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    • Email and call your local councillor, their details should be on Google.  Just explain everything to them and they will have the bailiffs off your back in short order.   Do it now, and this could be resolved by tomorrow.  
    • Your latest ramblings make no sense in relation to the issue (which is whether a person hearing an SD can question the maker as to its truthfulness and reject the declaration if they are not satisfied as such).     It's not within 21 days of the hearing it's within 21 days of learning of the conviction of which they were unaware. I don't know what it is you are reading or are referring to but there is no "debtor" involved in an SD that is made to have a conviction set aside. When an SD is heard in court the only officers involved are the court's Legal Advisor and the Magistrates themselves.   I’ve just been looking back at the original post which started all this off to ensure I wasn’t going mad. I’m pleased to say I don’t think I am. Instead I am of the opinion that you did not properly grasp what originally happened to the OP and compounded that by providing incorrect, misleading and confusing advice whilst plucking bits of irrelevant legislation from thin air randomly when you commented. Here’s a few of your quotes and my comments for you to consider.     The OP said no such thing. She said she had moved three years earlier. For some reason unknown, her change of address was not recorded by the DVLA. She said she was happy to accept the speeding allegation. This indicated she was driving (a fact she confirmed absolutely soon afterwards). Nowhere did she ever say she was not the owner of the vehicle at the relevant time.         So, from advice to plead Not Guilty to advice to plead Guilty inside two hours, with no new or additional information provided. Still you mention somebody else being the driver.         What is an “out of time statement” and where and when was one ever mentioned?     Then from the OP:       Your response:       The cause of any confusion was your comments. She said from the outset that she did not live at her old address when the offence was committed (in fact she went to some lengths to explain that was why she did not receive the court papers). Nowhere did she suggest she was not the driver nor that she could not or would not disclose who was.     No it isn’t. A Statutory Declaration voids the original conviction as if it never happened. Section 142 of the Magistrates’ Court Act is not involved with the resurrection of proceedings following an SD. That Section grants the Magistrates powers to re-open cases to rectify mistakes, etc. There has been no mistake here, the Magistrates will not be called upon to re-open the case and could not prevent it being revisited even if they wanted to.   Then we set off into the intricacies of the Statutory Declaration process which is covered above.   I’m not surprised the OP in this particular case became confused. Her matter is straightforward enough (for those who know the law and the process). In summary: She moved; She thought the DVLA had her vehicle registered at her new address but they hadn’t; Her vehicle (with her driving) was detected speeding; She (unsurprisingly) did not receive the notification of that offence or the request for driver’s details; She obviously didn’t reply to that request, she was prosecuted for it, convicted in her absence and without her knowledge.   Happens every day and simple to deal with.   Unfortunately, not when you became involved it isn't. Firstly you grasped the wrong end of the stick by assuming she was not the owner and/or the driver. You advised her to plead Not Guilty on that basis. Then, when you had grasped some idea of what had really happened you suggested she plead guilty to the S172 offence purely on the basis she had moved and the speeding information was sent to her old address. Very poor advice. Then you scared her witless by incorrectly suggesting there was a chance her SD would be rejected if it was thought her declaration may be untruthful. There also followed discussions about the six month time limit for prosecutions and the 21 day limit for SDs to be accepted unconditionally (both totally irrelevant).   I don’t suppose you will accept any of these criticisms but whether you do or not you clearly caused the OP considerable confusion and probably distress. My comments are not based on something I've heard on the net or on barroom (sic) knowledge. They are based on my knowledge of the law and of Magistrates' Court procedures.  It's obvious you will pay no heed to me so when I see any such clearly misleading information provided to an OP by you in this section in future I will simply report it to the site's administrators.
    • Just ignore unless you receive a PAP letter.    Chances are you will run out the clock and it will become SB'd.    
    • Sure I read somewhere that PayPal MADE 2.2 billion dollars in 2018, so I guess losing out on say 10 million a year in negative balance is more cost effective than paying tax in the UK?  Dont get me wrong I’m by no means saying “sod it” they can afford it, I’m just hoping they don’t take me to the cleaners and at least give me time. 
    • I apologise profusely for my actions in this case. I pride myself on my integrity and honesty and I feel shameful for my moment of very poor judgement. As the sole income earner for the family (my wife is on maternity leave), a criminal record would be devastating for us as my employment relies upon a clean criminal record.   On the 22nd I was travelling to London Bridge and needed to connect at Three Bridges. When purchasing my ticket in the morning I only bought a ticket to Three Bridges by mistake.   I made a bad error and I am just so sorry for my actions and the inconvenience caused to all involved.   I am happy to make immediate payment of the unpaid fare and any incurred costs that my mistake have caused.   I would appreciate your consideration and I sincerely hope that you can show some leniency as an criminal conviction would impact my employment and ultimately being able to provide for my family.   Regards   I cant offer to get a monthly ir annual as I only travel a handful of times per year.
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Without going into the full scale of the problem my daughter contracted a bathroom fitter to replace her tiny bathroom. Two weeks on, and two men the bathroom is only half completed and it is a right shambles..from the tiling, leaking toilet which is also coming off the wall, leaking sink which has flooded the new units and ruined them, and also the new flooring, damage to the shower profiles so that the shower cubicle will not fit...the plumbing is all wrong, plus exensive damage to areas of her property. There is a long extensive list of problems.

 

She asked him to stop work a week ago and has managed to get three quotes to re-do the work. Each new plumber has stated how appalling the work is and it all has to be started again, with the tiles taken off and taken back to the basic plumbing.

 

Meanwhile, he sent her an invoice - by hand on the Monday, and initiated court proceedings on the Wednesday two days later without any discussion regarding the remedial works.

 

Firstly, I understand that a business cannot issue proceeding against an individual until they have followed the new Pre Action Protocol (PAP) which came into being on the 1st October 2017, which is quite a lengthy list and the first one is giving the debtor at least 30 days to discuss the debt.

 

Secondly, and a bit more importantly, he has started the action in his personal christian name and not the name of his business. She had a contract with his business, not him personally...surely this is wrong and would fail in court?

 

She is trying to get an appointment with a Solicitor who deals in civil matters but it is proving difficult .

 

If anyone could enlighten her on the two question/issues I have posed, that would be most helpful. Thanks

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She won't need a solicitor. She can do it herself. She's worried about it all then she should have a look at how making a familiarisation visit guide.

 

Please will you post up the claim form here in PDF format.

 

She should start making a detailed note of everything that has happened.

 

Make a detailed statement about how the work was commissioned in what was agreed.

 

Make a detailed statement of how the work was conducted including dates and times of attendance by the plumbers.

 

Make a detailed statement about everything that has gone wrong and the condition of the bathroom now. Lots of photographs.

 

Get written opinions/quotations from the people who have already seen it and have said how bad it is. Ask those people if they would be prepared to give evidence in court. You may need to pay them a fee for this but assuming that you win, the fee will be paid by the losing side.

 

It doesn't matter what name the guy is suing in. It's just a technicality so don't get hung up about it. He certainly should have followed the pre-action protocol and doesn't appear to have done so. This is not fatal but it is worth referring to in your defence.

 

Start making statements that I have suggested and also post up the claim.

 

Don't get involved in any phone calls but if you do then make sure that you have read our customer services guide first and implemented the advice there.


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Thanks. Everything you have listed that she should do, she has already done, Photos, quotes, invoices for new tiles and other materials.

 

She has done the statement etc., of which he has a copy.

 

She has not been able to live at home for the past several weeks now as the contract was for him to do both the kitchen and bathroom. He ripped out the kitchen along with the bathroom so she has no living facilities. Just a washing up bowl and cold water from outside tap, and takeaway meals.

 

Her company has paid for accommodation to get her away at the weekend as she is so distressed as the builder/plumber/Mr cowboy has been threatening her and she is afraid to go home. Her company is willing to pay for the solicitor if she can manage to get one. I spoke to the police and they asked her to call them if he contacts her in a threatening matter again.

 

I have also had abusive text messages from him when I asked him to leave her alone. The police said to save all messages which we both have done.

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Please post up the claim form in PDF format.


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I don't have the claim form, it is with my daughter.

 

I can ask her for it but at the same time, I cannot scan it as I have no scanner, unfortunately. How will the claim form help?

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If you simply want to go to a solicitor then you should find one and you won't need any help from us

 

In fact you might end up getting conflicting help and that will simply cause problems

 

If you want help from us then you will have to post up the claim form so that we can help you for a reply

 

If you go to a solicitor then they will also want to see the claim form

 

Do you think you are likely to ask the solicitor why they would want to see it?


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If you simply want to go to a solicitor then you should find one and you won't need any help from us

 

In fact you might end up getting conflicting help and that will simply cause problems

 

If you want help from us then you will have to post up the claim form so that we can help you for a reply

 

If you go to a solicitor then they will also want to see the claim form

 

Do you think you are likely to ask the solicitor why they would want to see it?

 

I do appreciate your advice and I did explain that I don't personally at this time have the claim form. I further explained that I have no scanner so if I did have the claim form I would simply be unable to scan and post it - hence I asked why you needed to see the actual claim form. In other words, is there something I can describe from the claim form that would help with my query. I am not being difficult or unwilling to upload, simply cannot.

 

If my daughter goes to a solicitor then she would have no need to ask why he needed it, she can simply give it to him - different scenario as she would not need to scan and upload to a solicitor.

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If a solicitor is being paid for then she should go and use that advice

we are happy to help and advice is completely free but the people who come to us to at least need to have the basic equipment necessary to let us look at documents

Do let us know how it goes


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Momma, you can take photos of documents with a mobile phone and then convert them to pdf documents. Our upload guide has details.

 

 

HB


Illegitimi non carborundum

 

 

 

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Momma, you can take photos of documents with a mobile phone and then convert them to pdf documents. Our upload guide has details.

 

 

HB

 

Hi Honeybee, I am sure that people with smart phones and the correct software could do this. I don't have that sort of phone.

 

Thanks for all the replies and help anyway. :-D

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