Jump to content

bustthematrix

Registered Users

Change your profile picture
  • Content Count

    1,041
  • Joined

  • Last visited

Posts posted by bustthematrix

  1. Hello

     

    A major bank (per this thread section) has contacted me regarding incorrect charges that were wrongly added to a loan I had with them back in 2006 which was settled in 2007.


    In calculating the refund amount, they added simple interest @8%pa (13 years worth) to the repayment. I remember reading somewhere that such interest should be compounded instead of simple. The difference in final amount between the two methods of calculation is fairly significant.

     

    I wanted to know if you were aware of the case law(s) or legal principle(s) applicable so as to apply compound interest as opposed to simple interest to the refund amount? Or perhaps you can refer me to something to read? I'd like to request compound interest if at all possible. I don't want to waste time trying to get Compound Interest unless there are strong legal grounds for doing so.

     

    Left to them of course, they prefer to pay simple interest as the figure will always be less.

     

    Many thanks in advance.

     

  2. Hello

     

    Wondering if anyone can assist. A few weeks ago, I received a petition for divorce from my soon to be ex.

     

    I put it aside thinking I had about 28 days to acknowledge it as I was and am still in the middle of arranging moving home.

     

    Unfortunately, now I've lost the forms I was sent AND I was told I was required to acknowlede to the court within 7 days of receiving the petition.

     

    Any ideas on what I can/should do asap please?

     

    Thanks in advance.

  3. Like I said, I may be corrected lol.

    Hi Grumpy

    Please have a look at this other PATAS case which seems to contradict the above.

     

    Case Reference:213063521A

    Appellant:Mr Zeljko Radojevic

    Authority:Camden

    VRM:Y213GAC

    PCN:CU37686512

    Contravention Date:15 Oct 2013

    Contravention Time:21:16

    Contravention Location:Bedford Avenue WC1

    Penalty Amount:£130.00

    Contravention:Parked adjacent to a dropped footway

    Decision Date:28 Jan 2014

    Adjudicator:Carl Teper

    Appeal Decision:Refused

    Direction:None

    Reasons:The Appellant has not attended and the Enforcement Authority is not represented.

     

    The authority's case is that the Appellant's vehicle was parked adjacent to a footway which had been lowered to meet the level of the carriageway when in Bedford Avenue on 15 October 2013 at 21.26.

     

    The Appellant's case is that he parked on a single yellow line outside the hours of operation, and that other lowered footways had double yellow lines; he found this confusing.

     

    I have considered all the evidence and I find that the Appellant's vehicle was parked adjacent to a footway which had been lowered to meet the level of the carriageway when in Bedford Avenue on 15 October 2013.

     

    I find the enforcement officer's record to be accurate and credible. I have reached this conclusion bearing in mind that it is contemporaneously recorded and is supported by photographic evidence. I find that the photographic evidence and Civil Enforcement Officer's notes confirms that the Appellant's vehicle was parked adjacent to a lowered footway.

     

    A lowered footway contravention is not connected to the restriction on single or double yellow lines but stands on its own 24 hours a day 7 days a week.

     

    The appeal is refused.

  4. Hello All

     

    I hope you can help.

     

    I recently received a PCN affixed to my car for an alleged Code 27 offence. i.e. 'Parked in a special enforcement area adjacent to a footway, cycle track or verge lowered to meet the level of the carriageway.'

     

    I want to contest this on the basis that

    1. The signage around this area is poor and unclear. It certainly was not clear to me that parking was prohibited as there was no visible warning signage and it was a single yellow line.

     

    2. I have parked (never more than 20mins) at this very location, always AFTER 18:30 several times in the past, over many years and never been ticketed or warned not to do so - not even by other motorists or passers by.

     

    I think this is worth contesting as the signage seemed unclear to me as well as observed usage over the years.

     

    The borough is Enfield.

  5. It will come down to why the payment was not made.

     

    Whatever the case, it is imperative this is resolved before the expiry of the 7 clear days.

    Assuming I'm not lying then, in light of what I've said about an ACTIVE direct debit arrangement STILL in place with HMCTS, what do you propose I do?

     

    i.e. it's clearly their fault for not taking that last £10 and that's even if I actually still owe it.

    I've not seen any schedule of payments for the fine since I started making them.

  6. It does seem strange as to why it has taken so long to get to you so you should contact CES today and ask for the date of postage. If it was posted on the 2nd you will have to pay all of it by the 15th.

     

    If you do not pay, they will send out an enforcement agent and this will add a further £235 to the bill.

     

    This is perfectly lawful and it is therefore better that you make payment of the £85 as soon as possible.

    Please clarify on why this is 'perfectly lawful'?

    I had and still have a valid payment arrangement in place. If in fact £10 was still owed as alleged, why did they not simply debit it along with the earlier Direct Debits?

    Also, had I actually cancelled the DD mandate [which thankfully I haven't], should they not have notified me of the outstanding amount before referring it to a debt collector? There's been no refusal to pay or failure to contact/respond on my part so why should my costs have to increase?

     

    Definitely seems far from 'perfectly legal' to me.

  7. They are well out in terms of timing.

    Seems so to me, not sure what my rights are if they are though??

     

    Before the Enforcement Co became involved did you receive any notification from the Court you were in arrears?

    Absolutely nothing. As I said above, the sum was being paid via a DD arrangement that THEY setup for that very purpose. Having checked my online banking just now, I notice that their DD arrangement is in fact STILL ACTIVE.

    If not then you should contact the Fines officer to find out what is going on. it appears to me that the Court have not followed procedure and should take this back and let you just pay the £10. If however it can be proved they have complied then unfortunately you may be saddled with the Compliance Fee.

    Please see comments.

     

    I most certainly have not had ANY reminders or warnings of any kind. What procedure are they supposed to follow?

  8. Hi All

     

    I have just received a 'Notice of Enforcement' from Collectica Enforcement Services (CES). I got it in today's post but notice it's issued 2nd of May?

     

    Anyway, apparently, I owe £10 to HMCTS.

    CES have now added a £75 'Compliance Stage Fee' thus raising the 'debt' to £85 now due for payment. The Notice states I have until May 15th to 'pay or agree a payment arrangement' with CES.

     

    I am OK to pay the £10 but DO NOT agree with having to pay the £75 and would like to challenge it.:!:

     

    THIS notice from CES is the first time I am being made aware of this shortfall.

    The £10 debt is nothing but a shortfall from a court fine from July 2013. I had setup an instalment payment arrangement by DD with the HMCTS payments company to pay the fine in monthly instalments which I 'd been doing up until about Jan/Feb when the full amount was cleared (or so I thought).

    HMCTS setup the monthly payment arrangement AMOUNTS to clear the debt, not me. I assumed they knew what they were doing and that payments would be taken until the debt amount was cleared in full.

     

    Around March/April (have to check not sure), I stopped the DD payment setup on my Online Banking as I had waited until they stopped taking the payments for about 2 months - assuming that the balance had been cleared in full. I originally owed £400, and paid £100 July 2013 and £50pcm from August - January to clear the balance.

     

    I am now minded to send a £10 cheque to Collectiva (or direct to the court??) for the O/S £10 I was unaware of whilst challenging the £75 'stage fee' as this is the FIRST I am hearing of the fact that it was oustanding.

     

    Surely I should have been notified, as a compliant payer, that there was a £10 shortfall and given the opportunity to clear it rather than straight to a Debt Collector with further charges added on?!? Absolutely not right.:x

     

    Kindly please offer your thoughts on how best to go about this.:???:

     

    Regards

    Btm

×
×
  • Create New...