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    • Hi BankFodder   Many thanks for your assistance in this matter.   I have decided to commence County Court action against DPD/Parcel2go regarding the lost parcel.   I would just like you to clarify whether which company you recommend me to commence legal proceedings against:   Parcel2go. My contract was made via this company.   Or DPD - This company undertook the contract and are the ones who lost the parcel.   I look forward to hearing from you soon.   Kind Regards Humza
    • I lost my job this jan because work decided not to extend my probabation, so i've been out of work since then. During this time I have made 3 payments of £270 from my own savings and now I am really struggling.   I rang motonova last month before COVID19 started and explained I lost my job and wanted a reduction in the payment but they asked me what my out goings were and told me 'it looks you can make this months payment so we can't do anything etc'   Since COVID19 has started motonova now have this form available to ask for reduction of payments - see https://customer.motonovofinance.com/file/cms/raw/888dda418afb548c00a1afc1cde50704.pdf   Given my weak financial situation can anyone help me with what I put down for these sections of the form so my request to lower or freeze payments stands a good chance of being accepted   1. Is your situation realated to the Coronavirus outbreak? Yes   2. Do you consider yourself to be in a high risk group, if so why?Do you explicitly consent to us recording this information in your account notes? I am no longer employed and have no income coming in. Work have made cuts due to Corona and no longer employed by them I am sorry I wont be able to make payments of £270   3. How much can you pay? I can pay £25 a month   4. What are you proposing, and what help would you like from us? I've lost my job and have no income. I've had to self isolate under the goverment guidelines with my family because my daughter had a cough at school. I've been applying for numerous jobs and have no luck and the COVID19 situation in the country has made the whole situation even worse for me. I request given the financial difficulty I am in that  you please accept my offer   What do you think of my reasons and how can you add or improve them? I really stressed out because my next payment is coming up in 3 weeks and I'm down to my last £400 of my savings and I've no idea how long it will take me to find a job  
    • Hi All   As im new to this site and here for as much advise as possible to help me and a few fellow work colleges regarding a situation with our employer given the current circumstances with the COVID-19 (coronavirus).   Basically since i started working for said company i have never been given my contract or employer handbook to view as when i need to, its always stored inside our boss's office and past staff have been refused to view it when they have wanted to, what i want to know is, is it a legal requirement for a employer to give there employees a copy of there contract/ handbook or is there a clause that can allow him not to?   Also i have currently been in self isolation due to cornavirus and have spoken to our company via email with no reply from them but have heard from colleagues that the work has slowed down, and in the recent email i have sent i spoke about potentially being put on 'furlough pay' if work stops completely. Can he refuse to put certain staff on it and still keep the business open even though there is no work? As well as not providing sufficient hygiene sources given the current climate, would that put him in breach of contract (if could view mine to start off with) ?   At the minute we are stuck in limbo given we are still off in self isolation for another week and he doesn't really care about his staff, what would be the best course to take regarding the matters above??   HELP!    
    • I have been trying to get onto the MCOL site for several days now, it keeps saying that the password is wrong and i haven't been able to get to talk to someone on the phone, i have prepared a defense and its ready to email, just realised today is day 33.   Here it is for your considderation, thank you.   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1.Paragraph 1 is noted; I have in the past had financial dealings with MBNA. I am unaware of the alleged agreement the Claimant refers to having failed to adequately particularise its claim and have therefore sought clarity from the Claimant by way of a Section 78 request and a CPR 31.14 request.   2. Paragraph 2 is denied. I am unaware of any service of a Default Notice (s) pursuant to section 87 of the Consumer Credit Act 1974 by the original creditor MBNA. I have sought verification from the claimant regarding this matter and they have been unable to comply.   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and (c) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request, copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. I confirm that the above facts and statements are true to the best of my knowledge and recollection.
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helpmehelpmehelpme

Using a motor vehicle in a condition likely to cause danger of injury

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Hi, 

 

someone crashed into the back of my car. 

 

I was eventually provided a replacement hire car by the other drivers insurance, this was after I told them that the car is drivable, but I would be uncomfortable driving it at speed.

 

Then they said they will give me the replacement hire car. 

I had the car parked at my house and I was driving the replacement car.

 

I had to take the damaged car to the garage for an estimate for the insurance company.

Insurance wouldn't take it for me because I wanted to use my own garage instead of their one. 

Since I was going to work in the replacement car, I asked my mum to take the damaged car to the garage.

 

The police spotted her and followed her to the garage.

They told her to expect something in the post.

She then received a 3 point fixed penalty notice for "Use a motor vehicle in a condition likely to cause danger of injury" and £100 fine. 

 

I feel that its unfair because no one ever told us the car was unsuitable to drive, although we had avoided driving it anyway, but we did have to take it to the garage somehow.

 

we felt that it would be okay to drive from to the garage (5 miles away on B-road).

And to be fair no one was injured as we took it to the garage, i.e. no harm was done.

We left car with the garage to await authorization from insurer to begin repairs. 

garage dropped mum back off at home. 

 

I attach photos of the car. 

 

Furthermore the letter from the police has incorrectly recorded the car registration. 

 

Mum tried to explain that we were only dropping the car off to the garage. 

 

Should we appeal?

 

car damage.pdf

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images/posts removed
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please do not post jpg picture images directly to a post
.
read upload and redact in jpg then convert using on of the listed websites there to convert to one multipage pdf only

.
that way only logged-in,registered and approved caggers are the only ones that can download and see them
.
else anyone can see them caggers or not.

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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pdf that shows that images of the car. 

(someone/something took my individuals jpg's down?)

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i've put the PDF in post 1 now.

yes the org pics were removed as posting multiple large jpg files directly to a post causes slow download issues for user on limit bandwidth connections


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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difficult one

 

yes the rear of the car looks to have Sharpe bits that someone could injure themselves on yes, say if they walked behind the car.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Hi HelpMe,

 

Trouble is that you took responsibility yourself to take the car to your own garage and this was a mistake. If you allowed the 3rd party insurer to have the car assessed, they would have had the car towed or collected and taken full responsibility.

 

It seems harsh the police are taking action for a minor offence but you can defend if you want. The choice is yours.

 

The reg no. issue is probably not relevant.


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Thanks for the replies guys. 

 

So I'm wondering, if we chose to appeal, what is the likelihood of getting the points waived? if we lose the appeal, then how much worse would it be than just accepting the fixed penalty notice?

 

 

 Many thanks

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As I understand it, there is no appeals process in the same way as you have for a parking ticket. The FPN is an alternative to being prosecuted in court, so you either pay up or your mum goes to court and pleads not guilty. 

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And if we plead not guilty, but judge says we are guilty, then it will be worse than accepting the 3 points and £100 fine?

 

I argue that it’s not dangerous because someone is less likely to walk up and scratch themselves on the sharp bit at back while the car is being driven I.e. moving vehicle , than if car was parked up at home and someone walked behind the car and scratched themselves against bumper. 
 

also it was being driven carefully and not at speed, on the way to get damage fixed?

 

 Wouldn’t a judge accept that all of this is reasonable?

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what about queuing traffic at lights or turns.

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Yeah, I guess we were actually very lucky to not kill or maim anyone on the way to the garage.

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I think you should appeal or refuse the FPN and then when\if it gets in front of a Judge or Magistrate you can be as flippant and sarcastic as you want.

 

That would help your case no end.

 


40 years at the pointy end of the motor trade. :eek:

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:lol: :pound: we agree on something ...dx

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please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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