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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.

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Just been doorstepped....


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Have to say that my credit rating is of no concern to me at the moment, or for the forseeable. Therefore I cannot see even a paltry offer being made by myself on this one.

Beating the DCA's day by day

 

My fight:

NDR - CCA'd 12+2 passed

Bank of Scotland - CCA'd 12+2 passed

CFS - Win by Technical Knock-out!:lol:

HFC Bank - CCA'd 12+2 passed

Chantry Collections - CCA sent

 

Time flies like an arrow

Fruit flies like a banana :D

 

<---------- Have I given you top advice, have I made you laugh, click on the scales, it won't hurt you! :grin:

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  • 1 month later...

Got this, this morning. Nowt new, with the same agreement as before with the wrong surname and signiture on it.

 

scan0001-5-1.jpg

 

Will send them the same letter back again. :rolleyes:

Beating the DCA's day by day

 

My fight:

NDR - CCA'd 12+2 passed

Bank of Scotland - CCA'd 12+2 passed

CFS - Win by Technical Knock-out!:lol:

HFC Bank - CCA'd 12+2 passed

Chantry Collections - CCA sent

 

Time flies like an arrow

Fruit flies like a banana :D

 

<---------- Have I given you top advice, have I made you laugh, click on the scales, it won't hurt you! :grin:

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  • 4 weeks later...
  • 3 months later...

Had another letter today.

 

Basically saying I haven't been in touch, Jeez I wonder why not eh? :D Am sending them this back.

 

 

 

Ref:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Dear Sir,

 

Thank you for your letter dated 18th November 2009 which I have noted for future reference.

 

As I have explained in previous letters, telephone conversations and when your representative came to my house I am still waiting for a copy of a signed, properly executed Consumer Credit Agreement for the above account as was requested in July 2008. I have provided you with the legal documentation that shows that the name on the agreement that you claim covers this account was not correct several times now.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account and therefore the account has been in default for over a year. Can you please explain if you have a Consumer Credit Agreement with the correct details on, and when you are going to supply them to me. If you are unable to supply a copy of the correctly signed and executed documents (which contains the correct name details on) I require you to put this in writing to me.

As you are no doubt aware section 77(6) of the Consumer Credit Act states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

And

 

(b) If the default continues for one month he commits an offence.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

 

I now require you to either send me a copy of the Consumer Credit Agreement with the correct details on it, signed by myself, or an explanation as to why you are unable to supply this document, within 14 days of this letter.

 

Yours faithfully,

Beating the DCA's day by day

 

My fight:

NDR - CCA'd 12+2 passed

Bank of Scotland - CCA'd 12+2 passed

CFS - Win by Technical Knock-out!:lol:

HFC Bank - CCA'd 12+2 passed

Chantry Collections - CCA sent

 

Time flies like an arrow

Fruit flies like a banana :D

 

<---------- Have I given you top advice, have I made you laugh, click on the scales, it won't hurt you! :grin:

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  • 2 months later...

Well have just had this lot on the phone again (even though I sent them the "do not phone me, don't send any more people to my house letter ages ago-about 2008 (strike 1). No security check done before discussing the case this time (strike 2), them claiming that despite me changing my name in 2003 I signed an agreement in 2004 (over 10 months later) in my pre-divorced name. Them claiming that they made a final response to my query of why the agreement was in the wrong name in 2008 and that they wouldn't be addressing my claim for a CCA in my post-divorced name again. They also said that they would be passing it to solicitors and possibly taking me to court. (strike 3). They said if I had a complaint to make to send it to the FOS.

 

Now they have ignored my requests not to telephone me and to keep everything in writing, they have broken data protection by not going through a security check and they have made threats to me about taking me to court etc (CPTU??? thingymybobby, can't remember the initials) and still have a document which was definitely not signed by me in 2004 in the wrong name which they claim proves I am liable for a debt.

Beating the DCA's day by day

 

My fight:

NDR - CCA'd 12+2 passed

Bank of Scotland - CCA'd 12+2 passed

CFS - Win by Technical Knock-out!:lol:

HFC Bank - CCA'd 12+2 passed

Chantry Collections - CCA sent

 

Time flies like an arrow

Fruit flies like a banana :D

 

<---------- Have I given you top advice, have I made you laugh, click on the scales, it won't hurt you! :grin:

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Have you complained to the OFT & Trading Standards yet? If not, I would do so ASAP.

 

CPUTR (Consumer Protection from Unfair Trading Regulations) I think you are thinking of.

 

 

Aye that was it.

 

They can't do anything. The account is still in dispute. They haven't sent me a valid signed, executed copy of the CCA yet. I have sent them a copy of the legal document that shows I changed my name in 2003, the agreement they have sent is dated 2004 and has the wrong name on it. They can whistle as far as I am concerned.

Beating the DCA's day by day

 

My fight:

NDR - CCA'd 12+2 passed

Bank of Scotland - CCA'd 12+2 passed

CFS - Win by Technical Knock-out!:lol:

HFC Bank - CCA'd 12+2 passed

Chantry Collections - CCA sent

 

Time flies like an arrow

Fruit flies like a banana :D

 

<---------- Have I given you top advice, have I made you laugh, click on the scales, it won't hurt you! :grin:

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No, cos I was making payments until 2008, it is only 20 months or so into its statute barred period.

Beating the DCA's day by day

 

My fight:

NDR - CCA'd 12+2 passed

Bank of Scotland - CCA'd 12+2 passed

CFS - Win by Technical Knock-out!:lol:

HFC Bank - CCA'd 12+2 passed

Chantry Collections - CCA sent

 

Time flies like an arrow

Fruit flies like a banana :D

 

<---------- Have I given you top advice, have I made you laugh, click on the scales, it won't hurt you! :grin:

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Sounds very much like the left doesn't know what the right is doing here within HFC.

 

They don't know when to stop once they start their little cycles - their local office here in Sutton has been closed for a while, as has Beneficial Finance, so they are probably having a last gasp attempt.

 

Their interest rates alone are questionable, as are their sales tactics. Did you have any PPI with them or any other 'loan agreement fee' added to the total.

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  • 4 months later...

Got a default letter today. They must have searched my credit file as i moved in March. Anyway, the account was defaulted in 2007, so surely they cannot default it again? Also they are still saying that the CCA with my maiden name on is valid, despite me having changed my name over 10 months earlier and having legal documentation saying this.

Beating the DCA's day by day

 

My fight:

NDR - CCA'd 12+2 passed

Bank of Scotland - CCA'd 12+2 passed

CFS - Win by Technical Knock-out!:lol:

HFC Bank - CCA'd 12+2 passed

Chantry Collections - CCA sent

 

Time flies like an arrow

Fruit flies like a banana :D

 

<---------- Have I given you top advice, have I made you laugh, click on the scales, it won't hurt you! :grin:

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Phoned them up, asked when they were going to supply me with a CCA and if they were allowed to put another default on my credit file when they had already put one on in 2007. Got told that they had checked my CCA with a "handwriting expert" who had confirmed that the signature matched the 2000 CCA (don't think this is true, plus it must be copied as I definitely didn't sign it in my old married name in 2004).

 

Then the woman went off on a rant about how in her opinion she wouldn't have ruined her credit record by trying to avoid making a payment. I asked her if that was HFC's opinion or hers. She said it was hers, and so I said "What right do you have to make any assumptions or opinions of me? Is that HFC's policy? To allow employees to have a go at people based on their personal opinions?"

 

Ended up speaking to her manager who said the default notice was not a default notice but a warning of a default notice. Also said it didn't matter that the details on the CCA were wrong as I was just trying to avoid my debts. I told her that my main worry wasn't about paying off the account, but how HFC had a CCA with the wrong name and what I suspect to be a forged copy of my signature on it.

Beating the DCA's day by day

 

My fight:

NDR - CCA'd 12+2 passed

Bank of Scotland - CCA'd 12+2 passed

CFS - Win by Technical Knock-out!:lol:

HFC Bank - CCA'd 12+2 passed

Chantry Collections - CCA sent

 

Time flies like an arrow

Fruit flies like a banana :D

 

<---------- Have I given you top advice, have I made you laugh, click on the scales, it won't hurt you! :grin:

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Share on other sites

Oh and she offered me money off to pay off the account :D

Beating the DCA's day by day

 

My fight:

NDR - CCA'd 12+2 passed

Bank of Scotland - CCA'd 12+2 passed

CFS - Win by Technical Knock-out!:lol:

HFC Bank - CCA'd 12+2 passed

Chantry Collections - CCA sent

 

Time flies like an arrow

Fruit flies like a banana :D

 

<---------- Have I given you top advice, have I made you laugh, click on the scales, it won't hurt you! :grin:

Link to post
Share on other sites

So do I just continue ignoring them?

Beating the DCA's day by day

 

My fight:

NDR - CCA'd 12+2 passed

Bank of Scotland - CCA'd 12+2 passed

CFS - Win by Technical Knock-out!:lol:

HFC Bank - CCA'd 12+2 passed

Chantry Collections - CCA sent

 

Time flies like an arrow

Fruit flies like a banana :D

 

<---------- Have I given you top advice, have I made you laugh, click on the scales, it won't hurt you! :grin:

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I wish I had got to this post earlier and my advice would be to follow this scenario.

 

Doorstep caller: Hi is Berrylover in

Berrylover : You have 10 seconds to leave my property before I drag you by you hair and dump you in the gutter.

Doorstep caller: Leaves quickly.

 

Job Done :-)

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