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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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new fine for an old offence?


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hi

this week I received a fine at the local magistrate under the new means tested rules of £550.

 

 

I was speeding 39 in a 30 and readily admitted it.

 

 

The offence was committed in January but I didn't received any correspondence until may when I received a reminder

(I presume there was an original notification but I queried and found out it wasn't sent recorded signed for delivery).

 

 

I read about the new speed tarrif for "offences committed after april 24 2017" but my offence was jan 2017.

yet I am still asked to pay £550.

Is this correct?

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You need to go back to the Magistrates to raise a complaint about this. Should be whatever fine system was in place at time of offence.

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Two things about the new sentencing guidelines for speeding:

 

1. It only effected the top range of seriousness. For offences in a 30mph limit this would be those where the recorded speed was over 50mph. Your speeding offence (39mph) was in the lowest band.

 

2. The new guidelines were effective for offences sentenced on or after 24th April regardless of the date of the offence.

 

Having said that, the guideline fine for your speeding offence is half a week's net income and £550 is a very high fine. So, what offence were you convicted of? Was it speeding or was it "Failing to Provide the driver's details"? This seems more likely from your brief description. How many penalty points were imposed? Have a look at your DVLA driving record online and see what endorsement code has been applied.

 

By the way, correspondence regarding speeding offences is not sent by Recorded delivery. It is usually sent by normal first class post.

Edited by Man in the middle
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Thanks appreciate the advice.

 

 

I was convicted for speeding not for failing to provide details.

Further the points added to the licence were 3.

 

 

Regarding your point about only effecting top range..

..according to confused dot com/on-the-road/driving-law/speeding-fine-calculator it is effecting all bands if you play around with the calculator not just top bands.

 

and just for further clarity the fine was £423, costs were £85 and victim surcharge was £42......although there was no victim in this case.

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"...according to confused dot com/on-the-road/driving-law/speeding-fine-calculator it is effecting all bands if you play around with the calculator not just top bands."

 

Then confused dot com is wrong. The only change was an increase to the top band of seriousness from one times weekly income to one and a half times weekly income. The guideline fine for your offence is half a week's net income (reduced by a third if you plead guilty). Does this line up with your income?

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For a speeding offence to be at the magistrates their must of been something else going on that the op has not told. It would normally be felt with by fixed penalty.

Failed to respond to paperwork?

Failed to turn up to court?

Fined in your absence?

There are other factors going on here.

 

And a little point on the victim surcharge, we, as a society are the victims by your speeding.

 

What else has gone on?

Was it a fixed camera

Was it an officer with a laser and were pulled over and you argued the toss with them?

What else has gone on

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I already said I didn't receive the original notification until may so it went to the magistrate, called to ask about the original notification letter and was told is was normal first class post. Whatever was in the original letter, I don't know as I have never received a copy. Mobile unit apparently but I knew nothing about it.

Edited by michaelmartin1
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Post 2 has the correct advice, contact your local magistrate court and raise a complaint if the fine was based on means tested income as that was not in force when the offence was committed.

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Yes can you tell us what exactly happened here? I made the assumption that you did not respond to anything you had received regarding this offence (hence my query whether you had been convicted of "failing to provide driver's details). So:

 

1. Were you stopped by the police at the time of the offence or was it detected by a camera?

2. If it was detected by a camera and you did not reply to any correspondence how do they know who was driving so as to prosecute you for speeding?

3. If you did reply naming yourself as driver were you offered a Speed Awareness Course or a Fixed Penalty(£100 and 3 points)?

 

Please tell us what has happened (including all dates, date of offence, etc).

 

You must have been fined on the basis of a guilty plea (if not the costs would have been higher). Your fine of £423 includes a 33% discount for that plea. This means the base figure was £635 (£634.50 actually, but let's keep it simple). The fine should be half a week's net income. So did you tell them you earned £1270 per week?

 

Let me know exactly what has happened here. If you have been fined incorrectly you have a number of options, but which option to take depends on why you have been fined incorrectly.

 

By the Way, the official term for the "Victim Surcharge" (as per the legislation) is simply "Surcharge". Much of the money raised goes to various organisations who support victims and that's how it attracted its popular name.

 

And homer is incorrect. As I said earlier, the new guidelines came into force for offences sentenced on or after 24th April, not for those committed on or after that date. (And in any case your offence and subsequent penalty was not influenced by that change).

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