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    • Please see below for an extract from the letter more about my case.    You have been convicted of two matters of failing to give driver details linked to two speeding offences and been disqualified in your absence. You confirmed that you did not receive the court documentation and the first you knew about the cases was on 3/6/24. As you can make a statutory declaration it is possible that we will be able to persuade the police to accept pleas to either or both of the speeding offences as they were committed within a very short space of time and withdraw the two fail to give driver details offences as normally if you plead to one or other of the speeding or fail to give driver details the prosecution will withdraw the other related offence. If successful you would not face a totting ban. In respect of the speeding offences, it could be argued they were committed on one occasion due to the proximity of the time and location and we may be able to persuade the prosecution to drop one of the speeding offences. You are technically guilty of all the offences because you accept it was you driving when the speeding offences were committed and that you did not update your change of address with the leasing company when it was your responsibility. If the prosecution will not withdraw the two failures to give driver details offences, you will face a totting ban but will be able to put forward an exceptional hardship argument. This may or may not go ahead at the court hearing date, so we need to prepare for all eventualities. As a safeguard we have lodged the appeal and applied to suspend your ban pending appeal due to the time limit for being able to automatically appeal without getting leave of the Judge. The court have dealt with the matter very quickly and have actually listed your matter for an application to suspend the disqualification pending appeal on the above-mentioned date. We could actually use this date to make the statutory declaration in court having explained the situation to the magistrates and then see if the prosecution will agree to accept pleas to one or both of the speeding offences as a way of resolving the matter without the need for you to put forward an exceptional hardship argument. It is possible the case would need to be adjourned so that we can make those representations, or the court may want to go ahead and hear the exceptional hardship argument. The outcome of your case is always at the discretion of the Court.  
    • Hi,    I will look over your case shortly.   I am sorry for the delay.
    • Judges are now loaded and they are both deputies 😕
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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.

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      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
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virgin MBNA credit card


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I sent the first to thynne street Bolton

when I did not get a reply I sent the second with a copy of the first letter to jubilee house Gosforth Newcastle upon tyne which is apparently the head office

 

any ideas

 

since I already have agreed deals with my other creditors but I have not received anything back

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Did you give them a time scale by which to respond/agree to your offer?

 

Are these the only ones who haven't agreed to your offer?

 

If they have failed to accept your offer and others have then IMHO they have refused your offer by ignoring you so accept the legal minimum payment of £1 a month.

 

It really does depend on what the account is and what else is in your DMP?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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well I got a I & E done by the citizens advice as the amount I would have to pay towards rent etc would increase quite considerably due to a change in circumstances

 

I wrote to all my creditors first offering a F & F settlement

 

then I offered a pro rata payment plan which all the creditors have accepted except this one

 

since i have not heard back from them ,

the problem being is they are my second biggest creditor so I need them to be on side.

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Matters not one jot.

 

If 75% of your creditors have accepted your offer then the remaining 25% have to accept by default, AFAIK.

 

You HAVE ensured that they are all ''legally entitled'' to your money?

 

CCA done?

Reclaimed all penalties/fees/charges PPI etc?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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write to MBNA not virgin

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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  • 2 months later...

I had a major change of circumstance at the end of june

I was unable to afford to service all my debts ,

 

I went to the citizens advice bureau and between us set out my I & E form and subsequently saw how much money I could put towards my unsecured debts and offered them two options a f & F settlement or a pro rata payment however there was a very good change I would be made redundant due to my ill health.

 

Fast ward to now

I am now on SSP and a payment from the company pension fund atm

I am also in receipt of a small payment of housing benefit .

As soon as the wages went to that level

I again contacted all my creditors and

they agreed to accept a nominal amount of £1 a week except virgin ,

they all have frozen all interest and charges.

 

We come to virgin Despite numerous letters to them I have only receieved statements letters of default .

default sums oweing .

 

I got a letter from them saying my complaint it taken longer to investige then normal .

don't no why I sent all the paperwork to them ,

 

I need this to be sorted since its pointless paying anything towards it because they are just pilling on interest and charges .

Also they don't seem to have even read any of my letters sent to them ,

 

I got a text saying please call us to discuss your account

dispite saying I would only except written communication.

 

As for a return to work my last specialist have written to the GP saying until I have seen this other specialist I cannot return to work .

On a foot not i don't know wether I will have a job when I am fit to return to work.

 

Idea please sorry for the length

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If they are still adding interest and charges, you DROP them down to £1 a month for the life of the debt.

 

Have you got all the statements of this account?

 

Have you ever reclaimed all of their fees and charges?

 

As you have requested their help, and they have foolishly ignored you, then all of the fees/charges and interest they have added, can be reclaimed under the hardship rules.

 

TBH, I would fire off one letter clearly stating, that as they have failed to assist you during your time of financial hardship, you will only pay them £1 a month for the life of the debt, should they wish to read your letters and then assist you, they can write you with their offer of help.

 

When did you take this agreement out?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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stuff 'em

under the rules and guidelines that govern them they must help you

 

they are not

so fire off the £1PCM till you die letter

from the debt collection section of our library

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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