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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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    • 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.
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Girlybiker V Nationwide


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Rang EVERSHEDS again, this time to speak to Claire Pleece, (RECLAIMING CHARGES ON A SECOND ACCOUNT ALSO), got her voicemail so rang direct number and got put through to a Leonie Davis who informed me that a defence was filed on 01/06/07, the defence being that the fees charged are as per the contract I entered when I opened the account!! Questioned as to why MCOL had no record of this and she said she did not know but suggested I take it up with MCOL.

Rang MCOL, definitely no defence as yet, if had received a defence on 1st June it would most certainly have been actioned by now.

Rang Leonie Davis back and told her no defence had been received, she then told me it was posted not done on-line. She went to get my file and said she had a copy of defence in her hand and would e-mail me a copy (will scan and post when have it), HOWEVER .... after all that she also informed me that Nationwide will be paying back my charges (she actually said all claims) but they have to file a defence as they do not admit liability but will return as a goodwill gesture!! Therefore, I am not going to press judgment at this time but wait 7 days and see what happens - I have waited this long so another week wont hurt - (much)!!!

:)

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Well, thats interesting, especially the comentfrom the last person from Eversheds. Sounds hopefull for all of us. I`m just praying cus i`ve put all of my claim in one ands its for 13.5 grand.

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Hi all,

 

Have now got copy of defence from Nationwide, (was going to attach it but it is a PDF so cannot take off my name and claim number - not sure on risks of displaying this on site) but basically it says:

  • I dispute the full amount claimed as shown on the claim form

DEFENCE -

 

  1. THE DEFENDANT ADMITS THAT THE CLAIMANT HOLDS A CURRENT ACCOUNT WITH THE DEFENDANT.
  2. ANY CHARGES DEBITED TO THE CLAIMANT'S ACCOUNT HAVE BEEN DEBITED IN ACCORDANCE WITH THE CONTRACT MADE BETWEEN THE CLAIMANT AND THE DEFENDANT IN RELATION TO THE ACCOUNT.
  3. THE CLAIMANT HAS BEEN REGULARLY ADVISED OF THE AMOUNTS THAT WOULD BE DEBITED TO HIS ACCOUNT IN RESPECT OF, UNAUTHORISED OVERDRAFTS, TRANSACTIONS UNPAID DUE TO INSUFFICIENT FUNDS, AND CARD MISUSE.
  4. THE DEFENDANT THEREFORE DENIES THAT THE CLAIMANT IS ENTITLED TO REPAYMENT OF THE CHARGES, AS CLAIMED, OR AT ALL.

Eversheds returned to MCOL by post on 01/06/07 (although MCOL know nothing of it - have not yet received it!!!).

HOWEVER, REMEMBER IT IS NOT WORTH THE PAPER IT IS WRITTEN ON BECAUSE ...... as advised by Leonie Davis from Eversheds, Cardiff, "Nationwide will be paying you back in full"!!! :D

 

WATCH THIS SPACE!!!;-)

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just been thinking about these `terms and conditons`. Surely if the N/W or even a Judge quotes them they would have to physically produce them from when the account was opened otherwise they are inadmisable evidence. Right or Wrong ????

In one of the LloydTSB Court Cases that was LOST recently.

Cos the ORIGINAL T & C's were NOT included in the Court Bundle, the District Judge took it upon himself to go searching for them on the internet.

He found the latest T & C's on LloydTSB's website and cos he didn't have anthing else to go on, he based the Claimant's arguments against these, which were less favourable worded for the Claimant...and therefore he lost his Case when given the opportunity to verbal explain in Court!!!

The onus to prove the Case is ALWAYS on the Claimant!!!

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Fantastic news girlybiker.

Unfortunately I was busy til 5 today and on the chances I did get to ring MCOL I found the lines busy. There is nothing in my account yet either. As we are both on the same timescale Ill keep you posted when I get mine.

MTM - good advice and duly noted.

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Don't believe it. Tommorrow would be day 28 and i've just checked my account for the thousanth time to find three deposits totalling the amount of my claim (£2234.21). No interest or court costs payed yet and am led to believe they follow in the next few days. Keep the faith girlybiker !! You will get yours tomorrow. Another victory for the man on the street !! Sites like this certainly keep peoples spirits up so stick with it. Never thought for one minute I'd get mine back without having to stand in front of a judge as a gibbering wreck. Thanks to all. Will continue to offer support and encouragement !!

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Congrats Ackers - have fun spending!!

 

Just spoken to MCOL, defence received today (day 30), Eversheds said it had been sent on 01/06/07, looks like my claim is tracking that of Sarah Lou's, so will keep you all updated and let you know when I am in the money!!!:)

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I think its cause they cant bear the thought of all that money going back into customers accounts!! Remember they make money out of people with no money and have to give it to those who do, so thats why they like to hold on to it for as long as they can every day in their account is a bit more interest for them when its in our accounts they have to pay us interest!! Keep ur chins up and soon our accounts will be a little more healthy, worth every minute waiting:p

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Don't believe it. Tommorrow would be day 28 and i've just checked my account for the thousanth time to find three deposits totalling the amount of my claim (£2234.21). No interest or court costs payed yet and am led to believe they follow in the next few days. Keep the faith girlybiker !! You will get yours tomorrow. Another victory for the man on the street !! Sites like this certainly keep peoples spirits up so stick with it. Never thought for one minute I'd get mine back without having to stand in front of a judge as a gibbering wreck. Thanks to all. Will continue to offer support and encouragement !!

 

Hi Ackers

Yesssssssssssssss..... we are under way.

Our 28 days aren't up unill the 12th but have just checked our account to find £3789 has been paid in 7 varying amounts from £55 to £999. This totals the amount of our charges - BUT - hasn't included the interest or costs yet.. But hey !!! 5 days to go yet... Happy days.. Thanks for your advice and support... we will just wait and see what happens over the next few days.:smile:

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Spot on mate. Mine also was credited as a correction in £999 amounts. They paid the interest and costs the next day....... Good luck to all still waiting, just hang in their girlybiker !! Remember what Eversheds told you earlier. They WILL pay up. It is your money !!

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just a quick note to let you all know that I`ve left my details of my glorious win today on my thread. What a turn up for the books eh Ackers. I still cant believe it. Hang on in there GIRLYBIKER. I`m sure it`ll come good in the end for everyone

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