Jump to content


  • Tweets

  • Posts

    • 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 their 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 their offer. If he declines or ignores it they will take option (3). 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 not heard anything, 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 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. 
    • 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 ..     
    • STAT OF THE DAY $600,000 Texas Democratic Representative Henry Cuellar and his wife have been indicted by federal prosecutors on charges of conspiracy and bribery, after allegedly taking nearly $600,000 from a Azerbaijani-controlled company and a Mexican bank, according to the US Department of Justice.   Read more
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3922 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

There is a little confusion here....the usual steps are... a county court ccj that the creditor has chosen to transfer up to the high court to obtain a writ of fifa for enforcement by HCEO's I could be wrong but I think this is the true scenario.... otherwise you would have been served papers to attend a hearing at the high Court and would have needed to plead your case if the debt was to be judged there and to be honest debts are rarely if ever heard before a High Court.

 

PT suggested you view your credit file...I agree with that for if any action has been taken to the debt it will automatically appear there showing the creditor and the amount owed.

  • Confused 1
Link to post
Share on other sites

  • Replies 52
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

The case was heard in CC then appealed and made its way to HC they awarded costs here. Credit checks to be sorted tomorrow (done) then! If it is not here what then?

Edited by tooktoolong
Link to post
Share on other sites

Update /

 

Bankruptcies and Insolvencies

 

You have no Bankruptcies or Insolvencies recorded on your report.

 

Judgments

 

You have no Judgments recorded on your report.

 

from noddle - credit rating 4/5

Edited by tooktoolong
Link to post
Share on other sites

The case was heard in CC then appealed and made its way to HC they awarded costs here. Credit checks to be sorted tomorrow (done) then! If it is not here what then?

 

I'll ask some of the others.

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

The case was heard in CC then appealed and made its way to HC they awarded costs here. Credit checks to be sorted tomorrow (done) then! If it is not here what then?

 

When you say appealed ..what aspect(s) of the claim against you do you mean...the amount owed? issues of service to the claim?.

Did you apply to set aside the claim on some technicality?

 

 

I am pretty well clued up on High Court matters and this has me stumped from the beginning, for to transfer up to a writ of fi'fa there has to be a judgment from a lower court/tribunal award...end of

Link to post
Share on other sites

Just for the record ...a writ of fi'fa is only valid for twelve months, the creditor can however apply to renew it......cost of that is usually added to the debt..

 

Not knowing the reason the debt arose or who the creditor is, makes it difficult to offer advice. could this have risen its head due to the 6year time frame that can make certain debts statute barred???

Link to post
Share on other sites

Does anyone have other numbers for Croydon aside from the call centre in Manchester?

Tried to contact them yesterday as the local court refused to accept n245 n244 as it was not a cc matter, went around four different departments all wrong then ended up at the call centre who did check the claim numbers shown on the hceo paperwork but they said they were invalid case or claim numbers. Trying to contact the court to be sure.

 

It sounds like you've been ringing Andrew Wilson & Co who also call their Manchester office The Sheriffs Office.

Link to post
Share on other sites

Now that would explain why things just don't add up with this post!!!

 

Certainly explains a lot, as the real Sheriffs Office would not be that bad.

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 OTHERS

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

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

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

Are Andrew Wilson part of the Sheriffs Office in Croydon ?

 

No Andrew Wilson & Co are s separate business altogether based in Manchester.

 

The Sheriffs Office in Croydon can be contacted on 0845 688 9750 or [email protected]

 

I would always recommend emailing an HCEO with any issues, that way you have a record of what you sent and when.

Link to post
Share on other sites

Just for the record ...a writ of fi'fa is only valid for twelve months, the creditor can however apply to renew it......cost of that is usually added to the debt..

 

Not knowing the reason the debt arose (arose due to loss of case in a property dispute which was in CC then appealed by solicitor all the way to HC and then lost) or who the creditor is (creditor is debtors ex and was awarded costs), makes it difficult to offer advice. could this have risen its head due to the 6year time frame that can make certain debts statute barred???

 

The only documentation I believe the creditor has is the judges summing up as the creditor has a clear credit record without ccj's etc.

 

tooktoolong /notlongenough

Edited by tooktoolong
Link to post
Share on other sites

Have you tried calling the Queens' Bench division of the High Court? 020 7947 6010

 

 

no could not find this one, tried the 0300 number and got nowhere. Thanks for this one, closed have to wait until Monday!

Link to post
Share on other sites

Page 1 shows interest of over £5k being claimed. I believe this to be an abuse as Claimant has waited so long to enforce this. Does the original allow for interest to be charged & on what basis? If at all then only from the date the Writ was issued.

 

Page 2 shows this to have been sent from the County Court originally, just above it mentions a County Court Claim No - was there a number in there?

 

Page 3 shows the Enforcement Officer claiming a global levy. In my view he has not bothered his backside to try and do his work correctly and should be admonished for same.

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

Page 1 shows interest of over £5k being claimed. I believe this to be an abuse as Claimant has waited so long to enforce this. Does the original allow for interest to be charged & on what basis? If at all then only from the date the Writ was issued. We are waiting to speak to the solicitor to clarify the date and the actual information.

 

Page 2 shows this to have been sent from the County Court originally, just above it mentions a County Court Claim No - was there a number in there?

Page two does have a CC number and also a HC claim number. We have spoken to a CC in person and they could not find that claim number. We also gave both numbers when we rang the HC they (a couple of different people) could not find either number. You replied in an earlier post that the ccj number not the writ number is needed. Where on the form (should) would this be? The only other number is the 'sheriff's' reference number.

 

Page 3 shows the Enforcement Officer claiming a global levy. In my view he has not bothered his backside to try and do his work correctly and should be admonished for same.

 

A global levy is this on everything? I presume so, we emailed them on the 30th (and got an automated reply) with a complaint about the trailer and all other goods and an offer of £10 a month was made. In hindsight and looking at it again that offer was a mistake.

We still have not been able to identify which court to send the n244 and n245.

 

tooktoolong /not long enough

Link to post
Share on other sites

It says in the Enforcement Officer's own hand on Page 3 "Plus all other goods required to satisfy Writ", this is nonsense.

 

N245 goes to Shrewsbury County Court - detail is on Page 2, as asked previously is there a number next to County Court Claim No?

 

N244 goes to the High Court or a County Court acting as a District Registry of the High Court.

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

It says in the Enforcement Officer's own hand on Page 3 "Plus all other goods required to satisfy Writ", this is nonsense.

 

N245 goes to Shrewsbury County Court - detail is on Page 2, as asked previously is there a number next to County Court Claim No?

 

Yes, do you want it?

 

N244 goes to the High Court or a County Court acting as a District Registry of the High Court.

 

My local county court looked at the number and said it was not valid and would not take the form.

 

Thanks,

Link to post
Share on other sites

Ask SO or the court?

 

The Court

 

Look very closely at the paperwork you scanned, in particular page 2. You have rightly obliterated personal info so can't see what it actually says but there is enough to see that it says sent from Shrewsbury Court on (date) and immediately above it says County Court Claim No - does this start with 07 or something else.

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

The Court

 

Look very closely at the paperwork you scanned, in particular page 2. You have rightly obliterated personal info so can't see what it actually says but there is enough to see that it says sent from Shrewsbury Court on (date) and immediately above it says County Court Claim No - does this start with 07 or something else.

 

The High Court Claim number starts with 3

The [County Cour Claim number starts with 9

 

thanks again,

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...