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    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
    • Quotes of the day penny mordaunt came out swinging with her broadsword, and promptly decapitated sunak while Nigel Farage, representing Reform UK, made contentious claims about immigration policies, which were swiftly fact-checked during the debate.   Good question though raised at labour about the 2 child benefit cap, which I broadly agree with, but the tory 'trap' assumes tory thinking - rather than child centric thinking. There should be no incentives to have kids as a financial way of life paid for by everyone else ... ... BUT the kids should not be made to suffer for the decisions of their parents Free school meals would feed the kids, improve their ability to learn, and incentivise them to go to school. As an added benefit ... it would invest in our nations future.   How far this should go is a matter for costing, social intent and future path of the nation, but not feeding our nations kids is an abomination. There should be at least one free school meal per day for every child who attends school. Full Stop. Its the cheapest and most effective investment in our future we could make.
    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
    • cause like you said in post one, 99% of people think these are FINES (it now reads charge). and wet themselves and cough up. they are not, they are speculative invoices because the driver supposedly broke some imaginary contract by driving onto privately owned land which said owner may or may not have signed some 99% fake contract with a private parking co years ago, thats already expired or has not been renewed or annually paid to employ them dx  
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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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:mad2: Hi everyone. I didn't think I would be coming back to you so quickly! It's nasty west again but this time its about a credit card account. I have been paying this account off slowly and not missed any payments. The reduced payments started off at £5 a month about 5 years ago and have slowly crept up. Last year they told me to pay £38 per month which I was doing (reluctantly) But now after filling in another i'o form I offered them £20 per month because of rent rises food going up etc. They got back to me asking for £47 per month because they said I should pay an equal percentage of my money going to debts to each company i owe. I pay £10pm to one, £22 pm to another just going with what has been asked for and seemed reasonable. The thing is after May, I will be losing about £320 per month in tax credits and child benefit when my daughter leaves full time education so i have no idea what i'll do then never mind having to pay more per month. Any ideas i will be grateful for.
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It is for you to TELL THEM what YOU will pay, NOT the other way round. make the offer of £20 (which is very very generous) in writing, if they refuse, just pay it anyway, they will not take any action against you as they will be ridiculed in court.

 

Have they sent you a copy of your CCA for this alleged debt? What about all the others?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi, Thanks for the superfast reply, you guys are brill. I was thinking about the CCA and looked at all the stuff I had from NW about the loan but found nothing about the credit card in that . Do you think I should ask for one? For all I know, they may not have a signed agreement as it seems the loan people don't. Although I must admit ,these credit card people seem a bit more on the mark. The other debts I have don't seem to be a problem, they have not been aggressive and seem to leave me alone to just pay them a small amount each month. 2 of them are almost paid off now (TG) . I did make the £20 offer in writing on the I/O form but they refused it and say that they want £47.19 per month for the next 6 months after which a full review of financial situation will be required and with this arrangement no interest will be charged. Should i default on any monthly repayments they will place account in hands of external DCA without warning or delay. Nice.

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Yeah well their puerile letter is all bluff and bluster, they seem to think that by sounding aggressive they somehow have the upper hand when in actual fact they are lucky they breathe the same air!

 

If it is for a credit card, and these have already rocked the boat and are getting greedy, then a CCA request won't hurt at all, it will at least send them the message that maybe they should have accepted your first offer and been happy.

When was the card taken out? Pre 2007?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi, Not absolutely sure but have found a letter dated April 2006 when I was offering to pay £1 per month to them so the card must have been taken out either in 2004 or 2005 , definately could not have been later than 2005.

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CCA request then HH,

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter.

£1 postal order, send recorded OR 1st class and obtain proof of posting.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks for that, will send off my postal order soon as. In the meantime I have a direct debit set up for the £37 per month that I've been paying and its due to go out on the 10th of April. They obviously expect that to be changed to the £48 this time. What would be the best thing to do, Change it to £20 or cancel direct debit altogether?

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Thanks for that, will send off my postal order soon as. In the meantime I have a direct debit set up for the £37 per month that I've been paying and its due to go out on the 10th of April. They obviously expect that to be changed to the £48 this time. What would be the best thing to do, Change it to £20 or cancel direct debit altogether?

 

 

Hi Hippy! I hope you're in fine form! I'm sure Bazooka and others will be along soon, but may I just mention that a direct debit is a very bad idea. I would cancel this immediately! I would also withold any payment until you get the CCA back. If you really want to pay something I would pay £1 maximum. This is a non priority debt, you have other issues to contend with, such as rent, council tax etc.

 

Just remember, the odd magic mushroom now and again never did anyone any harm!

 

Best wishes

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OK the direct debit should be cancelled immediately, how long have they got to reply to your CCA request?

 

IMO it would be a bad pre-emptive strike to stop payment if they are still within the time limit laid down, the choice is yours, but if they do come up with the goods, then no payment at all would not look good if it got to the legal stage.

So if you don't want to pay them THEIR chosen amount, cancel the DD and pay them £1.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 5 weeks later...

Hi all, I sent for the CCA and have given them the time to get back to me but so far have heard nothing from them. I sent the postal order 1st class with proof of posting and have kept the receipt. Do I have to send them another letter now? If so, what do I say? Thanks.

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Well if "Helpful banking" have failed to supply you with your CCA request, then the "FAILED" letter is the next step, along with reciprocating their childish attitude and ignore them. Open up their own complaints procedure with the sole intent of exhausting it so you can then escalate your complaint.

Once again 2nd class, and obtain "Proof of posting"

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi all, I sent the ' failed to comply' letter to nasty west by recorded delivery. Unfortunately, this morning I received a letter from them containing everything I had asked for including a signed copy of the agreement (ho hum) It is late getting to me, passed the 12+2 days on Friday last week. Should I now concentrate on offering them less per month ( I will actually be getting much less income in about 2 months as my daughter leaves full time education so I will lose child benfit and child tax credits, probably be about 280 ponds per month worse off.) Or do I keep up the in dispute thing? Thanks for all your help so far.

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Without sight of the docs they sent you it would be impossible to advise. The 'in dispute' argument has now gone as they have complied to a certain degree, if you can scan & post the docs on here, then others will be able to advise, but PLEASE ensure yo remove ALL identification from the docs, bar codes ref numbers etc.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi, having tried and failed miserably, i cannot seem to scan it properly. I scan but cannot copy and paste it to here, sorry. Am expecting a letter from NW to say account not in dispute after all (although they were late) My only idea is to tell them my money is going down and make another offer. Does that sound right? Thanks again for all your help.

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Is that all of it??

 

If that is all they have sent you then you can reply with this http://www.consumeractiongroup.co.uk/forum/content.php?415-POSSIBLE-Letter-when-a-questionable-agreement-application-is-sent.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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