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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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      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
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County Court Claim - Hillesden Securities


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Hi Battlescars

 

There is no notification of a stayed claim (the AQ is just not released) If the Claimant leaves it past 28 days and its stayed they then have to make application to lift the stay ( most are on Notice some not ) so you need to check with the court not only is it stayed but have there been any applications, occasionally.The longer it is left stayed the more you should consider lifting the stay and possibly striking out.

 

Andy

 

Cheers Andy. Nothing to do with me...yet (I'm not that far down the line), I was just wondering.

Just trying to get the time to get my stuff scanned, edited and on really. What docs shouldn't I post up, if any? Don't want to affect my defence you know.

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Its entirely up to you as long as you obscure anything identifiable and keep figures rounded up.Its how much you want to divulge and how much assistance you require.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Its entirely up to you as long as you obscure anything identifiable and keep figures rounded up.Its how much you want to divulge and how much assistance you require.

 

Regards

 

Andy

 

Thanks again Andy. I actually don't mind putting it all up, as long as "they" don't work out it's me. Looks like I have a scanning (took me a few hrs other night and still ain't finished) and editing job for tonight then. Is it easy enough to start a thread? (I've been doing so much reading lately, I actually haven't read about starting a thread.

 

Cheers

BS (PS. I think I'm almost at 10 posts):whoo: (and my smilie seems to be working now) :whoo: !

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Just below the coloured tabs for the CAG magazine and things at the top of the page, you will see more tabs starting with 'The Consumer Forums' to the right of this, there are other tabs, one of which is Legal Issues

 

Click on legal issues and you will see a blue box to start a new thread.

 

Shout if your stuck Battlescars!

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Just below the coloured tabs for the CAG magazine and things at the top of the page, you will see more tabs starting with 'The Consumer Forums' to the right of this, there are other tabs, one of which is Legal Issues

 

Click on legal issues and you will see a blue box to start a new thread.

 

Shout if your stuck Battlescars!

 

Thanks Dotty. I'm back and I think I'm ready.

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Hi guys thanks for all your reply's, I managed to phone northampton who advised me the claim is stayed, and I can leave it until they lift the stay or I can apply to court for strike out, any ideas what I should do?

 

Thanks

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  • 8 months later...

Hi,

 

I have just received a letter from DLC stating as follows:-

 

Without prejudice save as to costs

 

Dear xxxxxx

 

We write further to your request for information made pursuant to CPR 31.14 and your sebsequent defence.

 

please find enclosed a copy of the agreement to which this matter relates together with a statement depicting the balance due.

 

Due to archiving by the original lender, retrieving the remaining requisite documentation is taking considerable time and we apologise for the delay. It will be forwarded to you as soon as it becomes available.

 

With a view to bringing the matter to a swift conclusion, we are prepared to offer a substantial discount to close our file. Should you wish to discuss this further, please do not hesitate to contact our offices.

 

yours.

 

 

I will give some details about this claim.

 

 

sent CPR31.14 on 19/03/12 requesting:-

 

1 The agreement

2 The assignment

3 The default notice

4 The termination notice

5 Statements, to substantiate that the amount is correct.

 

Submitted embarrassed defence on 05/04/12 after not receiving request for CPR31.14

 

Claim was stayed in may 2012

 

and now i receive this letter

 

Please could someone help me in this matter

 

thanks

 

 

 

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They appear to be doing this quite a lot a the moment - seems they are not too sure of themselves.

 

It is up to you really.

 

Would you be interested in negotiating for the sake of closure ?

 

If so, then perhaps you should decide what you would be able to repay - if you could do it by a one off or instalment plan over a period of time.

You would only agree if it was done by way of Consent order, which they would pay for - that each side be responsible for their own costs that your credit files are updated to reflect total full and final and they stop further recording.. That they give their absolute assurance that this will be the end of the matter and there will be no more selling on to 3rd parties of any of the discounted balance !. This has happened before

 

You might want to wait for others to chip in to see the best way forward - how you would present your case to them.

 

I will alert others on site team for input.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks for your reply citizenB,

 

I could possibly negotiate but that depends on how much it will be.

 

what if they cannot get hold of the other information? they only sent the agreement and copy of statements on computer screenshots

 

will the time limit on the cpr31.14 not be taken into account by the court?

 

and If i do negotiate will that prove I owe the whole amount?

 

thanks

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Thanks for your reply citizenB,

 

I could possibly negotiate but that depends on how much it will be. - Precisely

 

what if they cannot get hold of the other information? they only sent the agreement and copy of statements on computer screenshots - I think you need confirmation from others on how strong your case is - if it were me and I felt I had a strong case, then i would say, sorry no - I believe my case is strong and I want my day in court. But - that is me.

 

will the time limit on the cpr31.14 not be taken into account by the court? How do you mean ? The court might wonder why they didnt have this information before the issued the claim. Why they have taken so long to say they cant get hold of the documents that underpin their claim - how it will affect things, I simply dont know.

 

and If i do negotiate will that prove I owe the whole amount? - there is that to be concerned about, yes . It would need someone with more knowledge to suggest a way out of that.

 

thanks

 

have alerted site team for you.

 

I doubt there is any great urgency as you havent suggested they have given you a reply date. So wait a couple of days for others to comment :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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you need to dind out WHAT the 'discount' IS

 

i bet you've heeps of PENALTY charges or PPI.

 

did you ever SAR the OC?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi dx100 thanks for your reply

 

I am not sure how to communicate with them at this stage as they have not given all the information i have requested via cpr but i wouldnt mind coming to an arrangement if they agree to an amount which I can pay off and close this account for good.

 

I dont think I had PPI on this account but there maybe some penalty charges as the original loan was for 25000

 

I have never sent an SAR to the OC

 

thanks

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then you must

 

else its pure speculation without PROOF

 

that you owe ANYTHING

 

hence the discount offer

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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There is a draft letter in the CAG library - scroll down the page and choose the one that suits you and amend if neccessary.

 

http://www.consumeractiongroup.co.uk/forum/content.php?609-Can-t-find-the-letter-you-want-Look-here

 

They have 40 calendar days to comply - you will need to include £10.00 with the request.

 

Send it for the attention of their data controller

 

In theory, you are supposed to be provided with ALL data in respect of your financial relationship with the company, but you might need to specify if you want certain things.

 

You definitely require sight of statements since inception - communication log (diary of events)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Seems to be the trend with certain claimants offering discounts to conclude their claims...using the court summons as a debt collection tool.Hence the WP so it cant be offered as evidence that this is what they are doing..... unknown to the courts.

 

... I would advise an application to SO considering the length of time its been parked.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Thanks for your reply Andy and Cb,

 

I would be interested in going for strike out but not sure how to go about it, Just looked at some threads which says i will need to apply with n244 form, thats all i know.. will appreciate any help on this please guys,

 

I have a question aswell, If I apply for strike out, could the court say "well atleast you got the agreement and the statements, that should be sufficient to prove you owe the whole amount"

 

or will the court recognise the need for all the documents asked in the CPR?

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Can you get away with answering a CPR request on a without prejudice basis?

 

 

I wouldnt have thought so - it is a legal request !

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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