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    • Regretfully it does. Have you actually seen any papers which show what you were charged with (rather than what you were convicted of)? It is unusual not to be “dual charged” but if you were not charged with both, you are where you are. If you had been charged with both offences and providing you were the driver at the time, you could, after performing your SD, have asked the prosecutor to drop the “Fail to Provide” (FtP) charges in exchange for a guilty plea to the speeding charges (you cannot be convicted of speeding unless you plead guilty as they have no evidence you were driving). You will have difficulty defending the FtP charges. In fact, it’s worse than that – you have no chance of successfully defending them at all because the reason you did not respond to the requests is because you did not receive them and that’s entirely your fault. No it’s not correct. Six months from 18/11/23 was 18/5/24 so, unless they were originally charged, the speeding offences are now “timed out.” There is one avenue left open to you. If you perform your SD you must serve it on the court which convicted you. You will then receive a date for a hearing to have the matters heard again. Your only chance of having the matters revert to speeding (and this is only providing you were the driver at the time of those offences) is to plead Not Guilty, attend court. When you get there you can ask the prosecutor (very nicely, explaining what a pillock you know you were for failing to update your  V5C) if (s)he is prepared to raise “out of time” speeding charges, to which you will offer to plead guilty if the FtP charges are dropped.   This is strictly speaking not lawful. Charges have to be raised within six months. Some prosecutors are willing to do it, others are not. But frankly it’s the only avenue open to you. There is a risk with this. I imagine you have been fined £660 (plus surcharge and costs) for each offence. The offence attracts a fine of 1.5 week’s net income and where the court has no information about the defendant’s means a default figure of £440pw is used.  If the prosecutor is not prepared to play ball you can revise your pleas to guilty. A sympathetic court should give you the full discount (one third) for your guilty pleas in these circumstances but they may reduce the discount somewhat. The prosecution may also ask for increased costs (£90 or thereabouts is the figure for a guilty plea). So it may cost you more if you have a decent income (I’ll let you do the sums). But MS90 is an endorsement code which gives insurers a fit of the vapours. One such endorsement will see your premiums double. Two of them will see many insurers refuse to quote you at all meaning you will have to approach "specialist" (aka extortionate) brokers. So you really want to exhaust every possibility of avoiding MS90s if you can. One warning: do not pay solicitors silly money to defend you. Making an SD before a solicitor should attract just a nominal sum (perhaps a tenner). That’s all you should pay for. You have no viable defence against the FtP charges and any solicitor suggesting you have is telling you porkies. The offer to do the deal is easily done by yourself and you can save the solicitor’s fees to put towards a few taxis and increased insurance premiums if you are unsuccessful. In the happy event you find out you were "dual charged", let me know and I'll tell you how to proceed. (Seems a bit odd hoping you were charged with four driving offences rather than two, but it's a funny old world!).    
    • Just the sort of people you despise eh Jugg  You would be much happier among your mates in that room with Rayner begging for votes 
    • I see the trial of the real criminal in the Biden Family has started rather than the sham political persecution of Trump    Biden will of course try to distance himself as far as possible to no avail  Even more votes for The Donald🤣    
    • Savings platform Raisin UK is offering a £50 bonus for new customers who sign up for an account.View the full article
    • With Farage back in the news, here's a reminder of his interview with Claire Byrne on Irish TV a few years ago.  
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Power2Contact have NO INTENTION of sending people round as they state in their letter - Phone recording inside


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Anyhow , that woman is outright wrong if her position is that no date was specified as to when they may call shunning their obligation to make a clear and explicit declaration of the time and nature of such a call . OFT guidelines says right here :

 

Debt collection visits

 

2.12 Examples of unfair practices are:

 

a. not making the purpose of any proposed visit clear, for example, merely

stating that collectors or field agents will call is not sufficient

 

g. not giving adequate notice of the time and date of a visit [/i]

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The thing is I never told her I was recording from the start, to make it admissible as evidence I did need to tell her from the start it was being recorded. I knew if I did this however the call would have gone differently.

 

 

The recording is admissible at discretion of court. You do not need to have warned them the conversation is being recorded.

 

It is likely the court would allow a recording in if it sheds light on the issues before them.

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  • 1 month later...

it makes no difference really whether the court would or would not allow the recording as evidence (they probably would on the basis that the debtor is always at a disadvantage ) since you would simply place a word for word transcript in your defence as to what was said/admitted in the conversation and this would be available to the other side prior to the court hearing.

 

This then places them between a rock and a hard place since when you ask them in court if they agree that this is a true representation of the conversation that took place or of their admissions etc they have only two choices

 

a to admit that this was what was said OR

 

b to deny it

 

if they elected b/

 

the next question would be to ask them- since they deny the facts if they would therefore have any objection to the court hearing the actual recording.

 

Now what are they going to say? heads you win- tails they lose

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So the DCA's always claim that they have bought debts legally and have the power to act to recover the money owing, they insist that you deal with them, not the original company. So how was it possible for 2 DCA's to be dealing with it, and why go back to the original company, who simply don't want to know once they've palmed it off onto a DCA?

 

How many people are intimidated by cards through the door, saying someone will call? Not many are CAG aware and realise it's not going to happen, it's just part of the tactics to force people to contact them and pay. They should be made to give people a complete list of the scaremongering they'll do at first contact, like "we will send you between 3 and 6 letters that threaten to have you strung up if you don't pay, hoping you don't notice the use of MAY, COULD and IF, following which we will suggest that someone will call at your door to collect the entire amount or take your children as deposit, following this we will bodge up a letterhead that looks like it's from a solictor's and threaten court proceedings. We will call you several times a day on your home, mobile and work numbers and if you don't answer we will call your boss and tell him to fire you because you've not answered the phone to us."

 

Even packets of corn flakes have a warning 'may contain nuts'

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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So the DCA's always claim that they have bought debts legally and have the power to act to recover the money owing, they insist that you deal with them, not the original company. So how was it possible for 2 DCA's to be dealing with it, and why go back to the original company, who simply don't want to know once they've palmed it off onto a DCA?

 

How many people are intimidated by cards through the door, saying someone will call? Not many are CAG aware and realise it's not going to happen, it's just part of the tactics to force people to contact them and pay. They should be made to give people a complete list of the scaremongering they'll do at first contact, like "we will send you between 3 and 6 letters that threaten to have you strung up if you don't pay, hoping you don't notice the use of MAY, COULD and IF, following which we will suggest that someone will call at your door to collect the entire amount or take your children as deposit, following this we will bodge up a letterhead that looks like it's from a solictor's and threaten court proceedings. We will call you several times a day on your home, mobile and work numbers and if you don't answer we will call your boss and tell him to fire you because you've not answered the phone to us."

 

Even packets of corn flakes have a warning 'may contain nuts'

 

i'm not sure that two dca's were dealing with it- i may be wrong but i got the impression he "Made up" the second DCA to frustrate the lady on the phone call

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