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    • Just an update for all. I received about a letter every other week, increasing in threat levels. Then I hadn't had one for a about two weeks, then Saturday received a carbon copy of the very first letter they sent me in February. 
    • So, your response was not received by the SCP as you did not send it with a valid stamp. Therefore, from my two option in post #14, the first option is the only one available to you, but you do not have the option of asking to be sentenced at the fixed penalty level as the reason the SCP did not receive your response was down to you. Here's a reminder of what to do: Respond to the SJPN by pleading “Not Guilty” to both charges. In the “Reasons for pleading Not Guilty” box state that you are willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped. This is a tried and tested method to deal with your problem and is almost always successful. Before the pandemic it was necessary to attend court to do this "deal" because it needs the agreement of the police prosecutor.. During the pandemic courts made every effort to have as few  people as possible attend and they began doing this deal under the "Single Justice" procedure without the defendant's attendance. Some courts have carried this procedure on whilst others have reverted to a personal attendance being necessary. If you are required to attend, your case will be taken out of the SJ procedure and you will be given a date for a hearing in the normal Magistrates' Court. If that is the way they do it in the area involved you will have to attend, see the prosecutor and offer your "deal" in person. 
    • what device are you using? copy all the questions then come here to this thread and paste them. then answer each question click on red give answers here. when done  hit submit reply bottom right.  
    • No because it's locked. You need to copy the relevant part of the questionnaire and paste it into this thread. That way you can overwrite. HB
    • Hi  I'm not able to overwrite the red writing to give answers on the questionnaire.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like

Cap1 & CCA return


tamadus
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This is why it's important to go into court with written backup for every assertion that you make, or could make during the defence. Then if you do get a know-nothing judge you can show him / her a copy of the appropriate section of the legislation there and then.

 

When I was last in court, even though I was only up against Turnbulls :D I went into court totally tooled up - I almost needed a trolley to carry all my binders containing copies of acts, case histories and precedents, and commentaries. It was a good feeling when the opposition solicitor had to admit to the judge that he hadn't even got a copy of the CCA with him and I had! :grin:

 

This was a case management hearing, therefore I saw no need to take everything with me, I only brought this up since the other party were talking to the judge about striking out my defence at this hearing and the judge sat there listening to her and in the end he asked her if they had served me a notice to say they intended to bring this up at the hearing and she said no here the judge said in that case we can't talk about striking off my defence.

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I am having success, it costs me nothing but postage and I have completely rejected the CCA.

 

:)

 

You first signed up some 18 months ago and today is your 1st post.

 

you mention you are having success, can you start your own thread and post details of your success stories so interested caggers can follow.

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I am very happy to provide links to forums and helpful completely free sites that I am involved with that are helping many others in the UK with a different approach.

 

As you point out, I joined 18months ago and researched this site intensley for months on end. I utilised templates, made phone calls, I did everything. My thoughts were to use the CCA and record all my success here. That explain anything for you?

 

Anyway, im not in this for any reward apart from helping others see what could be an additional approach and what harm is there in that? I became very dissappointed with the CCA route and about a year ago I came across the information why it has limited results.

 

You can see this information for yourself and make a decision from there, I only ask people to keep an open mind. There is always CCA to continue with or fall back on.

 

Too many closed minds here to start a thread, I have learn't that in just half a day.

 

Peace to you all

 

Terry :)

 

Terry

 

This thread is quite complicated as it is for most of us. That is why I suggest a new thread.

 

You obviously been very busy on the other sites whilst researching using this site, would it not be better if you put a link on that site pointing all the knowledgeable people to CAG.

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at the moment the courts decision making process is predicated upon the fact that these are national/international institutions and could not possibly be wrong or have not followed the correct procedures- let alone falsify anything

 

 

Correct

 

With the recent outcome of cases it seems little point of CCA 1974.

 

A lender can come up with any number of bits of paper and say that this is the agreement.

 

They can re issue or rectify a DN

 

When they get it wrong they just say -oh it's an error

 

When they get got out with their own documents then they claim- it's privileged information between them and the lawyers.

 

and the judges seems to be buying all the crap from them, it's become more of a burden of proof on the defendant to disprove the Claimants case.

 

I THINK it's about time that we told the judiciary that the law is there and they can't change it piece meal without going through the parliament.

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Ok

 

What you are confusing here is closing the account as opposed to termination.

 

Any party can close the account, provided you then discharge any liability in line with the agreement i.e. in respect of credit card pay the monthly minimum balance etc.

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