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    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
    • Quotes of the day penny mordaunt came out swinging with her broadsword, and promptly decapitated sunak while Nigel Farage, representing Reform UK, made contentious claims about immigration policies, which were swiftly fact-checked during the debate.   Good question though raised at labour about the 2 child benefit cap, which I broadly agree with, but the tory 'trap' assumes tory thinking - rather than child centric thinking. There should be no incentives to have kids as a financial way of life paid for by everyone else ... ... BUT the kids should not be made to suffer for the decisions of their parents Free school meals would feed the kids, improve their ability to learn, and incentivise them to go to school. As an added benefit ... it would invest in our nations future.   How far this should go is a matter for costing, social intent and future path of the nation, but not feeding our nations kids is an abomination. There should be at least one free school meal per day for every child who attends school. Full Stop. Its the cheapest and most effective investment in our future we could make.
    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
    • cause like you said in post one, 99% of people think these are FINES (it now reads charge). and wet themselves and cough up. they are not, they are speculative invoices because the driver supposedly broke some imaginary contract by driving onto privately owned land which said owner may or may not have signed some 99% fake contract with a private parking co years ago, thats already expired or has not been renewed or annually paid to employ them dx  
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      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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CAG CRA S.A.R Club


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This thread has brought up some memories. A while back, I started the thread "too strange to be a co-incidence", because my OH received some junk mail after starting negotiations with her creditors.

 

Of course, she applied for her credit report at the time, and it never occurred to me that it could have been the CRA who unlawfully (in my opinion) passed her details on. If that's the case I'll be very angry.

 

I think I'll ask her to do a full Subject Access Request and ask a specific question about data sharing.

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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Hmm. Richard Fenton says "don't write off the deceased". Well, you might think that makes him lowlife, and if that's your personal opinion then who am I to argue?

 

But did you know he used to be operations director at that lovely caring bunch BCW?

 

LinkedIn: Richard Fenton

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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There is a definite link, I checked my information a couple of months ago and suddenly got a pile of letters from DCA's regarding old debts - several of which had been paid directly to the company concerned and NOT the DCA.

 

I sorted out the matter by writing to each DCA asking for a copy of the final bill from their clients - much more accessible than agreements - and each time they returned to the clients with no further action to be taken.

 

Whilst a CCA request would have been better in some cases it would have been an acknowledgement of the debt... I know it is not supposed to 'set the clock ticking' again but I don't trust the DCA scumbags one iota.

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Well, I got my free credit report a little while ago and now am getting lots of IVA, debt consolidation loans etc requests. I am subscribed to telephone preference service and always tick or until the boxes for third parties to contact me.

 

It all fits.

 

Funnily enough, they keep stating an address I lived at 6 years ago and use my maiden name. Think I may have to do a SAR or two as well.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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I think the SAR to Experian is a brilliant idea. It should provide piles more information than any Credit check. I would suugest adding a paragraph requesting details of each and every time someone has accessed your file whether in writing or by telephone. I feel that Experian under the terms of the DPA will be obliged to supply this information. Similarly they should be legally obliged to say who they have passed your information on to.

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I took a free credit report with experian around about the start of the year. I have not really received much Junk mail but have received at least 2-3 times daily phone calls asking if I want to consolidate my finances and loads of silent calls, I have loans and credit cards but I am affording to pay them ok and I am not in any difficulty, but they are all assuming that I am having money troubles????

 

I registered with the TPS but the calls continued, so I started telling them that they were not to call me as I have registered with TPS, I have tried swearing at them, asking politely to leave me alone, hanging up, putting them on hold til they give up but these all went ignored and they would just call back (same company!) a couple of hours later or the next day. It's now calmed down a little and I now only receive this calls a couple of times a week but its still annoying cos I don't know who has sold them my number.

 

Then about 6 weeks ago I received a letter from lowell saying that they have bought a debt off of hsbc and I must pay them. I have had no contact or made any payments to these since 2001 (could be statute barred anyway) and I had forgot all about it. I was baffled as to how they had managed to find me all of a sudden after so long but now I may have the answer....experian fee credit check :mad:.

 

I can only assume that experian have given lowell my details and that now lowell have put a default on my credit report and experian has now gave my details to these loan companies telling them I have defaulted and I am in financial trouble (i am not!) as to why i am getting all of these consolidation offers, I'll be investigating this, asking for any default to be removed (if there is one on there) and will post my findings.

 

I'll advise people with a dodgy financial past not to check their reports so the same does not happen to you.

 

I have now just entered a battle with lowell and I'd normally be scared but because of this site I am quite enjoying their pathetic attempts to get me to pay!

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I have now just entered a battle with lowell and I'd normally be scared but because of this site I am quite enjoying their pathetic attempts to get me to pay!

Clownells are a penalty kick to deal with. They follow a set pattern and are easy to deal with. When they get fed up with you they will pass your file over to the next desk called Hampton ilLegal and if they fail to scare you they will they pass it to another bunch of no-hopers who go under the wonderful name of Red Debt. All letters from the same bunch of losers

 

A CCA or in your case a Statute Barred letter will see them off but have some fun with them first

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See my post about Experian http://www.consumeractiongroup.co.uk/forum/general-debt/74268-annoying-calls-01772551900-loans.html & the fact that their feet are in both camps!

Thanks Cerberusalert - interesting reading!

 

Hubby's received a pre-paid PDF form to complete and return for his Credit Report from Experian.

 

No response as yet from Experian re. my SAR, but it's early days.

As I mentioned earlier, I discovered that they have 7 offices in Nottingham. Which presumably means that they employ many local people.

Nonetheless, I don't think these accounts of being contacted by various companies after applying for a credit report can be coincidental, so we do need to establish what they do with the data we provide. And again, the forthcoming Conference 'Focus Group' is very disturbing.

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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Do you think the media should investigate this like they did with Barclays and go under cover, wouldn't that make good viewing?

I certainly think it needs investigating, and possibly referring to the Advertising Standards.

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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I'm sorry, but it's pondlife like these that really 'P' me off! My 'origional' debt was a drop in the ocean in the scheme of things (£280 + charges = £440+), but after 'researching' within the public domain I find that parasites like Experian & their ilk are working hand in hand with DCA's...if not actually owning them.

 

It's a minefield, dig deep enough (if you've the time; expertise, or inclination) & you'll find through the public domain...that the 'Directors'

are embroiled in a web of lies, deceit & total misinterpretation!

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banks finance experium blah blah blah are all in the same can of soup this is an objectionable part and the whole industry should be investigated by the audit commision.we waiver our rights not willingly our rights have been fraudulently obtained for their own ends to barter our data amongst ,how on earth can they demolish the whole of the data protection act .with a contradictory clause "I WAIVER MY RIGHTS"we were not allowed to negotiate a contract and if you look at the contracts every few months they keep adding new bits in order to squeeze mor information out of you ,Experium or GUS who own them have used the contract to bypass the lawfull rights of your rights to privacy this waiver is contradictory to the DATA PROTECTION ACT it is an unlawful clause that should we choose why can we not rescind the whole contract based on this unlawful clause

isnt this a tort if you use rhe REPUGNANCY RULE,i am open to arguement but i beleive this rule is relevant .not only is it repugnant(contradictory)it is obnoctious and all those involved in this sharing of data (reminds me of the Natzis when they took everything from the jews in germany)i am not jewish and do not mean any offence or harm to those who have suffered jew an non....i am ranting again but is this not an arguement where we can thrash out a legal basis in getting compliance and using our rights to the law as it was meant to be ,cause it seems that the DCA AND CRA /BANKS ETC are trading in human misery and suffering for a few of us.....i rest my case but i am trying,

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Patrickq1 I fully understand your rant, as I said in my earlier post it cant have been a coincidence to check my record and then receive a batch of old debts at my new address.

 

I don't even begin to understand the laws of tort but surely Experian owning Westcot is an example, the boot is in the same camp.

 

I still believe that if a DCA writes to you regarding a debt they should include the last bill sent to you, NOT a statement of account, but a copy of the last bill sent. This might stop them churning out automatic letters which have little basis in fact - I am NOT going to pay a DCA who says I owe X company Y amount without X company sending me the last bill.

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they could nt do that it is against their princples to show their hand ,they rely on cunning and trickery and anything and anyway to get you to submit to their will truthfully we all know and they know they operate on fear your fear,hence this is why on cag you are told catagoricly do not speak to them but write and never aknowledge your debt...

have a look at GUS see who they own you will be shocked

patrickq1

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after 'researching' within the public domain I find that parasites like Experian & their ilk are working hand in hand with DCA's

Of course they are. Why should we be surprised?

The CRAs are not working for the benefit of the consumer, and never have done. How they have managed to cultivate a public image as some sort of 'guardian of truth' is beyond me.

 

As you rightly say, all these companies are interwoven with conflicting interests, and this is obviously a state of affairs that should not continue.

 

Sadly, I can't see any change coming anytime soon. :(

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All banking institutions and CRA agencies as well as DCA’s work hand in hand. The government have no control over CRA because they are private organisations and DCA’s spread their tentacles’ wide and far.

 

DCA’s are allowed to get away with such bad practices and even down right lying and cheating which is practically the same as fraud in my opinion. The only way all this DATA about is will be remotely protected is for the government to over the control of it but I do cannot see that happening and therefore we are all at the mercy of DCA’s sharks.

 

Proposals are now being made for us all the UK residents and even visitors to this country for their DNA to go on a central data computer. Can you imagine a big burly DCA chap on your doorstep asking you to spit into a plastic bag? Then again you can always miss when spitting into their bag and direct it to the DCA chap face. Do you thing that would get rid of the leaches.:-x

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All banking institutions and CRA agencies as well as DCA’s work hand in hand. The government have no control over CRA because they are private organisations and DCA’s spread their tentacles’ wide and far.

 

DCA’s are allowed to get away with such bad practices and even down right lying and cheating which is practically the same as fraud in my opinion. The only way all this DATA about is will be remotely protected is for the government to over the control of it but I do cannot see that happening and therefore we are all at the mercy of DCA’s sharks.

 

Proposals are now being made for us all the UK residents and even visitors to this country for their DNA to go on a central data computer. Can you imagine a big burly DCA chap on your doorstep asking you to spit into a plastic bag? Then again you can always miss when spitting into their bag and direct it to the DCA chap face. Do you thing that would get rid of the leaches.:-x

The easiest way to get rid of a DCA doorstepper is to tell them to leave your property. If they refuse you can either

1. Use reasonable minimum force to remove them or

2. Telephone the boys in blue and report a breach of the peace and they will move them for you

 

It should be remembered that DCA doorsteppers have NO LEGAL RIGHTS whatsoever

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Just my point, if they are not allowed to be on peoples doorstep then why they are there breaking the law and intimidating people, sometimes there are very vulnerable people. Why are DCE's allowed to be so intrusive like this, it is because the law allows them to do so, which so shameful about this industry. :evil:

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