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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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    • 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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Coil spring problem


gilly56
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My 4 yr old car recently went into a main dealership Bodyshop to have the passenger front wing replaced.Bumper repainted.When I went to pick the car up I noticed a noise straight away which sounded like they had left their tools in bonnet.The noise was there each time I turned a corner or hit minor bump in road.As the body shop had closed i went to the showroom to explain.The guy came out and put his hand under the wheel arch and like magic pulled out the spring.Bodyshop tried to say they hear noises all the time on cars and said it could have happened anytime.They even tried to claim on the other persons insurance.Of course they refused,only right.They dont want to know basically,but it wasnt like that when I took it in and I find it strange that its the side they repaired.

Edited by gilly56
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A spring is in compression all the time, whether the car is in use or parked up , it's always under load, so yes they can go at any time.

 

How badly damaged was that corner of the car?, did the repair involve any dismantling of the suspension?

 

Springs usually crack and over a period of time the crack gets worse until the spring fails. Is there any corrosion on the snapped faces of the spring to show that it has deteriorated over time?

 

It's quite hard to accidentally break a spring whilst repairing another area of a car.

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j66 is not exactly right but not wrong either. Believe it or not it's actually quite easy to break a spring accidentally. As j66 says, when in the car the spring is in compression however this by nature means that the spring is stressed and because of the nature of design has a natural tendancy to bend outwards such as this ) for a right hand side or this ( for a left hand side.

 

A misplaced strike with a hammer that hits the outer edge can cause it to fracture. It is highly unlikey that a spring fails due to normal up and down movement unles of course it is a Mondeo or Vectra. It is also highly unlikely that the spring can fail due to side impacts as it is protected.

 

If you could post the make, model and year of your car it might be posible to narrow down the choices as being an unfortunately coincidental failure with a known issue or a problem that might have been caused by the repair. It would also be good to know the extent of the damage which was repaired and if it was the result of a side impact. If this is the case it is not unreasonable for the estimator to have missed the effect on the spring.

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Hello thanks for that, car is 07 Plate Vauxhall Corsa. My car was stationary and another car reversed into it,not much damage except for a dent on wheel arch area.but that was enough to misalign the wing to bumper etc.

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Vauxhall like Ford have a bit of a problem with springs between certain ages at the moment. Given the nature of the failure you describe it is highly unlikely that the repairer has caused it. It will be extreamly difficult to prove.

 

See what they say but gut feel is that you might have to take this one.

 

As J66 says it is possible to go at any time. The big issue to me is if it did fail, did it fail in a way that endangered you like the Vectra scenario or was contained.

 

Frankly at the moment I'd accept it but go to the manufactuer for recompense. It does look like it's not actually the dealers fault.

Edited by heliosuk
Wrongly attributed to jeepster when it should be j66
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  • 3 weeks later...

springs can break ar anytime with cars , whether they are driven or stationary and going by what you say about the damage in the accident it doesnt really sound like it would have been from that or else there would have been some reasonbly extensive damge to the susupention which you would have known about, also when the car was checked over for the insurance estimate it would have been included in that estimate and replaced accordingly, to be fair to the garage this sounds to me as though the spring has simply fractured after completion of the repair ( perhaps even when driven outside the workshop) , its possible that they may have jacked up the car for the repairs to be done which is then disturbing the sring somewhat compared to how it would have been since it was fitted originally, sometime even that can be enough to then fracture once the weight is then placed back on the vehicle if the spring is already in a weak state to start with, i dont think this is one to place blame on garage , its just a weak spring that has finally given up just as they all do eventually, you never know though they might give you a good price for repair if you ask them considering they had the other job from you !

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  • 4 weeks later...

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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