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    • Then say that then...   and raise an irresponsible lending claim against them if you think its true, but i seriously doubt any lender even one as bad as kenny's would not have carried out extensive checks.   Now if they did then your alternative is to get an sar running and get reclaiming all their unlawful fees.   Plenty of threads here on kenny's and reclaiming.   Dx    
    • What is the name of the company you are dealing with? Why haven't you told us? If the other thread you have been looking at is the thread relating to Ideal Windows then you will see that we have been advising that the customers should give notice. It sounds very similar to your problem. You should give notice. You must inform them that time is of the essence and that given all of the delays you can only now give them seven days to agree to complete the installation job within 14 days (including the seven days). I'm afraid that courts won't normally accept a peremptory cancellation – even if the delays have been excessive. I'm afraid that by communicating with them and broadly by accepting the delays to a certain extent, you have been complicit in agreeing the delay. So now you have to take control and bring it to an end to but you have to do this with notice. I suggested that the work should be completed within 14 days – but how long should the installation take? The reason for giving them notice is that even though a date may have been fixed for completion, generally speaking reasonable delays are considered to be acceptable – and the courts are well aware that the installer may have incurred costs and should be given a reasonable time to complete the contract. Once you give notice that the contract will be treated as terminated because the delays are becoming not acceptable – then you generally speaking satisfy the requirements of the court that you have treated the installer fairly.
    • HSBC’s results show estimated credit losses across its UK bank were just $160m in Q3, reflecting a huge drop from $1.5bn in Q2 View the full article
    • The only thing Is I cant get the stuff they want by then. They said they might stop my childcare which I rely on. Thats whats worrying me x That and I hate talking on the phone I really struggle with it.
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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I work in a small garage who own several company cars. We are allowed to use these cars to pick up customers etc.,

On 10 April 2013, one of the company car was photographed doing 35 mph on a 30 mph limit area. The following week, a Notice of Intended Prosecution was received. As the owner cannot identify who the driver was, he requested further information. A couple of letters were exchange in the ensuring two months. At the end of October 2013, the Garage received a Summon to appear at the Magistration Court. The owner pleaded not guilty on the provided form.

Now a hearing date has been set for early February.

I understand that Section 127 of the Magistrates Court Act 1980 provides that these kind of matters should be dealt with within 6 months.

Here are the sequence of events:

1. 10/04/2013 Car photographed doin 35 mph on 30 mph road.

2. 17/04/2013 Notice of Intended Prosecution issued.

3. 22/04/2013 Letter request for further infromation.

4. 24/04/2013 Responded to the request.

5. 01/05/2013 Reply to the letter of 24/04/2013

6. 12/06/2013 Letter from Fixed Penalty Support unit, saying 'There is currently no Fixed Penalty procedure in respect of cases where the keeper of the vehicle is unable to provide information to identify the drive. Tje file now forwarded to Summons Procedure Unit who will i due course issue a summons against the registered keeper or nominated user.'

7. 22/10/2013 Summon from Magistrates Court received. Stating: 'Date of information: 21/10/2013.....'

8. 29/10/2013 Not Guilty plead sent to the Magistrate Court.

9. 16/01/2014 Summon received.

 

In light of the above sequence, I think the Magistrates Court should not be dealing with this case anymore, as the 6 month period has lapsed.

Can anyone please advice?

Many thanks.

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In England and Wales the information for the summons has to be laid before the court within 6 months of the offence.

In Scotland the summons has to be issued within 6 months of the offence.

 

 

As above, as they don't know who the driver was, the summons will be for failing to nominate the driver.

The 6 months for that offence will be later than the speeding offence, usually 28 days after the requirement was served, making it about the middle of May, and the 6 months the middle of November, unfortunately within time.

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with all the paperwork going back and forth it is considered an investigation.

the company owner should have adiquate records knowing who is in what vehicle at what time, it is his/her responsibility

i would suspect a charge of failure to provide driver identitiy as required in law will be issued

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I think you are clutching at straws. As has already been pointed out, the process was within the time scale (NIP issued within 7 days, NTO issued requesting further info etc). So basically all that has happened is that the "clock" has been paused to obtain the details of the driver.

 

So now the offence will be failing to disclose the driver's details. Not knowing who it was, isn't a defence and the RK of the car will now face prosecution for that offence.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Not knowing who was driving can be a defence, but you would have to prove that you could not have discovered who was driving with reasonable diligence. If the accused is a company rather than an individual, they must also prove that no record was kept of who was driving, and that the failure to keep a record was reasonable - not easy unless the car was stolen as there's a presumption that a company should keep a log of who uses its vehicles. The silver lining is that a company doesn't have a driving licence and can't get points, though there'll be a hefty fine to pay instead. Don't expect much change from a grand.

 

21 October would have been too late to lay the information had the charge been speeding, but as above failure to furnish would have been committed some weeks after the original speeding offence. So long as the information is laid within 6 months of the offence there is no particular deadline by which the case must actually be heard.

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