relates to ..........

 

 

Also the links to the OFT debt collection guidance-I would insert instead the reference to the published report

ie; Office of Fair Trading final guidance of unfair business practices bla bla bla..........

 

 

Similarly the same with the banking codes links

 

to read something like

As is detailed within the banking codes**** as ammended in March 2008.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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In any event you will need to have hard copies of both OFT Debt collection final guidance and also the Banking codes.

 

I think also there will definitely be some things in the Unfairconsumers terms regs 2008.

 

In particular failing to uphold codes of practice.

This is a good one to use-and straight away the Banking Codes one is obvious.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Print off relevant sections showing reference to the work

ie First page and maybe index page.

Highlite in index page (s) too.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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OK Martin

 

If SH is around, if this is the affidavit form if so you may like to bookmark it for future reference.

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n285_0499.pdf

 

That's the one! You should be good to go now. I should have all these forms saved to my hard drive to cover an eventuality such as this.

 

Thanks.

 

SH

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OK I'm doing the affidavit but there's not enough space to insert the statement, should I use 2 affidavit forms?

When I send documets with the affidavit do I refer to them as a) b) c) etc?

 

For instance my CCA / CPR letter request & also confirmation of postage and delivery.

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You dont have to use 2 Affidavits-just reference to the statement of case/statement of evidence etc that you are attatching.

Do a simple appendix listing attatched documents.

 

And...dont forget the statement of truth at the end.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I've done 2 affidavit's Martin not to worry I can reamend my paperwork, I'll do one affidavit and attach an a4 to it with the rest of the text, I'll then add the statement of truth.

 

As for my defence, when I send if off do I refer to the enclosed documents as a) b) c) etc., etc.,

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Just an update to say I've handed in my N244 & affidavit I'll concentrate on my defence now.

 

Thanks to everyone who's contibuted especially SH you're a STAR.

 

The defence I'm going to submit to the court, do I have to send a copy to the claimants / Solicitors?

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A defence in a redetermination hearing would not need to be sent to the other side, but objections to a charging order do need to be sent to the alleged creditor and the court at least seven days before the hearing.

 

In this case, I would just send the whole of the combined document which encompasses your objection to the charging order.

 

SH

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Oh dear SH I thought I was understanding all this crap!!!

 

OK, the defence that you tided up for me above does that cover both issues when I go to my hearing or is that a defence just for the redetermination?

 

Do I have to do a separate objection letter to stop the interim charging order being finalised?

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