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    • Know it has already been answered, but? Does not explain why JCI has registered a different default date when they get the information from the original creditor, Virgin
    • Since you were stopped at the time there is no requirement for the police give you anything there and then or to send you anything before they have decided how to deal with the offence.  They have three choices: Offer you a course Offer you a fixed penalty (£100 and three points) Prosecute you in court  The only option that has a formal time limit is (3). They must begin court proceedings within six months of the date of the alleged offence. Options (1) and (2) have no time limit but since the only alternative the police have if you decline those offers is (3) they will not usually offer a course beyond three months from the date of the offence and will not usually offer a fixed penalty beyond four months from that date. This is so as to allow time for the driver to accept and comply with their offer and to give them the time to go to option (3) if he declines or ignores it.  Unless there is a good reason to do otherwise, the action they take will usually be in accordance with the National Police Chiefs' Council's guidance on speeding enforcement. In a 40mph limit this is as follows Up to 45mph - no action. Between 46mph and 53mph - offer a course Between 54mph and 65mph - offer a fixed penalty Over 65mph - prosecution in court So you can see that 54mph should see you offered a fixed penalty. Three weeks is not overly long for a fixed penalty offer to arrive. As well as that, there has been Easter in that period which will have slowed things down a bit. However, I would suggest that if it gets to about two months from the offence date and you have still heard nohing, I would contact the ticket office for the area where you were stopped to see if anything has been sent to you. Of course this raises the danger that you might be "stirring the hornets' nest". But in all honesty, if the police have decided to take no action, you jogging their memory should not really influence them. The bigger danger, IMHO, is that your fixed penalty offer may have been sent but lost and if you do not respond it will lapse. This will see the police revert to option (3) above. Whilst there is a mechanism to persuade the court to sentence you at the fixed penalty level (rather than in accordance with the normal guidelines which will see a harsher penalty), it relies on them believing you when you say you did not received an offer. In any case it is aggravation you could well do without so for the sake of a phone call, I'd enquire if it was me.  I think I've answered all your questions but if I can help further just let me know.
    • Looks similar to you original email to their Complaints team. I dont rate copypasta for a CEO complaint. Rewrite it with emotion involved as to how badly this is affecting you and make them feel embarrassed for their actions... 
    • Well, not quite the trouncing they deserve, and Andy Street suffering - despite distancing himself from the poops and being a good mayor (and despite the rather ridiculous muslim voter labour boycott across regions - did they really want the tories to stay in power?) - But not bad at all The Reformatory goons managed two council seats didn't it - out of over 300 they tried for ..     
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Alliance Automotive Claimform - Fast Track - Ltd Company Business to Business Debt re vehicle parts - Claimed Sum inflated by claimant n9A admit i owe £7K **SETTLED IN COURT **


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What date did you file it ?

We could do with some help from you.

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Hi Andy,

Thank you for the response.

As per #46 above... it was due in on 14th Feb but was signed for, at court, on 15th as it took a day longer than expected to arrive.

I received the claimant DQ on 14th Feb.

 

Thanks for your help.

 

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May be worth a phone call then just to check although they will probably tell you there is a backlog and being processed. But just for peace of mind even though you know it was signed for.

We could do with some help from you.

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Hi,

Called the court yesterday and they said they were dealing with paperwork received on 15th February at the current time so would probably show up in the next day or so.

Now I have this on MCOL:

 

DQ filed by claimant on 03/03/2022

You filed a DQ on 08/03/2022

Your claim was transferred to CHELMSFORD JUSTICE CENTRE on 08/03/2022

 

 

My DQs have clearly been ignored!!!

Can I do anything here?

 

Thanks

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You filed a DQ on 08/03/2022

 

Why as it been ignored?.....states above your filed 8th Mar ?

We could do with some help from you.

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What else exactly are you expecting to find there ? 

 

It says you filed your DQ on the 8th March.

Your claim was transferred to CHELMSFORD JUSTICE CENTRE on 08/03/2022.

 

 

Job done that's the end of MCOL...everything now is with  CHELMSFORD JUSTICE CENTRE they take over the claim....and will send your  Notice of Allocation with the next stages of the claim when and what date you must prepare document's.

 

 

All quite normal.

We could do with some help from you.

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Hi Andy,

 

Ok thanks, I thought you were asking what was was above it, just misunderstood.

I was under the impression that it would be allocated to the defendant's local court not the claimant?

Chelmsford is not anywhere near to us!!

 

Thanks

Rob

 

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Okay I wasn't aware...so you did state your Local County Court on your DQ ?

We could do with some help from you.

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Hmmmm it appears not......I took post #32 to mean clear the whole of part 1.

I should have left the local court in.

Can this be reallocated at all or am I now stuck with a day trip to Chelmsford?

 

Thanks

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Should have stated your local county court at B1...all money claims are always allocated the the litigant defendants county court.

You could speak to Chelmsford and seek advice...they may insist that you make an application with fee...some dont.

We could do with some help from you.

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Hi Andy, spoke to the court, as we are a Limited Company, the claimant gets the pick of geographical location.

We can make an application on N244 for a cost of about £200 but the district judge charged with allocating will ultimately decide.

Currently allocated to Fast Track but has obviously not been seen by DJ yet for allocation.

Looks like a day trip.

 

Many thanks

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Yes that's correct I forgot your were not LIP

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  • 2 months later...

So points 6 - 10 are your directions and which you must follow and comply with by the dates stated. A witness statement and evidence is your next task.

 

Plenty of examples here on the forum to follow and give guidance. Post a draft here when your ready for opinions/amendments.

 

Andy

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We could do with some help from you.

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  • 1 month later...

Hi Andy,

I've finally been able to spend a little time on this.

I know it needs more work structurally but I'm assuming as the case is fairly simple it does not need vast amounts of content.

Please let me know if you think I am on the right track with this?

Many thanks

 

Witness statement.pdf

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Requires work this must be filed by this Friday .400pm. Can you upload a further copy in Word format please and remove the properties when you save (author name ) then I can quickly copy and paste and edit.

 

Andy

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One witness statement in support of your defence. I wasn't sure what name the claim had been served to please amend to suit.

Pre Action Protocol does not apply to P2P unless you are a sole trader.

 

In the County Court at XXXXXXXXX.docx

 

 

 

 

Regards

 

Andy

 

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We could do with some help from you.

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That's brilliant Andy thank you for taking the time on this.

Just to clarify, is this the only thing I send, with exhibits/proofs, or do I send the original attachment as above as well?

Thanks for your help

 

 

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Send the statement to the court /claimant attach exhibits referred to...you can add more exhibits if relevant if you wish but you must add them to the statement by paragraph and mark accordingly. I thought just a copy of what was agreed and a statement of your payments should suffice.

 

 

.

We could do with some help from you.

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Hi, I have just posted the WS from the claimant as the pack is full of invoices, Ts&Cs and postage costs.

If there are any parts required please let me know and I will try to post them.

They are relying on Commercial Debts Act by the looks of it.

Also, I have no record of the LBA on 18 Oct 2021 (13). 

I am looking at exposing their lack of communication subsequent to the verbal agreement which appears in breach of the pre action protocols.

What do you think of this angle?

Does this all now need to be handled in the hearing or can I query anything beforehand, LBA for example?

 

Thanks for the help.

 

IN THE COUNTY COURT AT.pdf

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