Jump to content


  • Tweets

  • Posts

    • 05.05.24 Ever so sorry if I have entered this in the wrong part of this website.   My grandfather is in his 70's and retired.  He asked me to help him find a work pension that he was paying into when he was working. From 1967 - 1982 he worked for a Fabric Dying Company, Celanese, Spondon Derby UK. I have already used the GOV.uk Trace Pension Scheme. It listed a few pension companies : Akzo Nobel (CPS) Pension Scheme formerly Courtaulds Pension Scheme.  I do not fully understand how this works but I think this scheme is administer by a company called Willis Tower Watson. We have called this company, got through to the pension department submitted all my grandfather's details (D.O.B. , N.I. no. etc.) but that agent tells that they have no record of my grandfather and ask what is the name of the pension scheme. Here is the problem, his home was burgalled in 2005 and a briefcase which contained his legal documents was stolen. So he does not know who was the Pension Scheme company. I have a this phone number 01332 681 210 for Celanese but it just rings and never gets answered. So I am asking for help if anyone can tell us where we can try next. I am also hoping for a massive long shot that one of them members on this website, worked for or knows someone who worked for British Celanese Spondon Derby and could tell us of any pension company. Thanks for any help.
    • Well I sent them the letter of claim, the only responses so far was a few emails reopening the claims on the parcels where they asked for information such as proof of value (which I get) but other things like photos of the parcels, which I haven't got as I never took photos of them. It's been well over the 14 days since I sent the letter now anyway, so what do you think I should do now?
    • Know it has already been answered, but? Does not explain why JCI has registered a different default date when they get the information from the original creditor, Virgin
    • 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 the 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 and comply with their offer and to give them the time to go to option (3) if he declines or ignores it.  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 heard nohing, 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 in these circumstances  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.  I think I've answered all your questions but if I can help further just let me know. Just a tip - if you are offered a fixed penalty be sure to submit your driving licence details as instructed. I've seen lots of instances where a driver has not done this. There will be no reminder and no second chance; your £100 will be refunded and the police will prosecute you through the courts.
  • 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

VCS/BW Claimform - PCN 23-04-2015 Erie Basin.... In salford quays **DISCONTINUED**


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2656 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

Ive just called up the court and they make that i had until 2nd September so they said its fine.. that i submitted today thank god!

 

They still have not received any judgements or information from the claimant aka BS Legal - therefore they said as long as i submitted my defence today (which i did this morning) that all is well.

 

I think its just a waiting game now to see if BS legal continue with the claim or decide to drop it.

Link to post
Share on other sites

  • Replies 67
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

BW legal

and they don't decide judgements the judge does.

 

 

so was the date on the claimform 29TH? [top right]

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... 

Link to post
Share on other sites

Yes, the date on the letter is 29th July 2016.

The advisor explained i have 5 days from the issue date and then a further 14 days from the acknowledgement.

 

I dont know how he worked out the dates - he talked me though it but due to my learning difficulties with numbers... I'm accepting his calculations and have recorded his name and time of call if anything further comes of it!

 

side note: again regardless of the outcome of the case id just like to say thanks for everyones advise! you guys do a fab job.. especially with the clueless sort like myself and i actually don't know what i would have done without this forum! :)

Link to post
Share on other sites

now you need to keep an eye on the calendar,

you should get an allocation questionnaire soon,

this will determine what court the matter is heard at (your local county court is the default) and what track (small claims procedure) and will be aksed if you accept mediation or have any dates you arent available.

 

 

Essentially you say no to mediation ( not applicable in this case but they must offer) and let the system allocate the local court when the time comes.

 

 

The plaintiff will then have to pay the allocation fee and this is where you get a chance to have the matter thrown out as they have to pay this in a set time (dates will be made clear on the paperwok both parties get).

 

 

If they dont then you write in and ask for the claim to be dismissed.

 

 

You can just wait and wait and wait but then you wont know if the matter has been dropped or not so better to be proactive.

If you are using MCOL then the dates will be flagged on your account.

Link to post
Share on other sites

ps for the record

what defence did you file?

 

 

will help others

 

 

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... 

Link to post
Share on other sites

  • 3 weeks later...

Hi

 

apologies for the late responses i was on holiday but now back to this reality!

 

I have just checked my account online.. i submitted my defence on the 1/9/16 and there is still no update nor does it appear that the other party have responded to my defence.

 

I've not had any post from the courts either in relation to this questionnaire - other than my online account saying that they have received my defence.

 

In terms of what i submitted… it was just my account of events, cited all the research i did to try to locate planning permissions etc. for signange/car park but found non, the fact there were no signs saying it was a private car park and the fact i was told i could park there by the cafe i was visiting

 

- i wrote to their solicitors asking for information (as i was advised in this forum) and received no acknowledgement or response from them which i also included in my defence.

 

It was only after i submitted my information that i found the pre-worded one in these forums somewhere whilst looking/reading around - but I'm hoping that the courts won't look down on me as I'm by no means legally trained!

 

I'm going to contact the court tomorrow just to make sure there isn't an update that i have missed and will of course update on here.

 

Also, when i rang up about my defence submission timeline, i was told by the person i spoke to that once my defence is submitted, the other party will have a look at my submission and either choose to take it forward to court or choose to take no further action.

 

But as you rightly point out - i can't just keep on waiting forever for them to respond as i assume they also have a timeline in which they need to respond.?

Link to post
Share on other sites

After 33 days the claim is autostayed

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... 

Link to post
Share on other sites

  • 2 weeks later...

just another huff of hot air designed to scare you into paying.

they should realise that when things get this far people arent afraid of them any more.

 

One of the reasons I like it when they comment on thread in advice forums, it has the opposite effect of what they are trying to achieve.

 

We had a poster on here who was being chased for about 3 grand for parking in his own estate.

 

they claimed that they knew he was the poster on several forums, inc this one and they would have him for breakfast.

 

On the day they failed to send any witnesses and hired a solicitor who was told to just object to the defence in the vain hope the judge would adjourn.

 

The solicitor washed his hands of it all when he was asked for the reasons for objecting, he just said "I was told to".

 

Found for the defendant and the parking co had choice words said about thier actions.

 

If they had taken heed of the advice they would have dropped the whole thing once it was obvious they didnt have any right to start an action

(they knew that but each ticket issued is another chance to make money so they continue whith their deceptions)

Link to post
Share on other sites

Well heres hoping i get some equally inadequate opposition!!

 

Iv had the court letters throught offering mediation.

As advised previously i plan on rejecting this and taking it from there .

 

Should i not have a copy of what their defence is?! As i have not seen anything

Link to post
Share on other sites

ah ok, i'll have to wait and see where they allocate it as I'm hoping they choose my locality as oppose to theirs!

 

also sorry to be a pain, is it possible to post a link to the thread? i can't seem to find the one you're referring to? million thanks in advance!!! :)

Link to post
Share on other sites

not sure why this keeps popping up on Private parking Claim forms

but 3 times now people have worried about it..

 

 

a defended claim is always transferred to the defendants local court if it gets allocated.

 

 

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... 

Link to post
Share on other sites

Gladys has tried to get them transferred to their local court but that would need a very good reason such as disability and the consent of the defendant. The defendant can have the matter transferred to another court, one near your place of work, for example, if there is a pressing reason.

Link to post
Share on other sites

Thats reassuring to know!

I looked on MCOL and bw legal have no put anything on there... is this normal? The only letter i have receieved from them personally is that they intend to take it to court and another following letter from the county court woth the questionaire.

 

Theyve still not responded to my letter i sent them requesting information and i havent seen any information in terms of their evidence and what basis they are continuing on? Im assuming the process is similar to magistrates whereby both parties have copies of all the informtion to be submitted?

Link to post
Share on other sites

  • 2 weeks later...

as long as you tick no then that plan will crash in flames.

 

If you agree then generally they will try and salvage something, such as their costs by suggesting that there is some liability.

 

No means they ahve to pay more money and lose the lot when they fail to follow the court procedure or show why they are suing you.

 

Read the parking pranksters blog about Gladstones getting claims throw out for insufficient information on the original claim to show cause of action under CPR16.4 Not answering a CPR31.14 will most likley persuade a judge of that if you go fot it later

Link to post
Share on other sites

  • 4 weeks later...
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...