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    • Email and call your local councillor, their details should be on Google.  Just explain everything to them and they will have the bailiffs off your back in short order.   Do it now, and this could be resolved by tomorrow.  
    • Your latest ramblings make no sense in relation to the issue (which is whether a person hearing an SD can question the maker as to its truthfulness and reject the declaration if they are not satisfied as such).     It's not within 21 days of the hearing it's within 21 days of learning of the conviction of which they were unaware. I don't know what it is you are reading or are referring to but there is no "debtor" involved in an SD that is made to have a conviction set aside. When an SD is heard in court the only officers involved are the court's Legal Advisor and the Magistrates themselves.   I’ve just been looking back at the original post which started all this off to ensure I wasn’t going mad. I’m pleased to say I don’t think I am. Instead I am of the opinion that you did not properly grasp what originally happened to the OP and compounded that by providing incorrect, misleading and confusing advice whilst plucking bits of irrelevant legislation from thin air randomly when you commented. Here’s a few of your quotes and my comments for you to consider.     The OP said no such thing. She said she had moved three years earlier. For some reason unknown, her change of address was not recorded by the DVLA. She said she was happy to accept the speeding allegation. This indicated she was driving (a fact she confirmed absolutely soon afterwards). Nowhere did she ever say she was not the owner of the vehicle at the relevant time.         So, from advice to plead Not Guilty to advice to plead Guilty inside two hours, with no new or additional information provided. Still you mention somebody else being the driver.         What is an “out of time statement” and where and when was one ever mentioned?     Then from the OP:       Your response:       The cause of any confusion was your comments. She said from the outset that she did not live at her old address when the offence was committed (in fact she went to some lengths to explain that was why she did not receive the court papers). Nowhere did she suggest she was not the driver nor that she could not or would not disclose who was.     No it isn’t. A Statutory Declaration voids the original conviction as if it never happened. Section 142 of the Magistrates’ Court Act is not involved with the resurrection of proceedings following an SD. That Section grants the Magistrates powers to re-open cases to rectify mistakes, etc. There has been no mistake here, the Magistrates will not be called upon to re-open the case and could not prevent it being revisited even if they wanted to.   Then we set off into the intricacies of the Statutory Declaration process which is covered above.   I’m not surprised the OP in this particular case became confused. Her matter is straightforward enough (for those who know the law and the process). In summary: She moved; She thought the DVLA had her vehicle registered at her new address but they hadn’t; Her vehicle (with her driving) was detected speeding; She (unsurprisingly) did not receive the notification of that offence or the request for driver’s details; She obviously didn’t reply to that request, she was prosecuted for it, convicted in her absence and without her knowledge.   Happens every day and simple to deal with.   Unfortunately, not when you became involved it isn't. Firstly you grasped the wrong end of the stick by assuming she was not the owner and/or the driver. You advised her to plead Not Guilty on that basis. Then, when you had grasped some idea of what had really happened you suggested she plead guilty to the S172 offence purely on the basis she had moved and the speeding information was sent to her old address. Very poor advice. Then you scared her witless by incorrectly suggesting there was a chance her SD would be rejected if it was thought her declaration may be untruthful. There also followed discussions about the six month time limit for prosecutions and the 21 day limit for SDs to be accepted unconditionally (both totally irrelevant).   I don’t suppose you will accept any of these criticisms but whether you do or not you clearly caused the OP considerable confusion and probably distress. My comments are not based on something I've heard on the net or on barroom (sic) knowledge. They are based on my knowledge of the law and of Magistrates' Court procedures.  It's obvious you will pay no heed to me so when I see any such clearly misleading information provided to an OP by you in this section in future I will simply report it to the site's administrators.
    • Just ignore unless you receive a PAP letter.    Chances are you will run out the clock and it will become SB'd.    
    • Sure I read somewhere that PayPal MADE 2.2 billion dollars in 2018, so I guess losing out on say 10 million a year in negative balance is more cost effective than paying tax in the UK?  Dont get me wrong I’m by no means saying “sod it” they can afford it, I’m just hoping they don’t take me to the cleaners and at least give me time. 
    • I apologise profusely for my actions in this case. I pride myself on my integrity and honesty and I feel shameful for my moment of very poor judgement. As the sole income earner for the family (my wife is on maternity leave), a criminal record would be devastating for us as my employment relies upon a clean criminal record.   On the 22nd I was travelling to London Bridge and needed to connect at Three Bridges. When purchasing my ticket in the morning I only bought a ticket to Three Bridges by mistake.   I made a bad error and I am just so sorry for my actions and the inconvenience caused to all involved.   I am happy to make immediate payment of the unpaid fare and any incurred costs that my mistake have caused.   I would appreciate your consideration and I sincerely hope that you can show some leniency as an criminal conviction would impact my employment and ultimately being able to provide for my family.   Regards   I cant offer to get a monthly ir annual as I only travel a handful of times per year.
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Carl0071

Curry's WhateverHappens Refuses To Honour Their Own Policy

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3059 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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Thank you

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Ok, in short this is what's happened so far...

 

1) Bought a high-end digital camera in October 2007 with a 5-year Whatever Happens policy.

2)Camera won't power on in July 2010. Item is booked in for repair on 20th and is collected on the 26th July 2010.

3) Camera is written off on 23rd August 2010 and a voucher number is issued on 25th August 2010 for a camera of equal specifications.

4) I went into a local Curry's store and the sales assistant advised me which camera was equal to my old one.

5) At the till, I am told the voucher doesn't even cover half the cost of the equivalent camera.

6) I am told to call Whatever Happens from home and get them to upgrade the value of the voucher.

7) I am told by Whatever Happens that they won't upgrade the value of the voucher because the camera I bought in the first place was Clearance (NOT graded, ex display, pre-owned etc..)

8) I am offered a Panasonic G1 which doesn't have Movie Mode (Which I used a lot!) and it only has a 14-42mm zoom (compared to an 18-300mm zoom I had before!).

9) Curry's INSIST this camera is better than the one I had.... not likely....

 

Anyway, I am told that even though I bought an £800 digital camera in 2007, because it was on Clearance at £229.97, I am not entitled to an £800 camera today, even though nothing cheaper has the same specifications! I paid £89.00 for the 5-year Whatever Happens which I paid for in full there and then.

Their Whatever Happens policy clearly states 'If the item cannot be repaired within 28 days, you will be given vouchers to purchase a product of equivalent specification'..... But Whatever Happens customer service claim that this isn't the case for clearance cameras, even though it DOES NOT state that ANYWHERE on the policy, nor does it mention a maximum value they will offer.

 

Does this sound right to you????

Edited by Carl0071

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Hello and Welcome, Carl0071.

 

I'll move this thread to the Currys Forum where hopefully you'll get some help.

 

I've sent you a Private Message.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Help keep it up and active, helping people like you.

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RIP: Rooster-UK - MARTIN3030 - cerberusalert

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the vouchers cover you to replace the camera with one of the same specification as the one under policy. If you have not been given sufficient to do this, you need to query the voucher amount with whatever happens. AIUI.


The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

If my post has helped you please click my scales!

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I already did that, but they're saying that they never upgrade vouchers on products which were clearance - even though it doesn't say that in the WEH agreement!

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There should be an address you can write to. If the model they are equating it to is not the same specification you need to write and state why this is inferior. The call centre were probably trying to fob you off.


The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

If my post has helped you please click my scales!

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Ok, I will give them a ring tomorrow because they closed at 6PM. Thanks

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I don't agree. Put correspondence in writing, or email, so you have a record of what is said.


The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

If my post has helped you please click my scales!

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Hello,

 

Sorry to hear about the troubles your having.

 

What you need to do is go into the store and the store needs to call coverplan internally and request "A Voucher Increase Form" which will be sent through via email.

 

The store then needs to fill this out with the reasons and email it back, coverplan will then review it.

 

Its regardless about how much it was, its spec for spec. Ideally you need to pick a feature from the old camera and pick it on a new camera and state it needs to be spec for spec

 

Hope this helps

Chris

Tech Guys

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I have read the agreements for the cover and the version I seen had an asterisks and it indicated that if the item is a clearance of managers special you are given the value you paid for it back in vouchers. ( I imagine this was to do to possible abuse). Run a fine tooth comb over your agreement if you are 100% sure if does not state this then raise this with a MEDIC? i think they are called, as they are imposing terms you have not agreed to (however again with the one i seen they had the option to change terms and conditions at anytime, making it useless). If you get no luck with them try writing a letter to Gary Perryment (i think its still this guy) and then see what happens

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Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.


Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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