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    • Thank you for such a swift and helpful response.   Please can you direct me to a template letter, if such exists, which I may doctor to suit my initial letter of claim to each service provider, in order that I might beat the 29th deadline?
    • The ppi deadline is 29th of August. frankly I don't think it makes any difference if you do it yourself or you use an agency except that if you use an agency then you will pay a lot of money from anything which you recover. my suggestion is that you contact every possible lender you have ever dealt with or bank and write them a letter and claim PPI. even if you are not completely certain that PPI was paid, write the letter and tell them that you believe that PPI was paid and that you want it reclaimed. This should bring you into the 29th of August deadline and then you can start dealing with it in a more careful and methodical way and of course we will be very pleased to help you. make sure you put everything in writing and make sure that you send everything signed for post so that you have a clear record that the claim was delivered before the deadline. if you make any phone calls then make sure that you have first of all read our customer services guide and implemented the advice there but the best thing to do is to get everything off in writing.          
    • Clear as mud...so you are the claimant...the defendant is correct they do not file serve evidence before the trial...normally directions state 14 days before the trial hearing each party simultaneously exchange and file.   The defendant then paid the debt amount but not the court fee or the section 69 interest at 8%.. Did it get to trial ? or is that yet to happen ? 
    • Then be prepared to get your cheque book out.   You will be served with the evidence the prosecution intends to rely on to convict you when you receive notification of court action. This will almost certainly be in the form of a "Single Justice Procedure Notice" (SJPN). They have six months to begin court proceedings and in most areas take all of that. You will be given three options:   1. Plead guilty and have the matter heard by the Single Justice (a hearing which you cannot attend).   2. Plead guilty and opt for a hearing in the normal Magistrates' Court (a hearing which you can attend).   3. Plead Not Guilty.   If, after viewing the evidence, you decide on (1) or (2) you will be sentenced in accordance with the sentencing guidelines. These suggest a fine of half a week's net income (maximum £1,000, reduced by a third for a guilty plea). You will also pay a surcharge of 10% of the fine (Minimum £30 - or £32 if the offence was committed on or after 28th June 2019) and costs of £85. You will also receive 3 penalty points. So you can see that the costs and surcharge will exceed £100 before you consider the fine.   If you choose (3) you will have to rely on either (a) the prosecution being unable to prove its case or (b) successfully rebutting their evidence. The cost of failure here is high. You will obviously lose your one third discount for a guilty plea and the costs will increase to as much as £620.   You can see that you "old fashioned" approach could cost you dearly. But you takes your choice and pays your money  😪  (or hopefully not  😀).
    • I was not aware that mitigation can also apply to actions taken after the event. I have not outlined this to date, I will write another letter stating this given I now use a monthly travel card and would never attempt it again. However, the Court date is in 10 days so I'm not sure I would receive a response in time.. seems to be worth a try though.    Thank you dx100uk. 
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Hi All

 

I have a really urgent situation; I will run through the history.

 

I had a letter from a debt collection agency called Philips a year ago saying I owed £550 for "notice failure to give information" I emailed them and said what was it for and they said it was something to do with a vehicle violation in Waltham Forest in 2009; I wasn't in the country so know it wasn't anything to do with me I had no car. I stated this to them and they never got back to me.

 

I did follow up with 2 letters to the court in question which I was told ws NE Magistrates, I never had a reply to either letter.

 

About a month ago I got a letter form Collectica, stating the same basically so I again replied with the letters I had sent to the court and also the information I had sent to Philips. They asked me to prove I was out the country, I did this, and they said the account was on hold until 9th September while they went back to there client.

 

I contacted them on 9th to say what is happening, heard nothing and then on Monday (23rd) I get a debt collector at the door with a Notice of Attendance. I explained the situation and he said he understood as he has read the notes and that I need to contact the court. I explained I had blah blah; anyway he went away.

 

I emailed Collectica again stating this was ridculous it isn't me I can prove it and they said there client rejected my proof of not being here and not owning the car for whatever violation it is!

 

So my question is this What do I do now?

 

Can Collectica legally pursue a debt that is in dispute; I 100% have no idea what this is, someone must of had a car registered in my name or it is a mistake, whatever it is, it isn't me and I am now worried someone else is going to turn up because I am not going to be giving them a single penny.

 

REALLY appreciate any help with this as its super stressing me out!

 

Thanks in advance.

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A court cannot simply cancel a fine. The correct procedure is to file a simple Statutory Declaration.

 

As things stand at this present time you have a CRIMINAL OFFENCE recorded against you personally and this needs to be cancelled.

 

You have said that you wrote to NE Magistrates. Where did you send the letter to?

 

On the current letter from Collectica is there an HMCTS reference (ie: London , NE, South etc)

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Hi,

 

Letter sent to Thames Magistrates Court 58 Bow Road London Bow Greater London E3 4DJ

 

After numerous calls a year ago the Fines department said it was a parking ticket, and that I had to put it in writing and provide proof which I did, and they gave me that address....

 

How do I complete a Statutory Declaration?

 

Also what do I do if the bailiffs turn up?

 

All help greatly appreciated!

 

Massive thanks,

 

Penny

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Have you spoken to the court since receiving the latest letter from Collectica?

 

It is really important to call the court to ascertain what happened to your letter. Can you post back once you have called them .

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Hi - I called the court and they have put a further hold on the account for 28 days (it has taken me so long to get through to them)

 

They gave me lots more information which was useful; this is for a car I sold in 2006, it was involved in an accident on 15.12.2008 and the court had me as the registered keeper still and said I failed to give information and brought a court case against me on 20.07.2009.

 

The person I spoke to was VERY helpful she said I am better attending Thames Magistrates with proof I was out of the country and proof I sold the car; so I am going to go there t'row.

 

Is that the best thing to do?????

 

I since this recieved another letter from Collectica saying it is a pre removal notice and they are adding £200 to it - I do have the 28 day hold at the moment so the pressure is off slightly

 

Still super stressed out...

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yes go to court insist they allow you to file a statutory declaration this will revert the case back to the beginning and the DVLA will either drop the case or re- summons you giving you the chance to file a defence

 

however as I said you need to file the stat dec for this to happen have a read of tomtubby sticky

http://www.consumeractiongroup.co.uk/forum/showthread.php?165753-MAGISTRATE-COURT-FINES.-Template-of-a-Statutory-Declaration.(1-Viewing)-nbsp

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I am glad that you are making progress. Did you go to court?

 

Please let us all know the outcome....

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