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    • 05.05.24 Ever so sorry if I have entered this in the wrong part of this website.   My grandfather is in his 70's and retired.  He asked me to help him find a work pension that he was paying into when he was working. From 1967 - 1982 he worked for a Fabric Dying Company, Celanese, Spondon Derby UK. I have already used the GOV.uk Trace Pension Scheme. It listed a few pension companies : Akzo Nobel (CPS) Pension Scheme formerly Courtaulds Pension Scheme.  I do not fully understand how this works but I think this scheme is administer by a company called Willis Tower Watson. We have called this company, got through to the pension department submitted all my grandfather's details (D.O.B. , N.I. no. etc.) but that agent tells that they have no record of my grandfather and ask what is the name of the pension scheme. Here is the problem, his home was burgalled in 2005 and a briefcase which contained his legal documents was stolen. So he does not know who was the Pension Scheme company. I have a this phone number 01332 681 210 for Celanese but it just rings and never gets answered. So I am asking for help if anyone can tell us where we can try next. I am also hoping for a massive long shot that one of them members on this website, worked for or knows someone who worked for British Celanese Spondon Derby and could tell us of any pension company. Thanks for any help.
    • Well I sent them the letter of claim, the only responses so far was a few emails reopening the claims on the parcels where they asked for information such as proof of value (which I get) but other things like photos of the parcels, which I haven't got as I never took photos of them. It's been well over the 14 days since I sent the letter now anyway, so what do you think I should do now?
    • Know it has already been answered, but? Does not explain why JCI has registered a different default date when they get the information from the original creditor, Virgin
    • Since you were stopped at the time there is no requirement for the police give you anything there and then or to send you anything before they have decided how to deal with the offence.  They have three choices: Offer you a course Offer you a fixed penalty (£100 and three points) Prosecute you in court  The only option that has a formal time limit is (3). They must begin court proceedings within six months of the date of the alleged offence. Options (1) and (2) have no time limit but since the only alternative the police have if you decline those offers is (3) they will not usually offer a course beyond three months from the date of the offence and will not usually offer a fixed penalty beyond four months from that date. This is so as to allow time for the driver to accept and comply with their offer and to give them the time to go to option (3) if he declines or ignores it.  Unless there is a good reason to do otherwise, the action they take will usually be in accordance with the National Police Chiefs' Council's guidance on speeding enforcement. In a 40mph limit this is as follows Up to 45mph - no action. Between 46mph and 53mph - offer a course Between 54mph and 65mph - offer a fixed penalty Over 65mph - prosecution in court So you can see that 54mph should see you offered a fixed penalty. Three weeks is not overly long for a fixed penalty offer to arrive. As well as that, there has been Easter in that period which will have slowed things down a bit. However, I would suggest that if it gets to about two months from the offence date and you have still heard nohing, I would contact the ticket office for the area where you were stopped to see if anything has been sent to you. Of course this raises the danger that you might be "stirring the hornets' nest". But in all honesty, if the police have decided to take no action, you jogging their memory should not really influence them. The bigger danger, IMHO, is that your fixed penalty offer may have been sent but lost and if you do not respond it will lapse. This will see the police revert to option (3) above. Whilst there is a mechanism in these circumstances  to persuade the court to sentence you at the fixed penalty level (rather than in accordance with the normal guidelines which will see a harsher penalty), it relies on them believing you when you say you did not received an offer. In any case it is aggravation you could well do without so for the sake of a phone call, I'd enquire if it was me.  I think I've answered all your questions but if I can help further just let me know. Just a tip - if you are offered a fixed penalty be sure to submit your driving licence details as instructed. I've seen lots of instances where a driver has not done this. There will be no reminder and no second chance; your £100 will be refunded and the police will prosecute you through the courts.
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Creditor has made claim through court - **STRUCK OUT - THEN REINSTATED**


Kazzie
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I think any Witness statement/defence needs to be with the court and the opposition 7 days prior to the hearing, so although you probably have a bit of work to do - you do have a bit of time in which to do it.

 

You need to go through all their assertions and see if there are areas that will need questioning - proof - rebutting.

Ok thanks, but I'm really not sure what questions I should be asking other than how was it possible that something like this could happen? It would be helpful If someone could assist me with this.

I don't know the specifics of how things work when a solicitor 'actions' a trial date so I wouldn't know the specific questions I should ask.

As I can't fill out a witness statement with any confidence as to the content, my feeling is that we should just turn up on the date and ask the right questions.

Any help with these questions would be appreciated.

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Hi

Ive just read your thread as I love success stories but obviously this has a kick

 

What I would ask is this; If they claim they didnt know of the hearing hence no attendance, why did they send in a court bundle.

It would seem they were aware of the hearing date therefore.

It, IMO, is hardly your fault then that anything subsequent hasnt been managed by the solicitors

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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Hi

Ive just read your thread as I love success stories but obviously this has a kick

 

What I would ask is this; If they claim they didnt know of the hearing hence no attendance, why did they send in a court bundle.

It would seem they were aware of the hearing date therefore.

It, IMO, is hardly your fault then that anything subsequent hasnt been managed by the solicitors

 

Excellent point. The other point has to be – would a defendant be allowed a set aside because they ‘forgot’ to turn up?

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They are implying almost that every single one of their actions requires an instruction, which is nonsense. This should be fun in court.

 

“So, Hegarty’s, when your client instructs you to prepare and send a bundle to the court, does it instruct you seperately to actually attend the hearing?” Killer question. The answer in my experience would always be “no”. End of the excuse.

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I was waiting for someone to pick up on the Bundle point did they even submit their Pre Trial Check list (N170) also? I really cant see the DJ allowing the set a side here

WS of objection required to the above 2 points and other points raised should suffice.

 

Andy

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Few, nice when people agree

I think thats why its been allocated 15 mins. The judge knows its in and out.

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Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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Few, nice when people agree

I think thats why its been allocated 15 mins. The judge knows its in and out.

 

:thumb:

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Best to research other cases of theirs on CAG that have gone to court and ask the OPs what happened in court. Eg. who turned up, when and from where bundles came, etc.

 

Moreover - worth looking at what was in the bundle. Maybe you can also screw them on the evidence.

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30/45 mins usually the norm DB on a set a side, Kazzie has been served Notice and the application required an hearing.The DJ has alloted 15 mins to dispense with the matter IMHO.

But we will see.....

 

Andy

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I suppose a judge (lottery) might just as easily have made up his mind the other way? If it's the same judge, I doubt it, judging by his comments. Let's hope so.

 

We're there any serious deficiencies in the bundle, Kazzie?

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In my case, a local solicitor turned up,also on the day I got a letter from Idiots Ltd, telling me that they had changed sols and would be representing themselves.

 

in any case their witness statement was submitted late, and the judge was less than impressed.

 

also they misquoted the interest alledgedly owed by a fair whack, which again was looked upon with distain by the Judge

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I am going to amend title as it is no longer struck out.

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Thanks very much for all the great advice, I have something to work with now and feel much more confident going into this! Yes, we will have the same judge as we did before. :-)

Well done PGH - I was following your thread when I started mine but i didn't realise you had had a result!

 

Could someone tell me what they mean when they ask for "No order as to costs"? Are they asking the judge to refuse any request from me to claim costs?

 

If we win I'll definitely go for costs this time. I'm presuming I can no longer try to claim costs for the initial hearing, only this one? I wouldn't know what would be a reasonable amount to claim for, and what exactly I can claim for. Is there a guide on here that someone could point me in the direction of please?

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No orders for costs is for them Kazzie but not for you,in your WS you ask for Costs for attendance and preparation.£18.00ph and £90 for the day off work and attendance.

 

Andy

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I still haven't recieved a copy of their AQ. I rang the court and they confirmed that it has been filed and that the claimant should have sent me a copy, but if I want one I have to request it from the court in writing!

 

 

Hi Kazzie

 

From your post #67, did the court provide you with copy aq.... if so who filed - I.N.D or Hegs?

 

Also, what was the alleged date of assignment?

 

Phil

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No orders for costs is for them Kazzie but not for you,in your WS you ask for Costs for attendance and preparation.£18.00ph and £90 for the day off work and attendance.

 

Andy

 

Ok thanks Andy. Can I try to claim for the last time we were in court as well (when the claim got struck out and the judge put us off of it) or have I missed the boat on that one completely!

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Hi Kazzie

 

From your post #67, did the court provide you with copy aq.... if so who filed - I.N.D or Hegs?

 

Also, what was the alleged date of assignment?

 

Phil

 

Hi Phil - sorry for delay in replying!

 

No I never did recieve a copy of their AQ from the court but I have the copy of it from their bundle. It is signed by the 'Claimant' (the Counsel/Solicitor part has been crossed out).

 

The alleged date of assignment was 7/7/2011. The first I heard of it was in October 2011 when I recieved IND's Letter Before Action plus a copy of the alleged assignment.

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Hi Kazzie

 

Were you served with a notice of change at any point following Hegs appointment in the case?

 

If not, include in your witness statement.

 

I'm a bit lost with their application tbh, can't find any procedure that would allow them to restore a money claim that has already been to trial. Can't find any basis for a set aside either?

 

Try picking Andy's brains to see what he can come up with

 

Phil

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  • 3 months later...

This is still going on...and on...and on....

Have been reluctant to post details as certain points will make me easily identifiable and I do not wish to give them a heads up, though I will be happy to post all of the details once this is over.

In a nutshell I have been asked to provide info on a specific point of law within 14 days. Is there anyone out there that knows their stuff that can help me with this by PM please?

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This is still going on...and on...and on....

Have been reluctant to post details as certain points will make me easily identifiable and I do not wish to give them a heads up, though I will be happy to post all of the details once this is over.

In a nutshell I have been asked to provide info on a specific point of law within 14 days. Is there anyone out there that knows their stuff that can help me with this by PM please?

 

If you care to PM me the full details I'll pass it on to the rest of the team and we can have a look at it for you.

 

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