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Showing content with the highest reputation on 20/09/09 in all areas

  1. One of the grounds for claiming self defense is "a reasonably held belief" that you were in danger. Given the circumstances I would say that you were entitled to "a reasonably held belief" that you were in danger. I seem to remember that a well known footballer use this as excuse for speeding some years back.
  2. 98,000 x 2.5% = 2450 / 365 = 6.71 x 23 days = 154.38
  3. No, your finances are none of their business. Send the CCA request, wait 14 working days after you post it, then if there is no response, you will need to post here again to let us know what the position is. If you are still making a payment, continue with this for the moment. In your letter to Moorcroft, tell them that you are dealing directly with Sainsbury's regarding your dispute.
  4. Without trying to cloud the waters I can partially answer that one - if the marriage has broken down and his wife was only here as an 'accompanied spouse' without recourse to public funds that would be reason enough to deport her once the marriage had failed. It may be that she is being deported for another completely different reason, quite a few spring to mind but I don't want to add a lot of suppossition to this thread.
  5. It depends on how you phrased your SAR, did yopu specifically aask for things that they have omitted? I would write reminding them that you should not need to remind a firm of solicitors of their legal obligation to supply all information held on you, then mention tye 40 day deadline and advise them that if they have failed you will report then to the ICO or take them to court for failing etc. There are some threads where this has happened. Make sure you have a tight paper trail with postal receipts etc.
  6. hi SG, i have a real worry about gong for set aside when the judgment is not a 'default'. under what section of the CPR could caller justifiably ask for the judgment to be set aside? as above this was a problem i ran into. to stave off the issue of forced sale, a temp measure could be to try for a redetermination hearing to allow a reasonable, affordable payment perhaps?
  7. If it were me or my Mrs I would go to court plead guilty, write a good statement of mitigation highlighting the key issues - 30 years of driving with no previous offences Loan female in car early hours Split second to make a decision Hindsight - there could have been an accident proceeding through the light, and now I might do things differently But I felt real fear as they approached I have not appeared here in order to waste the courts time, but to be accountable for my actions in person, explain what happened and answer any questions from your worships I only ask that you worships consider my position at the time I have definitely learnt from this, and if I'm in a similar situation in the future (early hours driving) will be far more aware of the potential of danger in all its forms. If it was dry and clear point that out. If the junction has good visibility for crossing lanes point that out. Point out the youths in the photo. Did you report it to the police? If so point that out. If not, you might want to think about how you would deal with that question. Also do a copy of your statement for each of the bench (3), the clerk, yourself and a spare. Good luck with it.
  8. Its just on its way to their complaints department (except they don't call it complaints as they never admit fault just make goodwill gestures when they know they don't have a leg to stand on) - it will take a while to get a response from them however Lloyds do not talk amongst themselves so you may still get threatograms from collections and ****
  9. You will risk higher costs if you appear in person, as the magistrates will not impose the fixed penalty you would get if you pleaded by post, but will use their own sentencing guidelines instead. The starting point for failing to stop at a red light is a 'Band A' fine, which = 50% of your weekly income, with a range of 25-75%. This will be + a £15 'victim surcharge' and possibly + costs. You will also get three points I'm afraid, unless the court finds there are 'special reasons' not to endorse. There is no definition of what 'special reasons' are; that is up to each individual bench. The only other options is disqualification. Before everyone gasps with horror, how often do you drive? For any endorsable offence (i.e. one you get points for) magistrates have the option to disqualify the driver for a certain period. Therefore if you don't need the car for work etc, you could ask that instead of the fine and points, they disqualify you for, say, 1 week. After that, you get your licence back (no re-test or anything like that!) and it's free of points. Again, it's up to the court to decide if this is appropriate, and they don't have to follow your suggestions.
  10. The Notice of Assignment must come from Lloyds and under the Law of property Act 1925 S136 they must send it by Recorded Delivery. There is no "usually send one" - they must send one by law.
  11. Welcome to Cag, BWB. If Apex are offering a 50% discount, it sounds like Ltsb have sold the alleged debt on to them. You should have had a notification (NOA) from Apex telling you they have bought the debt, and usually one from the bank telling you they have sold it. I would ask the bank if they have sold it on. Report them to the relevant bodies FSA, TS, etc, for not following guide lines. Next, if they have sold it on you will have to deal with Apex from now on. Look in the template section for the 'Prove it' letter and send that to them. Send it recorded del. and DO NOT sign it. Print your name only. If it proves they have a right to chase the alleged debt, then send them the CCA 1974 request letter with a £1 postal order and dont sign the letter again, and once again, recorded del. Other people will be on to help you more, the advice I have given is just what I have done in the same situation. If they have no credit agreement they cant take you to court to make you pay. If you have not acknowledged or paid anything on it for 6 years then the debt is statute barred, which means that nobody can collect on the debt at all. Hope this helps. jed
  12. Course he does, they appear in most of his family tree about 2 generations back Anyway, can you lot take a peak at Chris's thread Natwest / CMS Debt when you get the chance, still waiting for docs ex CMS Telford but guessing they'll add more fuel to the fire when they appear. Gez
  13. ;)did not mean to sound as if £400 is not a lot of money, it is just that I have made 3 seperate claims which add up to £400! One is just for £45 but I still want it back!
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