Yes just send 14 day LBA but refer to loan agreement rather than bank account in it.

Did your friend receive a NIP first & if so did he complete it naming himself as driver?

Think you were a bit harsh here.....I believe the writer you have scolded actually read the earlier post where the writer said "thought it was more to do with speed" - maybe you missed that one...............

If the driver wasn't stopped by police at the time (which appears to be the case) then the next stage would be an NIP as there is no way they could correctly identify the driver without one.......then a summons.

You may think not but I doubt the Courts particularly care what you think. What you think doesn't really matter does it - after all it's the legal reality that matters and it's for the courts to administer the law accordingly. Whether a defendant plays the system or not is irrelevant - all that matters here for the person asking for help is what the legal position really is (not what you would like it to be). After all I'm sure the banks would love to be able get away with saying "its not fair that we're having to refund the penalty charges which we think impecunious borrowers should be punished by having to pay".

For someone to have been deemed to have "committed "an offence they must have been convicted. At time of sentencing only offences which have been convicted in the previous 1094 days will be taken into account......any others are "spent" convictions. Should magistrates administer justice the way you suggest then their decision would be quickly overturned in the Crown Court on appeal.

unless accounts were in joint names then I would think she would need letters of administration in order to "stand in her husbands shoes "so to speak in dealing with the banks etc - unless he left a will in which he named her as executor

This refers to the position of your licence at time of conviction for the latest speeding offence NOT at date offence was originally committed - note the word INCUR - (please feel free to check the Dictionary) Must admit I'm a bit bemused by the vitriol with which you have attacked my previous posts.......particularly as you were totally wrong as outlined here............ but hey.....I only have 20+ years experience in dealing with these matters and I was only trying to give assistance to someone:rolleyes:

If you just withhold rent money then the landlord can commence eviction proceedings (unfair I know). Write to him outlining the repairs that are required stating how long they have been outstanding. Send this letter recorded delivery. Give him a period of say 21 days to contact you with proposals to rectify faults. If no reply write again giving further 14 days and saying if no satisfactory response you will be getting repairs done for which you will be looking to him to reimburse your costs.

Again disagree......I run a large vehicle fleet ( have done for 20 + years) and am therefore very well aware of what normal practice is ....though as I said it does differ depending in which police area you were "done in "

Thought I had................. The NIP must have been delivered to you no later than 14 days after the date of the offence so if offence date is 1st May, 2007 it must have arrived by 15th May, 2007 no later. Check date of offence and also the date summons was issued. If date of issue is more than 14 days then it is invalid. Also check date of posting on envelope it came in. Points expire from your licence (or can be removed) four years after the date of offence. It doesn't matter what is on your licence when you committed the offence its only what is on your licence if you are either convicted or plead guilty. Challenging a speeding charge normally takes several months through the court procedures. If you hadn't received the original NIP then policy is to send out eiter a further NIP (28 days) or a seven day letter (depending on force). If no reply to that next step is normally either a repeat but Recorded Delivery or hand delivered by the friendly rozzers.

yup reads like a wiki to me .............

The NIP must have been delivered to you no later than 14 days after the date of the offence so if offence date is 1st May, 2007 it must have arrived by 15th May, 2007 no later. Check date of offence and also the date summons was issued. If date of issue is more than 14 days then it is invalid. Also check date of posting on envelope it came in. Points expire from your licence (or can be removed) four years after the date of offence. It doesn't matter what is on your licence when you committed the offence its only what is on your licence if you are either convicted or plead guilty. Challenging a speeding charge normally takes several months through the court procedures. If you hadn't received the original NIP then policy is to send out eiter a further NIP (28 days) or a seven day letter (depending on force). If no reply to that next step is normally either a repeat but Recorded Delivery or hand delivered by the friendly rozzers.

Well as the amount they owe you is more than the amount you still owed them after the partial settlement I would think that you are home free as far as getting your CRA records amended. Send them the 14 day LBA and add in to it "Furthermore as the balance you show as my still owing after partial settlement at the CRA's is completely made up of these unlawful charges I am also asking that you amend the CRA entries imediately to show settlement in full and no default." Additionally you should be a wee bit suspicious about the lack of information they have supplied you with.............pursue it they probably haven't got a copy of a properly executed agreement with you in which case they will probably if pursued rigorously by you result in them having to write the 700 + off, amend records and refund you your penalty charges in full. :D :D

If A & L had applied to the court to set aside judgement you would have been given notice of this by the court. I would think that you should have made an application to have the court set aside the judgement on the grounds that the CCJ had been obtained by default & that if you had been allowed to enter a defence due to their being no valid CCA (admitted) the claimant would have not been able to enforce the debt. From what I've read of your thread you don't appear to have done anything so the court is telling you to either do something (apply to have motion set aside) or forget it...........if it was me I'd be making application to the court as we speak for motion to be set aside and also for judgement to be. A&L aren't going to do it for you - you're going to have to do it for yourself!

If A & L had applied to the court to set aside judgement you would have been given notice of this by the court. I would think that you should have made an application to have the court set aside the judgement on the grounds that the CCJ had been obtained by default & that if you had been allowed to enter a defence due to their being no valid CCA (admitted) the claimant would have not been able to enforce the debt. From what I've read of your thread you don't appear to have done anything so the court is telling you to either do something (apply to have motion set aside) or forget it...........if it was me I'd be making application to the court as we speak for motion to be set aside and also for judgement to be. A&L aren't going to do it for you - you're going to have to do it for yourself!

Totally understand your feelings on the subject and good luck with 'crap 1'. However before littlewoods actually closes your account why not CCA them with 1.00 postal order .........because I'll bet they don't have a legal agreement with you and then you can have any default charge or late payments they've noted on your account cleared up as well........ :razz:

The main difference is that if you file online you have less space for POC and you will have to send appendix sheets seperately (so could be misfiled by the courts). However you can track case online but only untill defendants say they are going to defend then it reverts back to ordinary court system. Personally I filed at the court with all documentation attached (I've had personal experience of items such as skeleton arguments, response to claims etc being misfiled even when sent special delivery) but it comes down to whats more convenient for you - timewise.

Totally agree - as it stands today if you were to do a CRA check (or Dunn Bradshaw check) on Barclays the CCJ will show on their credit file............ :D

If its a secured loan then the only way they will be able to cancel it is if you default on payment.................its not the same as an overdraft which can be recalled at any time with no notice

Yes but they have to ask leave of the court....................court would probably prefer it if they were there too to ensure they were happy with your handling so could refuse if think you aren't up to it

You really are in a strong position with Barclays now..................well over 28 day period. They should pay more to get yopu to agree to a set aside of the original judgement

Just seen the last post.....................if it is over 28 days and they ask you to agree to a set aside to allow them to recover their credit rating mayb e they should make you a generous donation on top of the settlement?? :-D

The reality is that its not up to Barclays they are subject to the same laws as their customers.........if they haven't paid a court judgement within 28 days of it being issued then they have a CCJ for 6 years. If they then pay it after the 28 day period has lapsed the best they can achieve is for it to be marked as Satisfied on the court files - which is still pretty devastating on their credit rating. Therefore that is why I think they will try to have decision set aside on spurious grounds.

Well it would look like Barclays Bank now has a CCJ lodged against them that can't be removed for six years...............should affect their Dunn rating......:grin: :D Bad news is it will mean that the only way they can get it removed is to apply to have judgement set aside on some spurious ground.................