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    • 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.
    • Looks similar to you original email to their Complaints team. I dont rate copypasta for a CEO complaint. Rewrite it with emotion involved as to how badly this is affecting you and make them feel embarrassed for their actions... 
    • Well, not quite the trouncing they deserve, and Andy Street suffering - despite distancing himself from the poops and being a good mayor (and despite the rather ridiculous muslim voter labour boycott across regions - did they really want the tories to stay in power?) - But not bad at all The Reformatory goons managed two council seats didn't it - out of over 300 they tried for ..     
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    • We have finally managed to obtain the transcript of this case.

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Sigma SPV1 Ltd court claim form for M & S store/credit card***Discontinued**


cleo4patra
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cleo4patra...keep fighting them.I am one of the many who have fought off the laughable suggestion that M&S have an enforceable cca when they produced no more than an application form seriously lacking in the necessary prescribed terms of an agreement.My case went as far as a court hearing....a place none of us wants to be before they backed off completely and ran off with tail between legs...I am still fighting to get all adverse credit info removed but now have the backing of a court order in my favour.Fight them and you will win.Let me know if you need any help or guidance and I will do what I can to help.

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cleo4patra...keep fighting them.I am one of the many who have fought off the laughable suggestion that M&S have an enforceable cca when they produced no more than an application form seriously lacking in the necessary prescribed terms of an agreement.My case went as far as a court hearing....a place none of us wants to be before they backed off completely and ran off with tail between legs...I am still fighting to get all adverse credit info removed but now have the backing of a court order in my favour.Fight them and you will win.Let me know if you need any help or guidance and I will do what I can to help.

Thanks beetle 1234 - I may take you up on that!!!

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Thread moved to M&S forum as requested.

 

:)

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Thread moved to M&S forum as requested.

 

:)

 

Thanks slick :)

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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

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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

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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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Hello Cleo!

 

Thanks for the PM.

 

I would just send Rockwell a letter saying you acknowledge their response, and you have noted the fact that they are not willing to respond to a Statutory s78(1) Request. This confirms they have no rights to demand any payment from you, nor to make further contact with you on behalf of M&S.

 

You may like to suggest that they acquaint themselves with The Consumer Protection from Unfair Trading Regulations 2008, and s78(6) of The Consumer Credit Act 1974.

 

Also send them a copy of this:

 

OFT imposes requirements on Mackenzie Hall to improve handling of disputed debts

 

...just to make it clear what the implications of their s78(1) Refusal are, and how the OFT expects the holder of a Consumer Credit Licence to conduct themselves when handling disputed Agreements.

 

Close by saying the alleged Agreement is in very clear dispute and, until such time as they furnish you with an enforceable Agreement, you will not converse with them any further.

 

In the light of the above, any further demands for Payment by them will be reported to The Office of Fair Trading (don't bother with FOS, they are a complete waste of space), and will be regarded as harassment.

 

Cheers,

BRW

Can you believe it!!!!! Rockwell have beein instructed by M & S to re-open the file!!

 

M & S have told Rockwell they have provided all the documentation requested (the fact that it is a load of rubbish obviously they omitted to tell Rockwell)

 

I am in despair - if I explain to Rockwell what M & S have done I am completely showing my hand - HELP????

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Hi Cleo,

 

Can you tell us exactly what you've rec'd from Rockwell and what they've said.

 

:)

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YES - IT SAYS "wE PREVIOUSLY SENT YOU A LETTER TO ADVISE OUR FILES WERE CLOSED BUT WERE LATER INSTRUCTED BY m & s TO REOPEN THE ACCOUNT BECAUSE THEY HAD DEALT WITH THE DISPTE AND HAD ALREADY FURNISHED YOU WITH ALL DOCUMENTATION REQUESTED - WE NOW REQUIRE A PAYMENT PROPOSAL TO AVOID FURTHER RECOVERY ACTION BEING TAKEN AGAINST YOU"

I REPLIED EXPLAINING THAT THE DOCUMENTATION SENT HAS ALSO BEEN SENT TO OTHERS AS WE WERE CONTACTED BY ANOTHER M 7 S CLIENT WHO HAD REC'D THE SAME STUFF.

I OFFERED COPIES BUT EXPLAINED I HAD CONCERNS ABOUT THIS AS IT COULD POSSIBLY PREJUDICE MY CASE SHOULD WE GO TO COURT. I DIDN'T WANT TO IGNORE IT - AND WHAT I SAID IS THE TRUTH

THANKS

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Hi Cleo,

 

Just inform Rockwell that M&S have NOT provided you with the response required of them by the CCA1974 and the a/c therefore remains in serious dispute.

 

Remind them of the points BRW made from the quote in post #102 above and that, if they continue to harass you, you will lodge formal complaints with the FOS and with Trading Standards.

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Hi Cleo,

 

Just inform Rockwell that M&S have NOT provided you with the response required of them by the CCA1974 and the a/c therefore remains in serious dispute.

 

Remind them of the points BRW made from the quote in post #102 above and that, if they continue to harass you, you will lodge formal complaints with the FOS and with Trading Standards.

I will - this is what made them back off the first time - M & S are obviously not telling them everything - I asked for the original be made available yo me - their response - will no longer be responding to my letters!!!

 

I will try it again and thanks

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BAck to the beginning then :(

If I don't get a response from a DCA to my request under the pre-action protocol rules - what are the consequences (see my posts on this thread) I requested documents under these rules from Blair Oliver Scott. No reposnse so far apart from an illegible application form with a compliment slip - no mention of pre action protocols from them?????

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Hi Cleo,

 

Just inform Rockwell that M&S have NOT provided you with the response required of them by the CCA1974 and the a/c therefore remains in serious dispute.

 

Remind them of the points BRW made from the quote in post #102 above and that, if they continue to harass you, you will lodge formal complaints with the FOS and with Trading Standards.

Hi again - have had further response from Rockwell " M & S have advised us that the copy agreement supplied to you by them is legally enforceable. You have been supplied with a true copy of the relevant document that would have been in force when you accepted the credit card from M & S. Please be advised that this letter is our final response and we would appreciate your repayment proposals within the next 10 days"

I am in despair!!!!

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Hi Cleo and don't be "despairing" about this. They are no further forward in terms of collecting on this a/c than they were months ago !!

 

It's a shame they've crawled back out of the woodwork to chase this, but you just need to stand up to them again.

 

I hope others will respond and advise as they will know better than I about M&S cases. However, I'd be inclined to write a short response as follows:-

 

I refer to your letter of xxdate.

The documentation provided to date by M&S Money fails to satisfy the requirements of CCA 1974 for reasons which I have set out before and need not repeat further.

I do not consider the account to be legally enforceable but, if you do, then no doubt you will take the matter to court. That is your prerogative but I will vigorously defend any such action.

You may consider this to be my final response in the matter.

:)

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Sorry if I'm repeating something said earlier, but have you looked into reclaiming penalty charges and/or PPI on the a/c.

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Hello Cleo,

 

Please don't despair

 

I am in full agreement with Slick, these dca's really arn't going to state the truth, that they are really chancing their arm with this. They hope if they tell you enough you will fold.

 

They are harassing you on a unproven alleged debt and have to take responsibility for their actions.

 

Let them do their worse, I doubt very much it will be much.

 

Log all calls from them and file their correspondence in a harassment file.

 

Give them your wrath:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Cleo...M&S are so arrogant and they must know that they've messed up big time by not getting customers to sign new agreements for the credit cards in circa 2003. However, I bet none of the financial institutions gave a second thought to consumers becoming aware of their rights through forums such as CAG.

 

I agree with earlier comments except I would probably re-iterate the bits about harrassment in your letter...but do try and keep it as short as possible.

 

They have a choice now to "put up" or "shut up" and all such disputes have to eventually go one way or the other.

 

Best of luck ;)

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

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Preference now being chased by Moorcroft!! - BOS are going to be running out of DCA's soon - have had IQOR, Wescot, Apex, and now Moorcroft!! - have sent strong letter AGAIN!!

 

 

Join the club Cleo. I've now got Wescot on my case for a second time and I've already seen off Moorcroft and IQOR as well.

 

I wonder what makes anyone think that Wescot will succeed 2nd time around. Pathetic, just pathetic.

 

Regards.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Join the club Cleo. I've now got Wescot on my case for a second time and I've already seen off Moorcroft and IQOR as well.

 

I wonder what makes anyone think that Wescot will succeed 2nd time around. Pathetic, just pathetic.

 

Regards.

 

Fred

thanks Fred - can two DCA's chase the same debt at the same time???

I thought this was unlawful

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Fred/Cleo, it is against OFT guidelines for multiple agencies to to be instructed to collect the same account.

 

In respect of Wescott/IQOR chasing OH for his BOS account, I sent the following.

 

 

Send to both companies

Dear Sirs

Your letter dated XX XXXX 2009 was received by me on the XX XXXX 2009.

In the same post I received a letter from Wescot (amend to IQOR for 2nd letter) .

I understand it is against OFT guidelines for multiple agencies to be instructed.

Perhaps you would like to refer back to your client.

Meanwhile your letters will be passed to the OFT, for their attention.

 

 

Yours faithfully,

 

I sent copies of the letter to Wescot to IQOR and vice versa. I sent copies of both letters to Bank of Scotland and Blair Oliver. I also sent copies of the letters from IQOR and Wescot to the OFT, along with a copy of my response.

 

To date, nothing has been heard from anyone. All letters were sent using only the Free proof of posting method.

 

HTH

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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And the section of the OFT guidelines that apply are :

 

 

 

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

 

2.6 Examples of unfair practices are as follows:

 

a. contacting debtors at unreasonable times and at unreasonable intervals

 

b. pressurising debtors to sell property, to raise funds by further borrowing or to extend their borrowing

 

c. using more than one debt collection business at the same time resulting in repetitive and/or frequent contact by different parties

d. not ensuring that an adequate history of the debt is passed on as appropriate resulting in repetitive and/or frequent contact by different parties

 

You can find the rest here....

 

http://www.consumeractiongroup.co.uk/forum/formal-solutions-bankruptcy-administration/55579-oft-guidelines-debt-collection.html

 

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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And the section of the OFT guidelines that apply are :

 

 

 

You can find the rest here....

 

http://www.consumeractiongroup.co.uk/forum/formal-solutions-bankruptcy-administration/55579-oft-guidelines-debt-collection.html

 

Sent your letter and added a paragraph on requesting documentation under the pre-action protocol rules and also about being harrassed - asked why several other M & S clients have same documentation - received a letter back from Rockwell today - no longer dealing with it!!!:D:D:D

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