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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.

      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
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As per the Representation of the People Regs, you are supposed to return the annual forms back to the council, else, face prosecution and a Level 3 fine.

 

As far as I can tell most of the people who end up in court are of the "activist" category or otherwise draw attention to themselves.

 

However, if I presumably just ignore the letters, there's not much they can really do, is there?

 

I would also assume that S7 Interpretation Act 1978 would allow a defence of "I put it in the envelope and posted it"???

 

Has anyone had any dealings with these sort of issues before?

 

My (main) concern is last time I completed one of these, I specifically opted out of the marketing register, yet the council ignored that!

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All I can say is it's so long since I sent one of these things back to the council that I forget how many years. I object to parasite companies like Experian who spy on residents with obtained data either given or sold to them by local authorities.

 

I have only ever had threats of fines which I've just ignored. Come to think of it, they have never taken any further action against me for ripping the census form into shreds and sending it back in the return envelope. I can't say if this happens in all cases though obviously.

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I think, ignoring the letters should get you away with it, in the past I have done exactly that for the same reason, that despite ticking the opt out box in the prior, my name had still gone into marketing. I am sure it is all "accidental" and not because more money can be made for a fuller register!

 

To prosecute you they would have to prove wilful evasion, and apart from the activists, that is near impossible to prove.

 

The letters are not sent out registered/recorded, so it would be impossible to prove you had one - the key is, if you are approached, either by telephone, or by someone at the door, then really, the game is up, you cannot claim "I did not know" and continued refusal will probably see you fined. Though, iirc, from the Census videos around, I think a lot of Census activists refuse to identify themselves if someone does come to the door, so I suppose it depends how far you want to fight, and whether its worth enough for you to risk a fine.

 

I personally think the entire thing needs to be completely revamped. The marketing aspect needs to be completely removed, and the form itself given the legal status of say, our council tax file, ie nobody outside of the Council can set eye on it.

 

I think it is absolutely disgusting, that no matter what opt out you take, Political Parties are given full electronic access to the database!!! Yes, the likes of the BNP or any unpleasant political group you care to name have access to your address and details!!!

 

I worked running the IT and doing all the design/typesetting work in a business that rented rooms from the Lib Dems in a Liberal Democrat local HQ/party/constituency office. They once had major problems with their PC blowing, and so the Boss agreed to let them have access to a couple for a few weeks. When I got my PC's back they were all fully loaded with the complete electoral databases, and all manner of other confidential stuff. Given such lax security, I have no wish for parties to have my data.

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...I would also assume that S7 Interpretation Act 1978 would allow a defence of "I put it in the envelope and posted it"???....

 

This is the kind of reply the council would give to a resident who never received a council tax summons, and therefore had no idea he/she was being pursued by bailiffs. The consequence being that the householder would have no defence as the council had sent it.

 

So I should say "What's good for the goose is good for the gander."

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This is the kind of reply the council would give to a resident who never received a council tax summons, and therefore had no idea he/she was being pursued by bailiffs. The consequence being that the householder would have no defence as the council had sent it.

 

So I should say "What's good for the goose is good for the gander."

 

As is a denial of receiving it in the first place!

 

It's like the OP mentioned, the only people who get fined are the activists/freemen who make a big rigmarole of it. Same as C Tax imprisonment, its only the self claimed folk heroes who generally get a custodial for "taking a stand"

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