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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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Lowell Portfolio 1 Ltd - dodgy letter??


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Well According To This No

 

Do You See Process Servers Listed

 

Trade Of Premisis No

 

I Would Think A Nice Letter To The Leeds Loosers Is In Order And A Complaint To The Ico And Oft Also On These So Called Process Servers

 

Its All Rollocks

 

Wait For A Few Days For More Comments Though

 

Lowell Must Be Getting Desperate

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Does look like it might be a fishing exercise by Lowell. Your safest bet is to get it set aside and claim back your costs in doing so. You don't have to have legal representation to do it, many from this site have done it themsleves. You will have to assume you will need to attend court and face them across a table (fairly informal process). You can claim Litigant in Person costs (£9.25 per hour unless the figure has changed) this includes time for researching and putting together your defence. You could come out of this with a nice little tax free bonus :)

 

Ignore the dates on the documents, your time for setting aside starts from the date of service, i.e. when you actually receive it.

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The Office of Fair Trading: Contact us

 

Complaints - Privacy & electronic communication - ICO

 

Lowell Group - Customer

 

I see their 'Customer' site is still under construction!

Losers in every sense of the word, I wonder how long it will be before they go out of business?

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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Thank you - I will mention the dates - and there were 2 witnesses here at the time he came - thank goodness. Fuuny really - 1st thing this morning I felt quite positive about it all, but the self doubt and panic is setting in again now - but that's what these parasites rely on I suppose.

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I've just read the set aside link - surely (or am I misunderstanding again!!??) the set aside can only be applied for by me if a court case against me has been started? I think I may have to trot along to a solicitor because I'm really confused! Not surprising really with all this c**p going round and round in my head!!

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this is just typical of lowells

predated

you have 18 days fron the date of service for set aside

your technically out of time. dont worry about it youve got 2 witnesses as to the standard of service.

ill have a look at the "green book" regarding proper service.

your 2 witnesses now need to make a statement of truth regarding the service, and the fact that it was pre dated.

firther a stat demand has to be on a specific type of form if being served under insolvency rules a letter from a company is not suffice.

will keep you updated

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This is what an official SD looks like

 

SDP1.jpg picture by fiftypence_photo - Photobucket

SDP2.jpg picture by fiftypence_photo - Photobucket

SDP3.jpg picture by fiftypence_photo - Photobucket

SDP4.jpg picture by fiftypence_photo - Photobucket

 

compare it to your own to see if its similar.

 

The SD is a precursor to making you bankrupt, if you don't respond by having it set aside they can then apply to make you bankrupt.

 

Don't panic though, most of these can be set aside quite easily and a lot of time these are not followed up to the bankruptcy stage anyway, they are used as a scare tactic. However, it is important to treat it as though they will follow up with the bankruptcy action so that you can be prepared for the worse, but setting aside the SD will stop any bankruptcy action in it tracks.

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I have today had a reply from Barclaycard - which surprised me as I expected it to be from Monument. I sent the £10.00 letter off to the address that I found on an old Monument statement though??

Anyway, the letter says:

Dear Sir/Madam

 

Reference SECTION 78 of the Consumer Credfit Act 1974

 

Barclaycard Account Number: Unknown

 

Thank you for your request under section 78 of the Consumer Credit Act 1974.

 

Based on the informatiojn you have given we are unable to locate your Barclaycard account number. Please provide further information to allow us to proceed with your request.

 

Yours sincerely,

 

 

*********

 

Barclaycard Customer Services.

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Phil, No I haven't started the set aside process yet - having read the info on here, it appears to me that I can only do this if a judgement has been entered against me? How do I know if one has?

 

postggi - thank you - so, please excuse me being a bit thick (again!!) but as the original card was Monument Visa, wouldn't Barclaycard have been the original owner so to speak? And do I now need to write back to them with more details other than my full name and address which they already were given in my subject access letter?

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You really must get this set aside.....they do not have to have a judgment against you necessarily to attempt to enforce a bankruptcy petition...and it is easier to set aside a stat demand (as this is where debts should be disputed) not at the hearing of the bankruptcy petition. Moreover, if you don't set aside the demand within 18 days of the date on the demand, you have to pay in the region of £30 to set aside outside of the timeframe....

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