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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 in these circumstances  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. Just a tip - if you are offered a fixed penalty be sure to submit your driving licence details as instructed. I've seen lots of instances where a driver has not done this. There will be no reminder and no second chance; your £100 will be refunded and the police will prosecute you through the courts.
    • 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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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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mum fights back***WON***


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Hi everyone,

Just thought that I would let you know that I sent my prelim letter off by recorded delivery on 28th March. They have until the 10th of April to reply. Am claiming back £2306.

Question:

What do I do next if the bank does not respond to my letter?

Any help much appreciated, thankyou :rolleyes:

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if you have sent them the letter before action, and they dont frefund the charges, then it will be time to file in court, you will need 3 x n1 claim forms to do this or you can file online.

click here to download the n1 claim form n1 form

 

of click here to claim online mcol

 

particulars of claim you will need this to fill in your n1 claim form.

 

best of luck

 

lisa

if i have helped you at all click please the scales on top right!

 

ABBEY

11/4 S.A.R - (Subject Access Request) SENT OFF

1/6 LBA SENT

22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES

15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)

20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.

8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......

SETTLED IN FULL!!!!!!!

 

T MOBILE i won!

16/6 Data Protection Act SENT OFF

 

5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!

7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH

7/9 FULL REFUND BEEN SENT!!

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Hi can anyone help me please?

The 14 days are up on Tuesday, what do I do then?

Do I then send the LBA? Or should I phone the bank first?

Please can someone help me :confused:

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Ive sent my LBA but 2 days after sending it I got a letter from the bank saying that they have up to 8 weeks to reply? Is this them trying to delay things? Or should I not continue any further until the 8 weeks are up?

Am thinking about just ignoring this letter and continuing with my time plan, giving them 14 days to respond to my LBA.

:???:

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if you have sent them the letter before action, and they dont frefund the charges, then it will be time to file in court, you will need 3 x n1 claim forms to do this or you can file online.

click here to download the n1 claim form n1 form

 

of click here to claim online mcol

 

particulars of claim you will need this to fill in your n1 claim form.

 

best of luck

 

lisa

 

 

I live in Scotland, do I still use the N1 form? Or is it a different one?

Thanks 120805

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Hiya,

Yes ignore the letter and carry on as you are.

 

This has all the info you need.

 

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html#post436526

 

If you scroll down near the bottom, there is a load of info about scottish claims and courts.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Just thought that I would give an update. My LBA expires this Wednesday the 25th of April and ive had no further contact from the bank, so looks like I could be claiming at court.

Ive decided that on Monday or Tuesday I will phone customer services and try to convince them to settle now to save the bank money. Hopefully it will work.

Unfortunatly am really stressed about having to go to court as I have a 4 year old and a new born and my husband will be at work. And am very reluctant to let anyone babysit my newborn until hes a bit bigger.

Maybe my husband will be allowed the day off to attend court (hopefully). Eitherway I will get my money back somehow.:-)

I hope everyone is having some success with there claims

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Hope you got some sleep!!! Here in England Halifax have yet to go to court to enter a defence as far as I am aware. File your N1, they should then write to you saying they intend to defend and then just as time is running out for them they should write telling you that is is not financially viable for them to defend and 'purely as a gesture of goodwill' (where have we heard that before) they will refund all your money. Well, that's what happened to me anyway. Sally

 

 

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Hey everyone, bit confused after talking to bank...

 

So i phoned the bank to try and come to settlement as the LBA is up on wednesday, but they said to me that they had 8 weeks to respond, as per the law.. so I phoned the financial ombudsman (0845 080 1800) who also agreed that what the bank had said was correct, as it was a complaint no matter how you tried to dress it up.

 

what should I do now? Should I still file for court on wednsday or have they managed to squeeze another 4 weeks out of this before I can?

 

or does anyone out there have something I could say to the bank to get them to cough up what they are due?

 

I can't find anything official that mentions the 14 day timescale, does anyone have a link to where I can find this?

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I will phone customer services again and would I be right in saying to them that they may have 8 weeks to deal with a complaint but my timescale has given them 4 weeks so far (prelim & LBA) and that I will be filling for court on Wednesday if the complaint has not been dealt with in a positive manner. And make them aware that I am calling them now to give them a last opportunity to save them on court costs and an 8% interest cost on top of the £2228 that I am claiming back?

Is there anything else that I should say that would make it sound a bit more professional? (just to scare them into paying up and making it sound like I know what am talking about)

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Just keep your cool and stand your ground. They may tell you that the charges are lawful. Have a read of your prelim letter again and qoute the relevant facts regarding recent consumer regulations and the OFT report.

 

Good luck

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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Michael really does know what he is talking about. His advice is sound unlike the clowns at Halifax who are fooling you into thinking they know what they are doing. File at court and wait for them to suddenly offer you 50% of YOUR MONEY BACK. This is a delaying tactic and is working on you because you are suffering from lack of sleep etc. Trust the advice you are getting on this forum. You have done everything right so far and as I said in an earlier thread Halifax have yet to turn up in court. If it is difficult for you to get into town to file your N1 perhaps someone else could do it for you.

 

Just keep going, Sally

 

 

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So now you are full of Quite Righteous Indignation - too true IT IS YOUR MONEY - we can assume you will proceed to court this week. Court officials are lovely people and you may end up on first name terms if you have loads of people to claim back from. Soon be the summer holidays and some extra money would be useful n'est pas?

 

 

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Trying to organise all my stuff for filing for court and am confused on the following bits from the charges spreadsheet, can anyone help?

 

 

TOTAL CLAIMED AT DATE OF SERVICE

 

JUDICIAL INTEREST AT CURRENT RATE OF 8%

TOTAL CLAIMED AT DATE OF JUDGEMENT OR PAYMENT

 

 

Is the top one the total amount of charges?

 

The 2nd one do I write the interest owed for £2228?

 

And the 3rd one is this both the totals added together?

 

Sorry to sound really stupid but obviously I want it to be right :rolleyes:

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Hey HELP!!

I was looking to file at court today, and I thought I would phone first to make sure I brought everything that I needed... however the court is now telling me that for the amount I am looking to reclaim I have to go through a solicitor and file an initial writ (costing £50), then go down the route of an "ordinary cause", they also say that scottish small claims are capped to £750.

really confused now as to what I should do? really don't want to pay for a solicitor as it would eat right into the money I get back, any other advice other than to just wait the 8 weeks?

also got a letter from the bank saying that my complaint will be dealt with by the 29th of MAY at the latest.

Thanks in advance.

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This will help!!! Look for thread started by 'wintermere' court small claim summons forms (guides) which will tell you the 3 different courts there are in Scotland. Part with good money to a solicitor when you subscribe to this forum - bah, humbug.

 

 

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