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    • Is it unusual for them to have all the documents they have provided so far?
    • That still leaves it unclear if: a) you “made a mistake” and accidentally bought the wrong ticket (only to Three Bridges), or b) You had a “moment of very poor judgement” and deliberately bought a ‘short ticket’ It can’t be both.   Climb off the fence you are sitting on, it’ll give you splinters............ at the moment you are trying to hedge your bets but it is obvious that is what you are doing, and as a result: why should they believe the rest (expressions of regret, won’t do it again, sole income earner who will lose their job, etc.)
    • Email and call your local councillor, their details should be on Google.  Just explain everything to them and they will have the bailiffs off your back in short order.   Do it now, and this could be resolved by tomorrow.  
    • Your latest ramblings make no sense in relation to the issue (which is whether a person hearing an SD can question the maker as to its truthfulness and reject the declaration if they are not satisfied as such).     It's not within 21 days of the hearing it's within 21 days of learning of the conviction of which they were unaware. I don't know what it is you are reading or are referring to but there is no "debtor" involved in an SD that is made to have a conviction set aside. When an SD is heard in court the only officers involved are the court's Legal Advisor and the Magistrates themselves.   I’ve just been looking back at the original post which started all this off to ensure I wasn’t going mad. I’m pleased to say I don’t think I am. Instead I am of the opinion that you did not properly grasp what originally happened to the OP and compounded that by providing incorrect, misleading and confusing advice whilst plucking bits of irrelevant legislation from thin air randomly when you commented. Here’s a few of your quotes and my comments for you to consider.     The OP said no such thing. She said she had moved three years earlier. For some reason unknown, her change of address was not recorded by the DVLA. She said she was happy to accept the speeding allegation. This indicated she was driving (a fact she confirmed absolutely soon afterwards). Nowhere did she ever say she was not the owner of the vehicle at the relevant time.         So, from advice to plead Not Guilty to advice to plead Guilty inside two hours, with no new or additional information provided. Still you mention somebody else being the driver.         What is an “out of time statement” and where and when was one ever mentioned?     Then from the OP:       Your response:       The cause of any confusion was your comments. She said from the outset that she did not live at her old address when the offence was committed (in fact she went to some lengths to explain that was why she did not receive the court papers). Nowhere did she suggest she was not the driver nor that she could not or would not disclose who was.     No it isn’t. A Statutory Declaration voids the original conviction as if it never happened. Section 142 of the Magistrates’ Court Act is not involved with the resurrection of proceedings following an SD. That Section grants the Magistrates powers to re-open cases to rectify mistakes, etc. There has been no mistake here, the Magistrates will not be called upon to re-open the case and could not prevent it being revisited even if they wanted to.   Then we set off into the intricacies of the Statutory Declaration process which is covered above.   I’m not surprised the OP in this particular case became confused. Her matter is straightforward enough (for those who know the law and the process). In summary: She moved; She thought the DVLA had her vehicle registered at her new address but they hadn’t; Her vehicle (with her driving) was detected speeding; She (unsurprisingly) did not receive the notification of that offence or the request for driver’s details; She obviously didn’t reply to that request, she was prosecuted for it, convicted in her absence and without her knowledge.   Happens every day and simple to deal with.   Unfortunately, not when you became involved it isn't. Firstly you grasped the wrong end of the stick by assuming she was not the owner and/or the driver. You advised her to plead Not Guilty on that basis. Then, when you had grasped some idea of what had really happened you suggested she plead guilty to the S172 offence purely on the basis she had moved and the speeding information was sent to her old address. Very poor advice. Then you scared her witless by incorrectly suggesting there was a chance her SD would be rejected if it was thought her declaration may be untruthful. There also followed discussions about the six month time limit for prosecutions and the 21 day limit for SDs to be accepted unconditionally (both totally irrelevant).   I don’t suppose you will accept any of these criticisms but whether you do or not you clearly caused the OP considerable confusion and probably distress. My comments are not based on something I've heard on the net or on barroom (sic) knowledge. They are based on my knowledge of the law and of Magistrates' Court procedures.  It's obvious you will pay no heed to me so when I see any such clearly misleading information provided to an OP by you in this section in future I will simply report it to the site's administrators.
    • Just ignore unless you receive a PAP letter.    Chances are you will run out the clock and it will become SB'd.    
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hobba

HP : Fortis Lease uk Can I request for their claim to be struck out as abuse of Court Process?

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Only you can decide if you want to accept the offer and if you can realistically afford to maintain payments as if you miss them you are likely to get an automatic CCJ.

 

Make sure the wording of the CO favours you, especially in terms of giving yourself time to pay any arrears etc before judgment can be entered.

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I would need help with the wordings and conditions to be in my favour .. Can you help ?

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Why 8K .... that include their costs? They only requested £6,371.44 in their application for SJ.


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I thought the same . Shall I go back to him and ask him to revisit and seek further instructions .

 

What would I say .. Also there is discrepancies in the calculations ..

 

Advise please

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Hobba its up to you to nail the final agreed figure....negotiate...ask why the variance?


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Andy...

 

They are asking for offer and financial statement in writing

While saying unlikely they would accept the monthly payment proposed.

 

So far everything by phone.

 

How to go about this and would this be used as evidence of admittance in Court .

 

Please advise how to word anything in writing ?

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Well if they are not going to accept..... no point in writing and making any offer and under no circumstances send them an I&E.Anything you put in writing that you do not wish them to use or refer to must be marked Without Prejudice.

 

Hoba you have offered 5k now they are playing games....if you do make any further calls or write just inform them that your offers of settlement will be brought to the courts attention and raised when the question of costs raises it head.

 

File your defence.

 

Regards

 

Andy


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Ok ..

Defence filed and served .

 

Andy

 

Offer rejected and I did inform that I will bring the issue of non cooperation when the cost issue arises.

 

Any tips and hints for the hearing on Tuesday ?

 

Thanks

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Arrive early - smartly dressed - (no you dont have to go out and buy a new suit.. just dont turn up in your gardening togs) - take an extra copy of everything as well as your original paperwork. You would not believe how much paperwork gets lost !!

 

I personally had to provide the opposiiton with ALL the paperwork their client was wanting to rely on !!

 

Be as confident as you can - if you have a lot of paperwork, practice looking and finding things quickly make sure your paperwork is properly organised and tabbed. If neccessary, make yourself a list of all the things you want covering - any arguments you think they might use, have counter arguments for.

 

Take a list of your costs schedule with you so you can hand it to the Judge there and then ??

 

I am sure others will have some suggestions as well :)


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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.

 

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Arrive early - smartly dressed - (no you dont have to go out and buy a new suit.. just dont turn up in your gardening togs) - take an extra copy of everything as well as your original paperwork. You would not believe how much paperwork gets lost !!

 

I personally had to provide the opposiiton with ALL the paperwork their client was wanting to rely on !!

 

Be as confident as you can - if you have a lot of paperwork, practice looking and finding things quickly make sure your paperwork is properly organised and tabbed. If neccessary, make yourself a list of all the things you want covering - any arguments you think they might use, have counter arguments for.

 

Take a list of your costs schedule with you so you can hand it to the Judge there and then ??

 

I am sure others will have some suggestions as well :)

 

All

 

Any suggestion as to cost schedule for LIP?

 

Any suggestions how to ask court to look into declaring agreement unfair at hearing ?

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Andy

 

I would need a skelton argument for the hearing?

 

Can I get help with drafting this ?

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Andy

 

Andy ...

 

I am attaching the filed and served...

 

I have also received a response by the way of a second statement which basically says:

 

1.feel no real prosepective of defending claim

22. negotiation unsuccessful

3. admits error in calculations and submit new calculations for £4522.065 and inteersts of 2075.56

 

Still requesting for SJ and cost

 

saying worth mentioning cost of 335 still outstanding?

 

Please advise.... Do I need a skeleton argument and help please ...Hearing on Tuesday next week!

 

Dont they have obligation to treat consumers fairly when in financial difficulties?

 

What is the scope of maladministration and unfair treatment/agreement and how can I use this to request court to declare agreement unfair?

 

Many Thanks

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Andy

 

Andy ...

 

I am attaching the filed and served...

 

I have also received a response by the way of a second statement which basically says:

 

1.feel no real prosepective of defending claim

22. negotiation unsuccessful

3. admits error in calculations and submit new calculations for £4522.065 and inteersts of 2075.56

 

Still requesting for SJ and cost

 

saying worth mentioning cost of 335 still outstanding?

 

Please advise.... Do I need a skeleton argument and help please ...Hearing on Tuesday next week!

 

Dont they have obligation to treat consumers fairly when in financial difficulties?

 

What is the scope of maladministration and unfair treatment/agreement and how can I use this to request court to declare agreement unfair?

 

Many Thanks

 

Any suggestions please !

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Any suggestions please !

 

SJ granted for revised figure of £4522 and interest reduced to 4% ( £1000) and cost reduced to £1000( they were asking for over £5000)...

 

Will this be on my credit file?

 

I feel I should be raising a complaint as Judge said they brought defence upon themselves and provided wrong calculations.

Also she was concerned by statement showing write off and settled cra.They admit it is error ?

This can not be ignored I think ...How to raise this? Help?

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Yes the CCJ will show on your credit file for 6 years.

 

I think you need to accept it now.

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Well that's your choice but don't think you have any grounds to appeal.

 

Seek legal advice if unsure.

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I am not thinking of appeal at this stage but to suspend judgement and request for a timed order

To pay in instalments as can not afford to pay all

and negotiations failed when tried before .

 

Also the SJ was partly their fault as the judge commented and they been penalised at cost

 

Any suggestions ?

 

 

..

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Could I have this post closed please and removed from searches .

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nowhere in this thread can i see that you have looked at how much of the agreement you paid etc etc

 

also penalty charges and PPI etc etc

what they got at auction & who was the HP agreement with?

who says their figure is correct?

 

seems it has just been accepted as true.

 

dx


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This is true .. It seem as just been accepted as true.

 

Charges they agreed to refund two but not done

Agreement not checked

No evidence of sale

 

Judge seem taken their word .

 

How can I go about this?

 

FOS

 

How to suspend Judgement or set it aside or appeal

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have you got all the statements and the agreement

 

dx


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It is only one statement which shows write off

Agreement yes and not clear

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so yo have never sent them an SAR to get eveything they hold on you?

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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