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    • 12mph (beyond any UK limit) will certainly qualify for a Fixed Penalty. So you should received an offer of a FP for each of the remaining two offences. Be sure to submit your licence details as instructed when you accept the offer. If you don't your £100 will be returned to you and the police will prosecute you in court.
    • and it will be also now written off under age related criteria anyway.
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    • Yes of course. That's why it says cc:: BIg Motoring World at the bottom. Don't imagine that this solves the issue. It doesn't. He not have to force the finance company and big motoring world to accept the rejection to give your money back. I suggest that you get the letter off tomorrow. And let us know what you hear but on Friday you should then send a threat to the finance company.   Have a look what I have said here about your options and read the whole thread as well.  
    • Been perusing the actual figures on the polls above wondering where the '16% claimed for deform comes from? I understand that there are 'weighted' end results based on secret calculations ...   Probably going to repeat this later, but remember that the ukip/brexit/reform/deform party has ALWAYS had poll speculation FAR better than their actual  performance at elections - by large margins. SO: The labor and Tory votes come largely from simply the people who say they will vote for them - sorted Lab 43% Tory 20%, with maybe another small 1-2% coming from the weightings of the 'not sures' Greens largely get what is declared from 'other' , although with another declared green bit from the 'pressed' question   So as the share of the voting displayed in 'other' granted to reform/deform is around 11%, where does the '16% too often being reported come from? Seems that reform has been granted as beneficiary of effectively ALL the don't knows and wont says, who when pressed didn't actually declare for someone else ... effectively adding 40%+ to their reported polling % - rather strange given their consistent under-performance compared to polling - or perhaps that is the cause of the higher rating eh?   Now I admit the possibility (probability?) of wingers being ashamed of declaring their support for the yuckey lemon end of the spectrum ... but surely  that should affect the 'Torys as well? Maybe the statisticians have simply weighted in that deform wingers are simply more likely to lie?   But - without 'weightings' and assumptions that faragits will get everything that isnt declared as a definite and unequivocal 'not that Piers Morgan' - reform is on around 11% it seems.   Add to that the history of polling a lot less than the hype - and the simple fact that faragit wingers seem to be spread across the country (presumably skulking in their moms spare room despite being 45+) and greens and lib dems seem to be community minded - I think two seats will be an epic result for farage. Hardly the opposition - far more raving wingnut party.   and importantly - Has farage got a home in clacton yet?
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.

      Frankly I don't think that is any accident.

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      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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largo law bankruptcy petition statue barred **** WON ****


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hi

i have recieved a bankruptcy petition from largo law it says on it failure to comply to a statutory demand for a liquidated sum payable immediately

never had any stat demand the debt is well over 6 years since paid or herd from them phoned courts and their is a hearing date sent largo law statue barred letter weeks ago and asked all info but phoned them and the said never recieved letter have proof posting recorded delivery

just seems they wont give me any info its in court 3 weeks from nowlargo 2.jpg

 

largo.jpg

Buffy x

 

Buffy v Halifax WON all charges refunded

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can any body help do i have to put in defence see i have nothing from courts and nothing from largo so how am i suposed to make a defence

thanks buffy

Buffy x

 

Buffy v Halifax WON all charges refunded

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Right, back to basics.

 

a. The person you are dealing with is one I have had experience of through my business. Economical with the actualité and as slimy as a box of toads is my 'executive summary'. They do things like tell you on the phone they won't go ahead with a case, then do it anyway. . So record all calls or do things in writing. If you can record calls, and feel able to deal with it, you may indeed be able to trip them up...

 

b. You need to write back urgently and deny that an SD was issued. Put them to strict proof and demand details and proof of service (eg, address issued, method of service).

 

c. Copy this correspondence into the court mentioned. Call the court and ask if they have details of the SD and its issue date.

 

Hold fire on the SB bit for now. Do this and let us know what happens. Roughly how long to the hearing?

Edited by 42man
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I'm sorry I didn't see this earlier.....you need all the information from the court, there should be a file there with an affadavit of how the stat demand was served (if you have never seen one)....get all this paperwork, and ask the court to copy it all (they will charge you a small amount to copy it)....you must apply a set aside of the petition this you do using form 6.19, you will need to accompany it with an affadavit and a witness statement....also there should be a name of somebody on the petition that you can contact I suggest you call them and state that you will be fighting this....you need to move quickly as your paperwork needs to be in the court 5 working days before the hearing with copies going to the opposing solicitors....

 

Once you have got ALL the paperwork from the court file....please send me a PM...

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As you have never ever seen a statutory demand or have had one served on you then there must be an affadavit in the file stating that a process server had attempted personal service on you but had failed to do so, only when they had tried to effect personal service and failed will they grant allowance on substituted service (by post).....if there is no affadavit then this high court judgment will help you...you'd be surpirsed how many don't do this properly and it is likely to be an abuse of the process... -

 

Judge Boggis QC - RE AWAN - [2000] BPIR 241

Then r 6.15 says:

(1) Service of the petition should be proved by affidavit.

(2) The affidavit shall have exhibited to it -

(a) a sealed copy of the petition, and

(b) if substituted service has been ordered, a sealed copy of the order;

and it should be filed in court immediately after service.

'In my judgment, bankruptcy is one of the most serious forms of execution that can be brought against a debtor. In any bankruptcy proceedings it is, in my view, absolutely clear that the provisions as to service must be followed exactly. The rules provide in terms that the petition must be supported by an affidavit of service showing how the petition was served, and express reference is made to substituted service and the way in which that then is to be proved, which involves the affidavit of service having with it a sealed copy of the order.' - JUDGE BOGGIS QC - SITTING AS A JUDGE OF THE HIGH COURT

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Thanks everyone

about 2 weeks to go dont no wat to say as i said have no dates or any thing have emailed largo they wont give us any info the letter is court stamped still no papers from court tho just dont no how to go about writing to court and wat to say i know this debt is statue b it must b well over 9 years now since any payment or aknowlegement been made

thanks again for your help

buffy

Buffy x

 

Buffy v Halifax WON all charges refunded

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hi went to the court yesterday the court gave me a copy of the creditors bankruptcy petition on failure to comply with a statuory demand they would not give me a copy of the staturory demand and the affadavit i asked how the SD was served and the lady at the court said they had called at my house but got no answer so spoke to a man who lived next door who comfrimed post was received at my address then the SD was sent by 1st class post. i have got the 6.19 form to fill in but not sure what to put.

what i did notice was on the 6.7 form (the failure to comply one )it says please give the amount of debt, what they relate to and when they were incurred please show separately the amount or rate of any charge not previously notified to the debtor and the reasons you are claiming it.... they have just but the debtor is justly and truly indebted to us in the aggregate sum of £3,069.69 in respect of ............... and then nothing they have not filled it in.

on another letter from largo it says

petition debt £3069.6

court fee £190.00

service of bankruptcy petition£65.00

solicitors costs £1,755.00

total £4.824.69

also found out that patrick stone has left largo and letters are just signed largo law have tried to talk to someone at largo but they said they didnt have the paper work so could not help

thanks for looking at this Buffy x

Buffy x

 

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on the 6.9 form they have also have put their full name and address as direct line anderston house 389 arygle street but this is the address for allied international credit not direct line our they allowed to do that is that not false information

Buffy x

 

Buffy v Halifax WON all charges refunded

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As a litigant in person you are fully entitled to see the affadavit and the statutory demand......!!! the bankruptcy petition must also contain the name of a person you can talk to NOT a scrawled couple of initials....it is rule 6.2 - A statutory demand must show a named person or persons from the Creditor or their agent/solicitor whom you can contact directly. This is Rule 6.2 of The insolvency Rules 1986

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I will help you on this Buffy, but you must be prepared to stand up in court and fight your corner...and of course I can't guarantee anything, my personal feeling is you seem to have a good case. And don't forget it depends on the judge on the day......let me know the deadline to submit your papers....

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hi thanks for your help i am fine with going to court as long as i know what i am saying i will go back to the court in the morning and ask for copies the affadavit and the statutory demand the court date is 6th july so 2 weeks tomorrow and i will send off a s a r to largo in the morning buffy x

Buffy x

 

Buffy v Halifax WON all charges refunded

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