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    • might be best to start a new thread as its one of 5 you have?  
    • @jk2054 - I haven't started a claim with OIC or MIB yet, due to being unable to obtain the name of the other driver.  @BankFodder cheers for that, I'll go back to them with this info & update on here when I've had a response.
    • Andy thanks for your reply. No i am now being evicted from the house i moved into after that previous post. The letting agent lied to me when they said the landlord would not be selling the house. SHe did not mention that the landlord tried to sell the house last year, i was not told this, 4 months into the tenancy i got the eviction notice. Its obvious they lied to me and used me to fill in the gap between their attempts to sell the house. I have filled in the defence form as it was easy to follow the old one from my previous post. I will post it later on in the hope someone can give it the once over. It has to be in by the end of this month may 31st.  
    • It's a GR Yaris - Finance is with Alphera, who are part of BMW I believe. I'm sure the unit is very expensive to repair, I have even told them I would be happy with a refurbished/reconditioned unit, in trying to be reasonable as well.
    • Without seeing this envelope, document and sticker it is impossible to advise properly. However, just going on what you have told us, there are two ways you can deal with this: !. The easy way. This has the lowest risk but the guarantee of a penalty for speeding.  You can respond to the SJPN by pleading “Not Guilty” to both charges. In the “Reasons for pleading Not Guilty” box you can explain that you responded to the request for driver’s details but it was recently returned to you, seemingly not actioned. However, you are willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped. You could also ask the court to consider sentencing you at the fixed penalty level (£100 and 3 points) as this prosecution seems to be the result of an administrative problem outside your control. 2. The not so easy way with higher risk. This could see you convicted of the FtP charge but has the possibility that you escape with no penalty whatsoever. You can do the same – plead not guilty to both charges. If you go down this route the speeding charge cannot succeed as they have no evidence you were driving. This comes from your response to the request for driver’s details which the police say they have not got. You can mention in the “Reasons” box that you returned the request for driver’s details as required. You will then face a trial for the FtP charge and you can produced your response together with the envelope and sticker showing it had been returned to you. The risk with this is that if your defence fails you will be fined a week and a half’s net income, pay a “Victim Surcharge” of 40% of the fine, pay prosecution costs of around £650 and have six points together with an endorsement code (MS90) which will see your insurance premiums rocket.
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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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MBNA/Arrow/Marlin/Mortimer Solictors **WON**


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Not been able to put the story on site before as in one letter received Mortimers stated that they were looking at the site. SO I HAVE PUT THIS ON THE SITE IN HOPE IT WILL HELP

 

Anyway we won in court £3800.

 

The judge was not particularly helpful and suggested that the application form from MBNA was a credit agreement even with that funny signatute in the top left hand corner. WE discussed what all 4 corners meant as not everything can be put on two sides of the paper. I asked him then were is the clause 11 of T&C refereed to on the front of the application. This was quickly move on.

 

Further,i received a NOA which had the Date of assignment 00/00/00 stated The Judge said i did not need to know the date of assignment as it was commercial sensitive. Beats me why it said the case quote was irrelevant and does not affect that the debt is assigned.

 

DN this was a one that cracked me up the original send to me which i had should a date of 22 Aug 2008 to get the arrears paid, but when i asked for disclose the DN came back with this date being 25 Aug 2008, which would provide the 14 days necessary under s87. This was the only document that was different when i brought this up with the Judge, he was well its a screen dump and the date is an automatic entry Ok but the fist DN notice must stand. We then had a discussion about case law. The case then went to only the arrears being owed. I also gave the Judge my credit file and showed him a entry by Arrow which was before the date there said they owned the debt on the POC. He said so what this is a matter for the IOC.

 

We also had Rankine thrown in.

 

At last we got to were are the statements to show how any of this debt was calculated. None could be produced in Court.

 

After a 10 min rest the judge said unenforceable. On leaving he told the Claimenants solicitor to look up case 8QC52414

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I was LIP

 

The T&C were the one's of the Microfiche the Standard issue. Whta i was saying that on the front of the application form is a section "read clause 11" well no where on this form front back is a clause 11. The DJ was try to say the T&C on the microfiche were with the application form. Which we all know is not the case. He did harp on about my signature in the box and that constitutes a credit agreement. I simple asked what was the credit limit how did MBNA work out the APR when must i pay. Anyway 2 hours and 30 mins what a waste of the courts time. but it must have cost Arrow a few bob.

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  • 1 month later...

yesterday 23 Dec 09 I got a letter from Arrow. They have send me

1 Copy Agreement

2 Terms and Conditions

3 Statement of account

 

The letter goes on to say " Please provide your proposal for repayment of your debt. Failure to do so will result in the continuation of collection activity, which in your case may include ligation."

 

I do not like this Arrow Global, what can we do I happy to go all the way

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yesterday 23 Dec 09 I got a letter from Arrow. They have send me

1 Copy Agreement

2 Terms and Conditions

3 Statement of account

 

The letter goes on to say " Please provide your proposal for repayment of your debt. Failure to do so will result in the continuation of collection activity, which in your case may include ligation."

 

I do not like this Arrow Global, what can we do I happy to go all the way

 

Is this to do with MBNA ?

 

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I'm sorry but I don't have access to the quoted court case.

 

However, as the Judge has ruled the agreement unenforceable, I would point this out to Arrow and point out the issue of estoppal.

 

If they persist, tell them you will return to court to obtain a stop and desist order; with Arrow being liable for the full costs.

 

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