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    • There will be no issues with a course offer if the dates are as you say. The usual cut off is four months from the date of the offence. This is so as to give the driver the time to accept the offer and take the course before prosecution becomes "timed out" at six months.   However, if the NIPs really were the first to be issued and there are no issues with the address details then both have a cast iron defence to the speeding allegation. The first is dated 20 days after the alleged offence and the second 23 days after the alleged offence. The Road Traffic Offenders' Act makes it quite clear that if a NIP is not served within 14 days of the alleged offence then no prosecution can take place. But as I said, late first NIPs are very rare and both need to check all the details I have mentioned before they decline any out of court offers of a course or Fixed Penalty.    For information, courses are normally offered for speeds up to (Limit +10% + 9mph). Only one course of any type can be taken in three years (with the date of the offences being used to calculate that period) and courses are not offered in Scotland. However, if a driver is not offered a course for any reason when he would normally qualify (including late NIPs) he has no right of appeal to have one offered. If the matter goes to court the court has no power to order a course.
    • My grievance against my manager is on Wednesday at 12.00 noon. A union officer is representing me. The representative for my manager is a product manager. I was told today that she is the Daughter or a Step-Daughter of the manager. Is this a conflict of interest? Am I correct in saying that, because the manager is the subject, the hearing has to be carried out by a person higher than the manager such as a director? if so, the product manager is not entitled to carry out the hearing. I'm pretty certain that I read this in law books. My Brother is a licensed union chairman but has since left his previous employment.  He is certain that I am correct . Any help would be gratefully appreciated.   diecastdave
    • Ok cool many thanks!  Much appreciated...I will check everything out now and answer all those questions!
    • Sorry,  its regular outgoings of payments. It’s income related they’re on, not contribution based.  Mum and applicant were totally unaware of the rules in regards to deprivation of capital.   On income related ESA but claim housing benefit and council tax support.   He hasn’t came into a huge chunk of money. It’s been spent over a duration of four years. appointee’s livid, and worried that he’ll be homeless.  
    • Hi all           I spoke to the courts earlier today and they advised me that the points placed on my licence were removed in October 2019, and that a court date is set for November 26th. Guess what ??? I had not been given that info either. The courts were very helpful and explained to me that everything had been sent to my previous address (which I have not lived in or owned for 5 years) The car in question was registered in March 2016 and I have owned since new and has never been registered to my old address. I have proof of this down to the point of not taxing the car March 2017 as the car was zero tax I did not realise I still had to go online and tax it, the summons for that was sent to my current home address.  it is very strange that the police directed everything to my previous address. i then contacted the police on the number given by the courts and was told to forward proof I was out of country at time of offence for them to look at, the police officer was very understanding and quite helpful giving the information. I have to e mail her tomorrow and will give an update when I know more as this previous address thing is really confusing !!!  
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Li4m79

Capquest/Shoesmiths Summary Cause Summons - old Shop direct cat debt **Claim Dismissed**

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3. The said contract between Shop Direct Limited and the defender is dated 10 March 2010 and relates to Mail Order agreement with account number xxxxxxxxxx.

 

Capquest dont have an agreement number ...use the original of SD


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are you able to get to perth court and hand in the 6+7?

 

 

keep any other details you write very vague


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thank you :).. I assume this is to buy me some time until all documentation from SD and DCA are retrieved,

then just taking it from there.

 

I should be able to get to the court today before 5pm so will hand in those pages.

 

(can I just thank you all again for patience, help and advice)

 

i'm still confused over the CPR to SS...

 

I don't understand how this is not automatically covered under the simple procedure rules that came into effect last november, i'm also confused as to what I need to send to SS...

 

I see the various sets of rules but a lot are designed for the prosecution.... am I missing something?

 

From what I can see through the CPR is that the court contacts and sends the pursuer my response

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forget the cpr stuff

the CCA request is the important one and they cant progress the claim without an enforceable agreement

 

on date I sent a CCA request to the pursuer, this has yet to be complied with.

 

the pursuer is also put to strict proof to provide copies of any other documents they intend to rely upon.


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so any ideas what to expect at court in a couple of weeks?

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its only a table down the front anyway. very informal.

 

if you do get a spare morning

its always worthy to go sit in the public bit in the court where these are heard 'en-mass' from about 10AM.

 

then you'll get a feel for how these things run.

 

 

dx


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ahh ok, might try and pop along next week if I get a chance.

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so just a quick update,

 

i received a letter from capquest today saying they are forwarding my request for info to shop direct and will send me any once SD have gotten back to them. Also the letter says amount owed : £3299.xx??

 

its a different figure to what the court summons is saying??

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you must attend weds day 10AM. regardless.

 

increase is prob court fees but if they cant prove their case they can add what they like they aint getting nowt!!

 

did you ever send that sar to SD as advised

you need to start gathering penalty charges statements as post 6.

 

the 'person' you will be 'up against' will simply be a local sols that deals with 100's of these every day

they wont know or care about you one bit

and will probably be totally clueless as to the fact you've sent the CCA and got a reply.

as that'll be an eye opener to them.

 

DONT enter into any 'little chats' before the case.

 

you'll soon spot them as they'll be at the desk for all the cabot cases infront of yours.

just sit where you and the others get directed too

and watch and listen...

 

when you get called simply pop down the front and answer what ID questions are required to ID you etc.

then keep quiet till asked to speak by the Sherriff he knows the score and it your friend.

 

when asked to speak

simply state that the pursuer has failed to comply with your CCA request to date.

other than the letter you received today and you stand by your filed defence.

 

IF you feel its going well,

then theres nowt to stop you mentioning that you feel its extremely unfair that they are allowed to issue a claim without first having to prove its substance

[it used to be in Scotland that they HAD to attach proof to the claimform but was recently changed]

without producing an enforceable agreement and verified documentation .

and that you further think its rather poor they get even more time to now provide such documents

 

he might throw it out he might not,.


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of course I wouldn't want to speculate that crapest were already panicking

but

and i'll liken them to cabot who do 1000's of Scottish claims and many fall flat when challenged

but

they only just got over the £3k mark for summary cause

it could well be they have added this extra just to push it a bit more above the £3k mark when its under the sheriffs eyes.

 

 

because no doubt if they do carry this thru to later hearings by then you'll have the charges done and i'll bet lots that will knock several £100 off the balance.

 

 

its a game of chess as you'll see.


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So court was ok... I go back in 4 weeks.. capquest failed to produce any documents.

 

I mentioned that it was unfair to bring me to court with no evidence actually with them and this is why the sheriff had given it 4 weeks to let capquest get their stuff together.. if they don't then it will probably get dismissed then..

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if they don't then it will probably get dismissedlink3.gif then..

 

 

is that what the Sherriff said himself?


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We'll a previous case in the morning with capquest was a girl who was there 4weeks ago and she was returning but capquest had no documents supporting their case so the sheriff dismissed the case.

 

He brought that same case up when he was talking to me and said he wanted to see why capquest has not yet responded to the CCA properly before he made a decision.

 

The way he implied gave me the impression my case would follow suit.

 

If I receive documents do I have to send them to SS?

 

Also am i right in saying they have to provide me with what they intend to use at least 14 days before the court date? So in effect I have 14days from now to hear from them?

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what do you mean if you receive docs?

from whom?


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Sorry I meant when I receive the CCA and SAR docs from CQ and SD.

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whatever you get from the sar YOU KEEP TO YOURSELF!!

 

at this stage you don't and shouldn't tell anyone you are getting the sar.

 

that data MIGHT be useful if things get sticky with regard to they DO find enforceable paperwork.

then charges could be a useful retort against the balance.

 

you don't do their dirty work for them either...

 

if they do reply with docs [and we check them] your next move might be to file a defence

 

if its close to the next hearing then you'd simply inform the Sherriff you only got the docs XXX date which you have yet had time to inspect.


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I think I mentioned the SAR today and in my court summons response form.

 

Hopefully it will have gone unnoticed

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what i got from SD...

 

so looking at it

 

I must have had 2 separate accounts,

 

1 acc number is the one on my summons the other isn't.

 

They are asking what info i require

(although i thought the SAR letter pretty much covered it!

sdsarreq1.pdf

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its not for them to try and filter the info!!

 

you require ALL the info they hold on you

 

for your own personal financial records.

 

id phone that guy and put a flea in his ear.

 

remind him he should not be undermining a legal request.

 

else he could end up in court.

 

dx


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Update: ok I'd emailed SD and today I received lots of printtouts and screen grabs.

 

I have still not had anything from cc or SS with regards to the case. I'm under the understanding I am to receive whatever SS intend to use 14 days before the court date which is next Wednesday.

 

It's quite hard to make sense of it all but will have a proper look over once I get some time.

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And they will be expecting your evidence and witness statement...read your directions carefully..both parties must comply.

 

Andy


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At the previous hearing the sherrif gave it 1month for cc to get something of substance to the table.. as of yet there is nothing..

 

My misses has signed for my SAR delivery and I've not had a chance to look at it yet..

 

On quick glance, the debt was bought for 3006 as claimed for. For the history of the account with SD I only made minimum repayments and yet they were increasing my credit limit at a rate of 300 every couple of months sometimes it was more.

 

It went from a 600limit to a 3500 limit very quickly

 

Last payment made 12/4/12 from what I can see

 

Don't think it's looking too good now, unless cc fail to produce adequate paperwork.

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I refer you back to post 42


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