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    • 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
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      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.  

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    • 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.

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      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
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Joty V Halifax ***SETTLED IN FULL***


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Hi, I have been reading on here for a long time, but decided it was time to get on with my own claim.

 

I sent my initial letter reqesting refund of charges on 17th October, (came to £1138!).

 

A couple of days ago I recieved a phone call from someone in customer relations offering me a goodwill gesture of £250. He told me that the OFT ruling only related to credit cards and not current account charges!

 

Needless to say I have declined this offer.

 

When I send my LBA which is now due,is it best to address it to the person I have spoken to, he has written a letter confirming our conversation so I have a name and reference number or should I send it to the head office?

 

Thanks for the advice

 

Joty

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hi joty,

 

Wouldn't hurt to stick his name on it and then send it to head office @ Halifax P.L.C., Trinity Road, Halifax, West Yorkshire, HX1 2RG. Would also use the reference no. on any future communication. my initial letters went all over the place, they did get there though, one other thing dont forget to get proof of postage.

 

cheers, beano

don't knock it 'till you've tried it! :)

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Thanks for the reply beano.

 

I've sent my LBA to him today!

 

I always send things like this by recorded delivery so I've got proof of posting and delivery. Have learnt in the past when important letters get 'lost in the post!'

 

Now got a 2 week wait until moving onto the next stage!

 

Joty

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I'm feeling really cross with the Royal Mail!

 

I posted my LBA last Friday first class recorded delivery. Went online yesturday to check delivery, only to find it hasn't been delivered! Rang up royal mail to be told yep, it hasn't been delivered, no we can't tell you when it will be delivered, and that they don't consider it 'lost' until 15 days has passed!!

 

I am feeling really frustrated as I was working on the assumption that next Friday I would be filing my MCOL but if Halifax haven't recieved the LBA should I send it again?

 

The person at the royal mail told me that I should have sent it by special delivery which would have guarenteed next day delivery and tracking at every stage so they would have been able to tell where it had gone astray!!

 

Checked again today and it still hasn't been delivered. Now trying to decide if I should just send a copy of the LBA by special delivery tommorrow.

 

I guess the lesson here for me is to send all letters by special delivery even if it does cost rather more.

 

Joty

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Royal Mail told me this morning that my letter to Halifax hadn't yet been delivered, however I have just recieved in the post a response from the Halifax to the letter!

 

Halifax have offered me £386.00. Now I don't intend to accept this. The 14 day deadline I gave them in my LBA doesn't expire until next Thursday. Am I right in thinking that I should reply to their offer and then wait until next Thursday to move on to the next stage?

 

Thanks

Joty

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Hi. I think there`s something funny going on between the Royal Mail and Halifax. My SAR was sent recorded delivery and promptly disappeared into thin air! Got my statements though so they must have recieved the letter. Phoned Royal Mail and they said the letter is regarded as lost and are giving me stamps as compensation. Then I sent my prelim letter first class recorded on Monday (6th), and it seems to have disappeared aswell!!! Can`t believe it. Something iffy going on definately!

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Casn't remember which thread I saw this information on but apparently with the new technology RM are using some of the postman delivering say 15 letters to one address were only getting one signed for. Looks like this is still happening. Thus all other letters are "missing". I am sending post tomorrow using "proof of posting" which is apparently fine and FREE.

 

 

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  • 2 weeks later...

I have today completed my MCOL form. Do I send them a copy of my spreadsheet? and If so where do I send it?

 

Also I read that I'm supposed to send Halifax a copy of the spreadsheet again, do I just put a covering letter in saying this is a copy of the spreadsheet sent in with court claim and do I send it to their Head Office address or to the person I've been dealing with in Customer Relations?

 

Thank you for your help

Joty

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Have just sorted it out. Rang MCOL who have given me the address to send it to.

 

I've decided to send the latest spreadsheet to the Customer relations dept at the Halifax that I've been dealing with up until now and a copy to head office. Hopefully this covers everyone and stops them from trying to say they hadn't recieved the information!

 

Joty

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  • 2 weeks later...

Halifax have acknowledged my claim, according to the MCOL website. Do I get anything in writing either from Halifax or MCOL to confirm this?

 

Also am I right in thinking I just have to now wait until the 28 days are up or should I be checking with anybody to see whats going on?

 

It will be great to get this sorted! then move on to our joint account charges!

 

Joty

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I'VE WON!!!!!

 

Just had the standard letter from Halifax saying that they intend to defend the claim but as not financially viable to do so will pay up all fees plus the 8% interest plus court costs.

 

Thank you so much to everyone here.

 

As soon as the money clears I will make a donation.

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I filed with MCOL on 21st Nov, it was deemed served on 26th Nov, Halifax acknowledged on 1st Dec and today 7th I recieved the offer for full settelment!

 

Have to say it has all gone through very smoothly, I just followed the directions on this site and kept to the suggested timescale.

 

Joty

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Good Luck David

 

I did read on another thread that Halifax often send out their settlement letters on a Wednesday, apparently the week after the week you get acknowledgement to your claim. Not sure how true this is although it's what has happened to me!

 

I hope you get some good news soon.

 

Joty.

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CONGRATULATIONS

 

Don't forget to fill in our SURVEY too!

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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hi joty congratulations on your win ,im only a few days behind you my claim was deemed served on the 1st dec but havent had any reply from halifax or courts yet and they have until next friday to file a defence and as ive heard so many stories about them not getting paper work from courts etc do you think i should phone them wed to see if they have got them as desperately need money many thanks lucy

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