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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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I have two bailiffs on my drive at the momment


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Thanks WD

 

In actual fact the same judge has sat on the three occasions and reserved the counterclaim for himself he has put on file that only he is to hear case. We would love for a different person to hear it as we feel that this guy is not giving us a fair hearing. This is why we need to get to complain and get all evidence considered.

 

Cheers Anthony22

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In which case this Judge must have given "directions" as to the deadline for each side to submit documents they will be relying on in Court and it is usual for the Judge to set the date he will continue with the hearing, within the same summary, is this not the case in your situation?

 

WD

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In which case this Judge must have given "directions" as to the deadline for each side to submit documents they will be relying on in Court and it is usual for the Judge to set the date he will continue with the hearing, within the same summary, is this not the case in your situation?

 

WD

No, at the first hearing I asked about her equipment he said write to him we have done he has not read the letters or considered the supporting documents ie GP letters. We were last in court 5 weeks ago we have yet to receive any orders from that hearing and no date for the next. The admin at the court is apauling but we feel the judge is biased we would be very happy to be heared by another judge. Is he allowed to reserve the case for himself? which he has done

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I have gone through your thread with a tooth comb and can see you make a reference to your wife having made a "counterclaim" now if I am correct, this should have been a 3rd Party claim to the ownership of the goods, it is nothing to do with a "counterclaim" as the two are distinctly different.

 

If you have made such a 3rd party claim then IMO it should be dealt with outside the "counterclaim"and there is no excuse for it not to be.

 

WD

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The argument is not over who uses the equipment but who is the legal owner - in other words who paid for it and does that person have the receipts etc to back that up. On the other side of the coin is the National Standards for Enforcement Agents http://webarchive.nationalarchives.gov.uk/+/http://www.dca.gov.uk/enforcement/agents02.htm#part10 trying to get the HCEO/Claimant to abide by these for the use of the goods.

 

PT

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Hi WD

 

I made a counterclaim which the same judge has reserved for himself, my wife made a 3rd party claim immediately concerning her property. He has ignored all her claims to the property even though she has sent supporting documents evidence from GP etc. The counterclaim is yet to be heared though he is not releasing the rehab equipment and has not looked at her supporting evidence. He stated once after reading the statement of the HCEO (all made up!) that I had control of the equipment. We have sent statements etc and photographs that proves that the HCEO statments were made up. He has not even looked at any evidence that supports my wife's claim to the property. This is the annoying thing and when asked why he has not looked at the documments sent to court he just says he's not here to answer questions. We feel he is totally disregarding the health and welfare of a sick and disabled 3rd party and we can do nothing about it

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No, at the first hearing I asked about her equipment he said write to him we have done he has not read the letters or considered the supporting documents ie GP letters. We were last in court 5 weeks ago we have yet to receive any orders from that hearing and no date for the next. The admin at the court is apauling but we feel the judge is biased we would be very happy to be heared by another judge. Is he allowed to reserve the case for himself? which he has done
Yes he is allowed to do this as it saves another Judge from having to plough through the file to familiarise themselves with the complexities of the case.

 

If you are disatisfied with the way the administration is being handled by the Court you have a right to complain to the Court Manager in the first instance, but like everything there is are procedures to be followed every step of the way.

http://businesslink.gov.uk/bdotg/action/detail?itemId=1084474599&type=RESOURCES

 

 

 

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Hi PT

 

the owner is and the sole user is my wife, no matter what we send to the court the judge is not looking at it what can we do. We have contacted the bank for statements but they dont go back as far as when she bought it. We dont have the invoices (over 10 years ago) but we have provided medical evidence that she needs and uses the equipment but he has not even looked at this. We feel he has made is mind up on the lies (which we can show in statements and photos sent to the court, which he has not read) in statement of the HCEO which is all he read.

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Yes he is allowed to do this as it saves another Judge from having to plough through the file to familiarise themselves with the complexities of the case.

 

If you are disatisfied with the way the administration is being handled by the Court you have a right to complain to the Court Manager in the first instance, but like everything there is are procedures to be followed every step of the way.

http://businesslink.gov.uk/bdotg/action/detail?itemId=1084474599&type=RESOURCES

 

 

 

 

Hi WD,

 

sent a recorded delivery letter to the court manager concerning the admin, have a guess what?

 

Didn't even get a reply!

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"We feel he is totally disregarding the health and welfare of a sick and disabled 3rd party and we can do nothing about it"

 

what a lovely story for the national press?

 

This is the case I expect it from the HCEO and his henchmen but we feel the judge is hand in hand he is a local solicitor now judge I feel he might have known the HCEO who is also a local solicitor of the same age. We cannot get passed the court system. All we want is to be fairly delt with and more importantly for my wife to be left out of this all together

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Funny handshakes then? maybe the press is an option

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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