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    • When you have completed your SD you will almost certainly be asked how you plead to the offence(s). Hopefully you have been "dual charged" with both Failing to provide driver's details (FtP) and Speeding. So long as you were driving at the time of the allegation you should offer to plead guilty to speeding providing the FtP charge is dropped. Do not under any circumstances plead guilty to speeding unless and until you have this agreement. You cannot be convicted of speeding unless you plead guilty as they have no evidence that you were driving. The danger in pleading guilty without the deal is that you will be convicted of speeding and they can still continue with the FtP charge. On the basis of what you have said success will not be impossible but will be problematic and the possible outcome is nine points. The "deal" is a well known procedure to prosecutors and Magistrates and is exercised in courts across England & Wales every day and is nearly always accepted. It is nearly always accepted. If you can, arrive at court early and ask to see the prosecutor. You can put your offer then. If not, make the offer when you have completed your SD. If by any chance it is not accepted, plead Not Guilty to both charges and come back on here (your case will be adjourned to a later date). We can then decide whether you have a reasonable chance of successfully defending the FtP charge. Certainly at this stage you do not need a lawyer. You probably wouldn't need one if you have to defend the FtP charge either but let's wait and see what happens on Friday. Save your money for your fines, etc.   You need to make every effort to avoid a FtP conviction. It carries six points but most importantly an endorsement code (MS90) which insurers hate and it will see your premiums increase dramatically.
    • “There is the science, and then the art”.   The science gives you verifiable facts and figures. The art is applying the science in the real world, taking human factors into account.   If I had been in Wuhan, I’d hope I’d apply the principles of Bentham utilitarianism, taking all measures I could to protect myself but without risking others (so, no lying to evade movement controls). Yet, until actually placed in that situation: would I? I don’t know what I’d actually do until I’m in the situation.   What then if (early on in the Wuhan outbreak, before the travel embargo) I am already booked on a pre-planned flight out? Do I cancel it? Not if I don't have a temperature....   What if I have a temperature? I should ‘not travel’, but what would you (or I) actually do? Public opinion (looking at the case of the ‘Michelin traveller’) says to travel would be selfish.   What if I had a temperature, but my flight (booked before the outbreak) was to visit a terminally ill relative, who had only a very short time remaining?. Things are rarely cut and dried.   What would you (anyone, not just me and HB) do? Do you believe that what you think you’d do (when considering the issues) is going to always be the same as what you do when actually in that situation?   Human factors. Eyam plague: The village of the damned http://www.bbc.co.uk/news/uk-england-35064071   Would people do the same, today?
    • To just show there is nothing adverse on it and the address is not on there, anything really to help me? I really don't know as I say i have never been through this before.
    • Thank you. We were sort of saying the same thing then, that people and human nature make controlling disease more difficult?
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wakeyshakey

Lowell/? claimform - old cap1 card debt - poss SBd***Claim Discontinued***

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Thanks DX.

 

I'll get them all done tonight and sent off recorded mail and signed for.

Do I need to inform the court of anything?

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I take it you have not yet submitted the statute barred defence?

 

Andy

 

Hi Andyroch

 

Yes I have. I did it a few weeks ago when I was given the incorrect data by cap1

Is CCA and CPR request still the best way forward?

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I'm just putting together the CPR request and noticed that it says that I have not delivered my defence. What do I do in this case as the defence has been delivered?

 

Thank you

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I have done. So am I ok to send bot the CPR and CCA out tomorrow morning?

Is there any steps I need to take with the defence that I already submitted?

 

thanks

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dunno see what andy thinks but get them letters flying.

1st class with free proof of posting isa ll thats needed

don't waste £10's on recorded etc.


..

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OK thanks

I'll wait for Andy's reply and will get both letters out tomorrow 1st thing.

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Well as it stands your defence is useless...this is a problem when submitting defences too fast and not using the permitted full 33 days to evaluate a claim.The statute barred defence should only be submitted if the debt is unequivocally statute barred.

 

Its expensive to amend (application £100 without hearing and the courts/claimants permission)

 

I suppose you can only wait and see if the claimants intend to proceed and do mess up on procedure along the way and hope there is no need to amend.


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Thanks Andy

Hopefully, I wont have to pay out £100.

I have sent out the CCA and CPR requests today as well.

I guess its a waiting game from this point on.

 

Thanks all

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I'd like to ask a question if I may?

 

The document they sent me has my name spelt incorrectly. Do I need to notify them of this?

 

Thanks

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Hi All

 

I have received a letter from Lowell stating that the debt is not statute barred (last payment date mentioned) and that they have requested copies of the agreement and default notice.

 

I also received a separate letter stating that they have requested mediation so I am expecting a copy of my own to complete.

 

As Andy mentioned that my statute barred defence is useless,

how/ when will it be possible to alter the defence or is it unlikely that I will be able to do so?

 

Thanks

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can be addressed in your witness statement at disclosure stage IF it ever gets that far.


..

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Have you received a directions questionnaire (N180) yet?

 

Andy


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Hi Andy

 

Yes I have now received a questionaire to complete and send to all parties.

Does this need to be sent to the solicitor, the defendant and the court?

 

Many Thanks

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well you retain your copy...

 

 

or if by defendant you mean the claimant - no.


..

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Just the solicitor for the claimant and a copy to the court.

 

Keep a copy for your own record.

 

Add a short letter with each along the following lines:

 

"Please find enclosed by way of service, completed N180 Directions Questonnaire. A copy of which has been served to court/claimants solicitor. (Delete as appropriate)

 

Job done!


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well you retain your copy...

 

 

or if by defendant you mean the claimant - no.

 

Hi DX

 

Sorry, I meant the claimant. I ll complete and send ASAP.

I have agreed to the mediation service and to go via small claims track.

 

Thanks

 

Just the solicitor for the claimant and a copy to the court.

 

Keep a copy for your own record.

 

Add a short letter with each along the following lines:

 

"Please find enclosed by way of service, completed N180 Directions Questonnaire. A copy of which has been served to court/claimants solicitor. (Delete as appropriate)

 

Job done!

 

Thanks Martin

 

Your help is much appreciated. I will include a copy of the statement above to both parties.

 

Thank you

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Hi All I have had a call from the mediation team today.

They asked me if I had all the information I needed to proceed to mediation.

 

 

I told them that the agreement and default documents had not been produced as requested in writing.

They said if that was the case, then they would forward it to the local court.

 

 

The person I spoke to suggested updating the defence with the documents I had requested when I receive confirmation that it was with the court.

 

 

Does anyone know how best to do this? Many Thanks,

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twill be addressed in your witness statement IF it gets that far.


..

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Hi DX Thanks for replying. Is the witness statement a document which will be sent by the court, If it does get that far? Thanks

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Hi DX Thanks for replying. Is the witness statement a document which will be sent by the court, If it does get that far? Thanks

 

No its one you prepare and submit in line with the court directions which you should have received after allocation...in support of your defence.


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Thanks Andy I'll await the documents to arrive. I was advised it would be about 2 weeks or so. Thanks again all

No its one you prepare and submit in line with the court directions which you should have received after allocation...in support of your defence.

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Thanks Andy I'll await the documents to arrive. I was advised it would be about 2 weeks or so. Thanks again all

 

:thumb: Notice of Allocation is what your waiting for next.


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