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    • Could someone review the defence I have prepared please?   please note I have got a copy of an old default notice from 2007, but have asked them to provide me with a copy, does this need to be taken into account on my defence statement? I don't have a copy of an assignment notice from Cap One to HPH2, just one from HPH2 to HFUH2L, but was HPH2 Cap One? If I have these 2 documents, but no original agreement can I still use this as a defence?    1. This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. 2. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. 3. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). 4. Written notice of the assignment has been given. 5. The Claimant claims 1. The sum of 294  2. Costs Defence 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted and it is accepted insofar that I have had financial dealings with Capital One Bank (Europe) Plc in the past, but I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant. On the 27th November 2019 (both sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request to Howard Cohen and Co. Solicitors and a Section 78 request to the Claimant Hoist Finance UK Holdings 2 Ltd to gain further details. Both have been signed for as received but the claimant has yet to comply. 3. Paragraph 2 is denied I am unaware of any service of a valid Default Notice pursuant to the consumer credit Act 1974 4. Paragraph 3 I am unaware of any alleged legal assignment or Notice of Assignment from the Claimant. 5. It is therefore denied the Defendant owing any monies to the Claimant, the Claimant must provide evidence of assignment/balance/breach requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence the nature of the breach and service of a valid default notice; (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.   Thanks, Molly,  
    • read the letter it says our client...   everything else is explained in that other thread or any CLI thread gere . use our search..   a dca IS NOT A BAILIFF
    • I did read the thread, but the advice was "don't pay" - and the original poster didn't come back to say what had happened in the end.   unclebulgaria - the DCA does have a copy of the official speeding notice.
    • I don't need to see a picture that has nothing to do with me. You may scoff if that makes you feel good but no one in their right mind would knowingly "contravene". I most certainly am in my right mind. The fact is I obviously needed to turn right but definitely would not have risked a fine if I had seen the sign. I'm not into donating my hard earned money to greedy councils. 
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speeding ticket/traffic car/calibration certificate

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Not My Usual Area So Ime All Yours

 

A Friend Of My Brother Has Asked For Help.

The Cops Done Him Between 92 And 98 Mph On The M6 At 1230 In The Morning.

 

For Some Reason He Declined A Fixed Penalty And Has Elected To Go To Court.

 

Looking Into The Facts, The Police Had A Re-calibration Done On There Car The Next Day.

 

I Would Think He Needs To Request The Previouse Calibration Certificate. Lets Not Get Into The Rights And Wrongs On Speeding, This Is A Legal Matter For Now, So These Are My Questions

 

1/ How Often Do These Devices Need To Be Calibrated To Be Used In Court As Evidence

 

2/ Can You Request A Copy Of The Certificate Say Under Cpr Prior To The Court Trial

 

3/ What Would Be The Situation If No Valid Calibration Certificate Was Current At The Time And Who Does The Calibration

 

Answers On A Post Card

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I take it that it was the speedo that was re-caliberated?

 

If so, its normal for these to be re-caliberated after they have detected a speeding offence.

 

However i do not know much more than that im afraid!


Warning: Freemen of the Land Operate here. Think twice before accepting 'legal advice'.

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My local force calibrate monthly, and if there is a discrepancy over 2% it is brought to the attention of the duity Inspector, who should check any incidents that may involve borderline transgressions. However, being clocked at between 92/98mph this wpuldn't be borderline as a speeding offence has certainly been detected - I don't believe it will invalidate the action - and if the onboard JAI Video system recorded the pursuit, it uses a tandem speed sensor (but unlinked to the speedo) and this could provide corroboration to their original findings.

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The OP's friends Speedo would have been showing way over the ton to be clocked at 98. So he should be thankful his speedo isnt calibrated.

 

However the guys over at PePiPoo: Helping the motorist to get justice are the experts

But i feel Buzby has hit the nail on the head

 

Many forces have a measured mile that they use on a daily basis before going out on patrol 2-3 Psi differance in tyre pressure can throw out the speedo. But on the motorway by traffic police. There would be 3 witnesses.

The speedo. vascar and the other bobby.

 

Good luck

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The opinion of two Police Officers has been held sufficient to obtain a conviction. Collaboration, be it speedo, VASCAR, etc. is a bonus

 

Unless he already had 9 points, he was absolutely stupid to decline an FPN at that speed.

Edited by patdavies

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