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    • You haven't returned to the thread to give us your views, but a couple of other things strike me which you should consider: 1. You say that at no time was your father's licence revoked by the DVLA. It didn't have to be revoked. It expired in September and his "entitlement to drive" (of which the licence provides proof) expired along with it. He could only continue driving whilst his application was being processed by virtue of s88, and it seems clear to me (based on what you have said) that he was not able to take advantage of the benefits provided by that section. 2. The letter he received threatening to revoke his licence was probably a template letter sent when any medical issues are brought to the attention of the DVLA. But it is clear that beyond September until it was eventually renewed, your father had no valid licence to be revoked. I believe a "not guilty" plea in court will fail. The basic facts are that your father's licence expired in September, it was not renewed until February because the DVLA were looking into his medical declaration and he could not take advantage of s88. So in December he had no licence and no entitlement to drive under s88. The facts that he believed he was fit to drive and that his licence was eventually renewed may mitigate the offence but they do not provide a defence. I also asked whether he had received a summons (very unusual these days) or whether he had received a "Single Justice Procedure Notice". The way to proceed from here differs slightly depending on what he has received so if you let me know, I'll advise further.  
    • Well, what I've read from various sources suggest if a CCJ is 6 years old that if becomes pretty much ineffective for enforcement purposes in its original form.  And that if it's about to expire then the claimant needs to apply to the court to extend the original CCJ within the final year.  Even if they do apply for an extension within the 6 years they have to have a very strong argument for doing so such as the person being out of the country or could not be traced, basically show they were actively still perusing the debt I guess. Now if a claimant ever does apply within the 6 years to extend the CCJ, would the person named on if be notified by the court that such an application has been made?.  In my case I've heard nothing from the court so assume no such application has been made.  The original CCJ in my own case is now a year beyond the 6 years of issue so must now make things even less likely again. So whilst the CCJ exists that they have not enforced it in that time must surely make it unlikely they can now take it back to court because as said it would be very rare for a judge to agree to such action now. That said, I guess they now can't use the CCJ to continue with any action for an attachment order to our mortgage either?
    • Donald Trump now banned from countries including Canada and UK as convicted felon WWW.INDEPENDENT.CO.UK There are 37 countries that bar felons from entering, even to visit.  
    • Well, they trashed their last election manifesto pledges, so nothing new really is it? They just find weasel words to try to claim they haven't actually failed if you just look at it just a little squinted and in this particular way  - and are stupid.
    • I think they're inventing stuff now. They seem to know they won't be around to implement any of it.
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Bryan Carter For Lowell via O2***Claim Discontinued***


boody49
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Hi All

 

 

Had the claim from Northampton court from the above. I saw an earlier CP 31.14 letter so I have got that ready to go. Day 10 will be 2nd may so will submit AOS online then. do I send the letter now or wait until I register the AOS?

 

 

thanks

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Hi and welcome to CAG

 

Can you please have a read here and answer the questions raised on this thread please.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

 

That will give the legal guys the background info they need to be able to help you.

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CPR requests should go the day you receive the claim form boody.

 

Regards

 

Andy

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  • 2 weeks later...
CPR requests should go the day you receive the claim form boody.

 

Regards

 

Andy

 

Had Carters reply basically saying, you will have all the docs from when you signed up and they don't need to respond to 31.14 whatever it was as they have " followed correct procedures when applying to court". What should I do now guys!

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Carters response:

 

 

 

We write further to your letter dated XXXX2014 requesting disclosure under Part 31 of the Civil Procedure Rules.

 

We confirm the Claim Form was issued by the Northampton County Court Bulk Centre

and that the Court's Protocol was followed when issuing the Claimant's Particulars of Claim.

 

Practice Direction 7C point 1.4 (3A) eliminated the requirement to attach the documents to the Particulars of Claim when they are issued by the Court.

 

We confirm this matter will most properly be allocated to the small claims Track as this is a simple contractual matter

and Part 31 of the Civil Procedure Rules will therefore not apply.

 

In any event the Notices of Default and Assignment left the control of the Claimant when they were dispatched to you.

 

It is the original creditor's policy to issue agreements at the start of the contract and statements throughout the duration of the agreement

and, in this regard, we ask you to refer to your own records.

 

We confirm our client is not agreeable to an extension for filing your defence.

 

As you will be aware a Claim was issued in this matter on XXXX 2014 and we have received your acknowledgement of service.

 

Please respond to the Claim using the Response Pack provided by the court.

 

You should comply with the deadlines outlined by the Court in order to avoid a default Judgement being entered against you.

 

We recommend you seek independent legal advice.

 

Yours sincerely

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Standard Carter letter I'm afraid no more than a repetitive template.

I would suggest a SAR to the creditor and inform Carter you have done so as you cannot properly prepare a defence without the documents requested.

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

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Standard Carter letter I'm afraid no more than a repetitive template.

I would suggest a SAR to the creditor and inform Carter you have done so as you cannot properly prepare a defence without the documents requested.

 

Once I do that, are they unable to proceed until they comply with it?

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Hi Boody

I used a standard defense for the claim that Lowells/Carters sent.....but that was for a claim with regards to "outstanding Orange Account" what are Lowells/Carters chasing for...more details will help so that we can advise better

 

It's for an O2 outstanding account. What did you put in your defence?

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It's for an O2 outstanding account. What did you put in your defence?

 

Have a read of his thread :-

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?415751-Lowell-Carter-48hrs-letter-now-claim-form-Orange-BB-dongle-debt-***Claim-Discontinued***

 

Andy

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  • 1 month later...

have you checked with the court

 

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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Good news boody.......

 

As DX states check with the court they have received same.Thread title edited to reflect the outcome.

 

Well done.

 

Regards

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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