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    • So, your response was not received by the SCP as you did not send it with a valid stamp. Therefore, from my two option in post #14, the first option is the only one available to you, but you do not have the option of asking to be sentenced at the fixed penalty level as the reason the SCP did not receive your response was down to you. Here's a reminder of what to do: Respond to the SJPN by pleading “Not Guilty” to both charges. In the “Reasons for pleading Not Guilty” box state that you are willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped. This is a tried and tested method to deal with your problem and is almost always successful. Before the pandemic it was necessary to attend court to do this "deal" because it needs the agreement of the police prosecutor.. During the pandemic courts made every effort to have as few  people as possible attend and they began doing this deal under the "Single Justice" procedure without the defendant's attendance. Some courts have carried this procedure on whilst others have reverted to a personal attendance being necessary. If you are required to attend, your case will be taken out of the SJ procedure and you will be given a date for a hearing in the normal Magistrates' Court. If that is the way they do it in the area involved you will have to attend, see the prosecutor and offer your "deal" in person. 
    • what device are you using? copy all the questions then come here to this thread and paste them. then answer each question click on red give answers here. when done  hit submit reply bottom right.  
    • No because it's locked. You need to copy the relevant part of the questionnaire and paste it into this thread. That way you can overwrite. HB
    • Hi  I'm not able to overwrite the red writing to give answers on the questionnaire.
    • Ok do I do them individually      H I'm trying to fill this in having a nightmare   H  
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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.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
        • Thanks
      • 81 replies
    • 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.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Libby1711 v Halifax ***SETTLED IN FULL***


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:-) Hi Everone My i am off to the court tomorrow to put my Claim form in. i went to the courts on Friday and found out that i can get my court fees free. I have my form is ready to hand in and the list of all the charges i was wondering should i hand in the two previous letters that i sent to the bank the premlin and the LBA with the claim form, sorry for keep asking too many questions.

Libby :smile:

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why do i need three copies do i need to put all three into the courts

 

hi libby

 

1 for the courts

1 for the bank

and 1 for the court then they send you a copy

 

hope this helps

 

just been reading your post

 

you go gal

 

just look below on mine!!!;)

Halifax preliminary letter sent 17/05/06 charges £2661.00

Bog Standard blah blah blah letter received 22nd May 2006.

received lengthy letter dated 24th May 2006 offering £605 pah!

letter before action sent registered 5th June 2006

letter received in response to lba offering £1801.00 errrrr no ta

court action filed 23rd June 2006

deemed served to bank on25th June 2006

notice of acknowledgement of service has been filed

they intend to defend

7th july received letter PAYING IN FULL!!!

 

10th July cash deposit £112.58

10th July cash deposit £2869.00

:D :D :D :D

 

HALIFAX SETTLED IN FULL

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Hi All

 

I have now put the claim form into the courts - so here goes, hope it goes well and gets sorted asap.

 

Also i have now sent off a LBA for my mum as she was offered £117.oo but they have taken £262.00 in charges, so we will see what happens.

 

Libby :confused: :confused:

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hi libby

 

1 for the courts

1 for the bank

and 1 for the court then they send you a copy

 

hope this helps

 

just been reading your post

 

you go gal

 

just look below on mine!!!;)

 

:confused: :confused: Oh My god made a big mistake just realised that i did not give extra copies to the court when i put my claim but the lady at the court asked me if there was just one copy and i said yes, i asked her is that okay or should i bring in the extra copies and she no thats okay, so i hope it is and does not slow down anything.

Libby :-( :-(

 

Prelim Letter sent 14 June 2006 (£2,301.00

rec Letter from the bank on 21 June 2006 to say sorry to hear that

rec another letter 24 june 2006 refund £468.00

3 July 2006 i sent my LBA

heard nothing

sent my N1 claim form in on 17 July 2006

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I expect they have a photocopier.... you'll be fine !

 

:) Thank You

Libby

 

Prelim Letter sent 14 June 2006 (£2,301.00

rec Letter from the bank on 21 June 2006 to say sorry to hear that

rec another letter 24 june 2006 refund £468.00

3 July 2006 i sent my LBA

heard nothing

sent my N1 claim form in on 17 July 2006

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i did mymoneyclaim on 17th so we should keep each other posted!

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

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i did mymoneyclaim on 17th so we should keep each other posted!

 

Hi TBeckett

Sounds good to me i hope it works out well for both and all of us on this site.

Thank You and best of luck

Libby

 

Prelim Letter sent 14 June 2006 (£2,301.00

rec Letter from the bank on 21 June 2006 to say sorry to hear that

rec another letter 24 june 2006 refund £468.00

3 July 2006 i sent my LBA

heard nothing

sent my N1 claim form in on 17 July 2006

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Thanks we will have a virtual glass of bubbly in a couple of weeks,

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

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Thanks we will have a virtual glass of bubbly in a couple of weeks,

 

 

I hope so!!!!!! :p :p

Libby

 

 

Prelim Letter sent 14 June 2006 (£2,301.00

rec Letter from the bank on 21 June 2006 to say sorry to hear that

rec another letter 24 june 2006 refund £468.00

3 July 2006 i sent my LBA

heard nothing

sent my N1 claim form in on 17 July 2006

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Hi All

Just an update and a question Halifax have just sent me another offer of £938.00, but i have my claim in should i just sit tight and wait for them to recieve my claim from the courts, or should i phone Halifax - my guess is i just sit tight and wait for them to recieve the claim from the courts.

What does anyone else think.

Libby

 

 

Prelim Letter sent 14 June 2006 (£2,301.00

Rec Letter from the bank on 21 June 2006 to say sorry to hear that

Rec another letter 24 june 2006 refund £468.00

3 July 2006 i sent my LBA

heard nothing

Sent my N1 Claim form in on 17 July 2006

Another offer from Halifax £938.00 on 20 July 2006

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Yes - just wait for them to offer the full amount.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Yes - just wait for them to offer the full amount.

 

Thanks for that barracad

Libby

 

Prelim Letter sent 14 June 2006 (£2,301.00

rec Letter from the bank on 21 June 2006 to say sorry to hear that

rec another letter 24 june 2006 refund £468.00

3 July 2006 i sent my LBA

heard nothing

sent my N1 claim form in on 17 July 2006

Offer from Halifax for £938.00 20 July 2006.

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Well Everyone

 

I have received my claim form back from the courts, now just to wait to see

what Halifax are going to do.

 

It says that my claim was issued on 17 July 2006. The court sent it to the defendant by first class post on the 20 July 2006 and it will be deemed to be served on 23 July 2006. The defendant has until 7 August 2006 to reply.

(Claim Number 6NS02255)

 

So feel a bit better about all this just hope Halifax does something quick.

What happens if they do not reply by 7 August 2006?????????????

 

Libby

 

Prelim Letter sent 14 June 2006 (£2,301.00

rec Letter from the bank on 21 June 2006 to say sorry to hear that

rec another letter 24 june 2006 refund £468.00

3 July 2006 i sent my LBA

heard nothing

sent my N1 claim form in on 17 July 2006

Offer from Halifax for £938.00 20 July 2006.

22 July 2006 rec claim form back from the court.

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What happens if they do not reply by 7 August 2006?

 

You win by default.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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if they do not reply by August 7 you can enter Judgement by Default - rare at this stage - halifax are quick to acknowledge - becuase its over £1500 you will probably have to fill out an allocation questionnaire at a later point - nothingto fear a template on how to fill it out is in the templates libary

Halifax Credit Card - £408.16 - Settled in FULL 26/6/06

Halifax Loans - £397.97 - Settled in FULL 25/8/06

GE Money Topman £216.75 - SETTLED IN FULL

Marbles LBA - £475.00 - £250 Offered :rolleyes:

Halifax Current Account LBA - SETTLED IN FULL

Yorkshire Bank Current Accounts £2271.77 - Issued 30/6/06 - Default Judgement Issued - Warrant of Execution Requested

Capital One - LBA - £88 Knocked of Balance

Egg PPI - LBA

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Hi Guys

 

Thought i would just give you a quick update - nothing going on early days i know but i thought halifax may have rec claim - i suppose they would have just got it today so hopefully they may respond by this week sometime.

 

Libby

 

Prelim Letter sent 14 June 2006 (£2,301.00

rec Letter from the bank on 21 June 2006 to say sorry to hear that

rec another letter 24 june 2006 refund £468.00

3 July 2006 i sent my LBA

heard nothing

sent my N1 claim form in on 17 July 2006

Offer from Halifax for £938.00 20 July 2006.

22 July 2006 rec claim form back from the court.

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Hi Guys

 

I have still not heard anything back from Halifax - I suppose they may have a backlog of them to do. Can it take this long to get an ack back from Them.

 

Libby

 

Prelim Letter sent 14 June 2006 (£2,301.00

rec Letter from the bank on 21 June 2006 to say sorry to hear that

rec another letter 24 june 2006 refund £468.00

3 July 2006 i sent my LBA

heard nothing

sent my N1 claim form in on 17 July 2006

Offer from Halifax for £938.00 20 July 2006.

22 July 2006 rec claim form back from the court.

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well i havent had my letter either but they acknowledged online, if you went to the court yourself then chances are it has already been acknowleged.

 

come saturday and it will all be through! not the money, that follows 9th Aug:o

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

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well i havent had my letter either but they acknowledged online, if you went to the court yourself then chances are it has already been acknowleged.

 

come saturday and it will all be through! not the money, that follows 9th Aug:o

 

Thanks

 

Hope it gets sorted before the 12 Aug cause got a wedding to go to and no clothes - well none that are nice and need to get something for my daughter to wear (never bought anything new to wear for a year or so)

 

So i can pop into court and ask them?

Can you go online instead and put in your claim number or do you have to go into the courts?

 

Libby

 

Prelim Letter sent 14 June 2006 (£2,301.00

rec Letter from the bank on 21 June 2006 to say sorry to hear that

rec another letter 24 june 2006 refund £468.00

3 July 2006 i sent my LBA

heard nothing

sent my N1 claim form in on 17 July 2006

Offer from Halifax for £938.00 20 July 2006.

22 July 2006 rec claim form back from the court.

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i am assuming that you didnt use Moneyclaim online, which means you will have to telephone the court, there should have been contact details given to you or printed on the bumpf.

 

My postbag was empty last night, the fan mail from the banks has stopped. The acknoweldgement from the court hasnt arrived either but I know it has been ack, so hopefully there is something today. If there is I will let you know and my reckoning is it will follow within the next day.

 

i am sure it will be sorted in time and cinderella + child will go to the ball.

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

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