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    • There will be no issues with a course offer if the dates are as you say. The usual cut off is four months from the date of the offence. This is so as to give the driver the time to accept the offer and take the course before prosecution becomes "timed out" at six months.   However, if the NIPs really were the first to be issued and there are no issues with the address details then both have a cast iron defence to the speeding allegation. The first is dated 20 days after the alleged offence and the second 23 days after the alleged offence. The Road Traffic Offenders' Act makes it quite clear that if a NIP is not served within 14 days of the alleged offence then no prosecution can take place. But as I said, late first NIPs are very rare and both need to check all the details I have mentioned before they decline any out of court offers of a course or Fixed Penalty.    For information, courses are normally offered for speeds up to (Limit +10% + 9mph). Only one course of any type can be taken in three years (with the date of the offences being used to calculate that period) and courses are not offered in Scotland. However, if a driver is not offered a course for any reason when he would normally qualify (including late NIPs) he has no right of appeal to have one offered. If the matter goes to court the court has no power to order a course.
    • My grievance against my manager is on Wednesday at 12.00 noon. A union officer is representing me. The representative for my manager is a product manager. I was told today that she is the Daughter or a Step-Daughter of the manager. Is this a conflict of interest? Am I correct in saying that, because the manager is the subject, the hearing has to be carried out by a person higher than the manager such as a director? if so, the product manager is not entitled to carry out the hearing. I'm pretty certain that I read this in law books. My Brother is a licensed union chairman but has since left his previous employment.  He is certain that I am correct . Any help would be gratefully appreciated.   diecastdave
    • Ok cool many thanks!  Much appreciated...I will check everything out now and answer all those questions!
    • Sorry,  its regular outgoings of payments. It’s income related they’re on, not contribution based.  Mum and applicant were totally unaware of the rules in regards to deprivation of capital.   On income related ESA but claim housing benefit and council tax support.   He hasn’t came into a huge chunk of money. It’s been spent over a duration of four years. appointee’s livid, and worried that he’ll be homeless.  
    • Hi all           I spoke to the courts earlier today and they advised me that the points placed on my licence were removed in October 2019, and that a court date is set for November 26th. Guess what ??? I had not been given that info either. The courts were very helpful and explained to me that everything had been sent to my previous address (which I have not lived in or owned for 5 years) The car in question was registered in March 2016 and I have owned since new and has never been registered to my old address. I have proof of this down to the point of not taxing the car March 2017 as the car was zero tax I did not realise I still had to go online and tax it, the summons for that was sent to my current home address.  it is very strange that the police directed everything to my previous address. i then contacted the police on the number given by the courts and was told to forward proof I was out of country at time of offence for them to look at, the police officer was very understanding and quite helpful giving the information. I have to e mail her tomorrow and will give an update when I know more as this previous address thing is really confusing !!!  
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feralkat

Fealkat V Abbey - Judgement what happens next?

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Hi All, After my success with LLoyds, I'm now helping out a friend with her battle against Abbey - bring it on!!

 

I followed all the steps detailed here and following the bog standard replies, started a claim with MCOL on the 18/06/07.

 

Having not received any communication or defence from them I entered a Judgement of default on the 11/07/07. I still haven't received anything from them and have phoned the court who have told me that I can start the warrant procedure whithin a reasonable time.

 

I've read and re-read the forums and it appears that usually Abbey DO enter a defence at some point so I'm confused not to have heard anything.

 

Would someone mind advising me on how long I should wait before executing the warrant or what my next step should be?

 

Many thanks in advance for any help which will be gratefully received!!

 

Feralkat :)


:)Lloyds ***WON*** £3,500 :)

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Guest louis wu

I think the thing to do is to call the court, and ask them what the judge would consider a 'reasonable time frame'. Explain that you are not a solicitor, but believe Abbey are abusing their position and wasting yours, and the courts time.

 

See what the say, but I suspect that the judge will give them at least a fortnight to comply.

 

Keep us informed

 

louis

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Thanks Louis - I thought that 14 days would be fair and the lady I spoke to at the court thought that it sounded OK.

 

I guess I'll take the next step on the 15th July - a week today.

 

Does anyone know if many other people have won in this fashion?

 

Many thanks

 

Feralkat


:)Lloyds ***WON*** £3,500 :)

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Feralkat

 

There is a good chance that Abbey will ask for the judgement to be set aside once they receive your warrant of execution. Do a search for threads by Elisedriver as she had this happen to her, as did NatalieC.

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the buggers keep denying receiving any paperwork, its absolutely staggering the amount of paperwork that seems to get lost on its way to them


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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I'll look those two up - thanks!!

 

How can they lose post that is sent recorded delivery?!! You'd think they would come up with something better - the dog/hamster/baby ate it or something!! They've had plenty of practise now :D

 

Thanks for your advice guys!

 

Feralkat


:)Lloyds ***WON*** £3,500 :)

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Hi again!!

 

Well I still haven't heard a peep from Abbey - I find it completly staggering that they have not responded at all!!

 

The address that I used with MCOL (and all previous letters) was the local branch address, they replied to the first letters that I sent there (the usual 'Sorry you're not happy letters') but have ignored anything from the courts :???:

 

Do you think that I should now start the warrant procedure? They have had over 2 weeks since the judgement so they have had plenty of time.

 

Should I amend the address with the MCOL to a central office, could that be the problem? I think that if they have replied from the branch address before there is no reason why they can't reply from there now?

 

Any thoughts gratefully received - please!!

 

FeralKat


:)Lloyds ***WON*** £3,500 :)

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'bump'

 

Help please - really not sure what to do now.

 

Feralkat


:)Lloyds ***WON*** £3,500 :)

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Feralkat, ring MCOL, there should be a form that you fill in to file for judgement (have you already done this?) if you have done this it is time to send the Baliffs in, again MCOL and tell that that you want to do this, it costs about £50? but this is recoverable


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Have done the judgement - will execute the warrent now. I'm hoping that the 'test case' won't affect this because Abbey have not replied I'm hoping that they cant apply for a stay on the basis of the test case?

 

What do you think?

 

Many thanks for your reply

 

Feralkat


:)Lloyds ***WON*** £3,500 :)

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Well in all honesty, they might apply for a stay anyway. But you might as well go for it anyway, they might just cough up, oh and if the baliffs are going in, take your camcorder lol and perhaps the local press might be interested, see Rekas thread :-)


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Wouldn't that just be LOVELY - I'd invite everyone from here and we could all go and laugh at them!!

 

Will execute the warrant and then let you know how I get on :)

 

Many thanks

 

Feralkat


:)Lloyds ***WON*** £3,500 :)

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I would pay to see abbey shamed on the TV with the baliffs going in.

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Good luck FK


:madgrin:

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Hallo All,

 

Well, I have today issued the warrant - I'm guessing (from what I have read in other threads) that Abbey will now apply for a stay?

 

If they do not do that, does anyone know what is likely to happen next?

 

Does anyone have any ideas on how the test case might affect the claim at this stage?

 

Many many thanks for any help :D

 

Feralkat


:)Lloyds ***WON*** £3,500 :)

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