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    • 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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Arrow Global/Drydensfairfax


pyle
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Hi all will the following be ok to send that I have found elsewhere on this forum?

 

They say the payment was for £1 if that was the case and they had proof of this then why would arrow/drydens fairfax sell the debt on to restons when we first sent the statute barred letter? Surely if drydens/arrow had a case they would of taken the case further?

 

We have never made any payment to anyone.

 

Sir/ Madam,

 

I refer to your company's conduct regarding an alleged debt for £xxxx.xx originally relating to an account with xxxxxxxxxxxx, please take note I do not accept or acknowledge any debt to xxxxxx or any company it may claim to represent.

 

As your company is well aware the alleged debt is statute barred and I will not be making any payment.

 

xxxx have now claimed that a payment was made to this account on xx xx xxxx I have no knowledge of any such payment and repudiate the claim that any such payment was made by me or any third party on my behalf, furthermore xxxxx have not provided unequivocal proof of how this spurious payment was made or by whomit was made, therefore the debt remains statute barred.

 

Yours Faithfully

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Hello Pyle ,

 

That's fine, just add this ' Until Unequivocal Proof that I personally made any such payment I WILL not communicate further.

Data Required: Method of payment, e.g. Cheque, the Cheque No. The Name of the bank on which drawn, the account number and sort code the name of the drawer.

Postal Order, PO No. Date issued, Issuing PO address and ID No. Date Cashed. Bank Transfer/Giro name of Paying Bank/Account No, Sort Code.

Any card The 16 digit Card No. 3 digit security code, name of card holder, issuing bank/provider.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Ah, the mysterious small payment made by your fairy godfather just to keep the debt alive. Challenge it by asking fo all of the detaisl, how was payment made and by whom and when. Commonly a quid is the amount for a CCA entry copy and should not be used for reducing the debt so that would be easy to deny that a payment was made. If the have falsely claimed that you have paid monies they can be called to account and lose their credit licence so challenge it and tell them that you deny ant such payment. The Brigadier has a template letter you can use so look at similar threads.

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Hello Pyle ,

 

That's fine, just add this ' Until Unequivocal Proof that I personally made any such payment I WILL not communicate further.

Data Required: Method of payment, e.g. Cheque, the Cheque No. The Name of the bank on which drawn, the account number and sort code the name of the drawer.

Postal Order, PO No. Date issued, Issuing PO address and ID No. Date Cashed. Bank Transfer/Giro name of Paying Bank/Account No, Sort Code.

Any card The 16 digit Card No. 3 digit security code, name of card holder, issuing bank/provider.

 

Thanks again Brigadier will get the letter sent today, don't know how these companies get away with what accounts to fraud.

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  • 2 weeks later...

Hi all, so restons have sent us a letter and it is basically the same as the first letter they sent to us stating that the debt is not statute barred as a payment was made in March 2008 for £1. They have not made any attempt to prove that a payment was made or how it was made.

 

So what do we do now? Do we just ignore them or send them the letter again stating that unless they send absolute proof that a payment was made we will no longer respond to them and furthermore if they persist we will report them to the OFT for trying to get money by fraudulent means.

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You demand unequivocal proof of the payment, method, bank/cheque/PO number /debit card/number/auth code/ exp date etc.

 

Tell them without this the payment is denied and the alleged debt is statute barred.

 

 

Did you at any time make a CCA request on this account?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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You demand unequivocal proof of the payment, method, bank/cheque/PO number /debit card/number/auth code/ exp date etc.

 

Tell them without this the payment is denied and the alleged debt is statute barred.

 

 

Did you at any time make a CCA request on this account?

 

Hi Brig, no we have not made any contact at all on this account since 2005

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It's down to nthem to prove the alleged payment, put the ball firmly in their court Demand proof.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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urm continued letter tennis eh?

 

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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Yeah looks like another set of letter tennis will send them another letter tomorrow demanding proof of payment and will let you know what they come back with this time.

 

Thanks again for the replies it means alot.

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