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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.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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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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Advice needed please


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Please could someone tell me, if you have a debt that totals £500 and the charges on this debt are £251 , thus meaning the actual amount owed because those charges are unlawful is actually just £249. Am I right in thinking you could claim back those charges therefore covering the amount of the real figure owed? or no?

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You can certainly reclaim unfair and unlawful charges, have

a read through the forums post, theres lots of good advice

on this subject.

Is this a hypothetical question or a problem you have

currently.?

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to be honest I'm not sure, I know that sounds a bit strange but none the less true. I got myself into a bit of a pickle a few years back (2006/7) , was moved out of my house into emergency accommodation, my ex was abusive, there's a year or so there where I don't much remember a lot of what was going on , was pretty depressed. Anyway I have a few of these debt collection agencies now asking me for money, one of them is in relation to a debt I have asked them to send me an agreement for but, they say its a catalouge debt so they cant because this type of account dosnt have an agreement, they did send me a print out and on it lists the items/prices/charges etc the charges are over half the amount of the total they say I owe....no account number on the print out.. nor my name, just like an excel sheet.

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That's meaningless, all catalogue accounts have regulate agreement,

even if it is on a response coupon from a newspaper or the like.

Who is chasing this one and which catalogue company is it?

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That really is a load of Cr*p to my mind there is a mountain of

threads and posts on this mob, I believe when you make your first

purchas an account is opened for you I seem to remember

those exact words being used.

Aktiv are prone to pursuing these types of debts, and being vague

in the hope that a proportion of the people they contact will pay up

on debts they've bought for pennies.

 

Are they pressing hard at the moment if you can give me a little time

I'll do a little ''digging'' and find out about their accounts.

 

Brig.

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The man who is writing to me has basically said He wants to know the dates i lived at the address the catalogue was opened at and he wants to know my opinion on the print out He sent me...

I'm not going to rush to answer him and I'm grateful for whatever you can find out

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Hi I'm so quick I met meself coming back:madgrin:

 

JD Williams application from and advert:

 

''Right to refuse application is reserved.

When we accept your order,this will also act as a request to open a credit

account for you subject to status.We search the file s of credit reference agencies who

record the search and we will share information about you and the conduct of the account

with them AND OTHER LENDERS and relevant third parties (DCA's I suspect),

Information about you and those you are financially linked to will be used

to verify your identity and the credit assessment of you and or members of your household.

 

We will also use your information including shopping habits to open and run your credit account.

Including payment recovery, fraud prevention and debtor tracing etc

There is no mention of CCA 1974 but a credit contract it surely is.

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See the post that has just crossed I will find out the status of these accounts.

 

Brig.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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