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    • Well I sent them the letter of claim, the only responses so far was a few emails reopening the claims on the parcels where they asked for information such as proof of value (which I get) but other things like photos of the parcels, which I haven't got as I never took photos of them. It's been well over the 14 days since I sent the letter now anyway, so what do you think I should do now?
    • 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.
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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.

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Westcot Bullies


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Thanks

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Wonder if anyone can help me.

 

We moved house back in December and to cut a long story short, we owe money to British Gas for 7 weeks of power - £176 (I know its ridiculous but am fed up arguing with them)

 

After going on for so long they passed this bill over to Westcot. We have told Westcot that we will pay them £10 per month but they are not accepting this and are demanding we pay £20 per month.

 

We have said all we can afford is £10 and they said they won't accept it and if we dont pay £20 then they will take ust to court etc.

 

Can they refuse our money?

 

They say that the only way they can take £10 is if we provide them with a list of our incomings and outgoings, which quite frankly, they can whistle for.

 

Any help please?

 

Thank you!!

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They are unlikely to take you to court if you continue paying them each month. Send an income/expenditure breakdown.... and enclose a cheque for £10 at the same time. Stop talking to them on the 'phone as well... as I assume this is how they're bullying you !

 

:)

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Thanks again, PO!

 

I didn't think they could take someone to court as long as they were paying them, but what if they choose not to receive payments?

 

I don't want to send them an expenditure breakdown either - surely this is none of their business.

 

If I send a cheque, can they just refuse to cash it?

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It's very doubtful that they would refuse to cash your cheques. In any case, you would have your own records of all attempts to pay and could show these in court, should they be stupid enough to go that far with it.

 

As for the expenditure breakdown.... it does no harm to send it. You don't have to disclose personal info. on there, just put "housing costs" for rent/mortgage, insurances and so on :cool: , "transport costs" for petrol/bus/train, car insurance, etc. :cool: ....

 

They have no business knowing your life details, I agree... so don't provide any, as such.

 

:)

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..and when youve done that, just keep paying £10 a month, if only to annoy the sh!te out of them!

 

When they ring, give them incorrect contact details- date of birth, post code etc. Because of the Data Protection, they can only talk to you if they are 100% certain that your the one they want to talk to.

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By the way, if they send you an Income and expenditure form, put NA and the dater on every blank line you DONT fill in otherwise they will forge items on this (I've had it done by another company - added £400 pm car expenses and I don't drive and haven't got a licence)

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