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  1. Good evening all, I am in a sticky situation, I received an invitation letter to go to the National Speed Awareness Scheme to write off my speeding offence, I was doing 58mph on a 50mph zone. My current situation: I've been financially struggling due to getting married in July abroad and money is something I've been struggling with but I'm getting by and putting things into place. I received the letter for the course on 7th January 2019 with every intention of attending the course, but I completely misread the situation, when I went online to drivetech to have a look at the course and how much it would cost it mentioned that it has to be booked within 4 months, I thought I'll strengthen my financial standing and book it at the end of month when I get some more money coming in. I went online today to book the course , and my details were not found on the drivetech record! I referred back to the letter, and it told me that it needs to be booked and paid within 21 days, but complete the course within 4 months! I had completely misunderstood that, and this is a genuine mistake I have every intention of attending the course, I'm extremely worried as attending court is the last thing I need on my plate, can anyone give me any advice I am ready to take the course, and book it at the earliest opportunity, I never meant to dodge the letter it was a misunderstanding from my part. Can anyone please shed some light because I can't get this off my mind at the moment I've never had a criminal record, points or a speeding notice before and because of my mistake I am now worried that I will have to attend course! Any advise would be greatly appreciated
  2. Hi everyone For the past 7 years I have been paying IDEM in respect of an MBNA credit card debt that they purchased probably for a tiny % of the actual. Since 2009 I have also removed several defaults from my credit file and paid back pretty much everything that I owed following a difficult financial period of my life. I got to the point that I was actually approved for a mortgage 2 years ago. However , a few months ago , I registered a complaint with IDEM as they would not accept a full and final offer to pay off the final and mistakenly I stopped payments for a coupe of months whilst they responded to my complaint . I then paid off the outstanding debt in FULL. My challenge is that they have rightly registered those missed payments with Experian which has taken my credit score down to FAIR . I have asked IDEM if they would consider a gesture of goodwill and remove the missed payment record in respect of the complaint at the time and my exemplary payment record over 7 years. SO far they have refused which I think is unfair but correct I guess. Is there any way I can approach this differently - I have been very polite and reasonable to them Thanks DP
  3. Some months back I opened the door to the Tv Licensing people, and made agreement to pay licence in small amounts, Due to illness and having to move on to benefits I could not afford to keep making the payments. Today i received a warrant for arrest for non payment of the debt, I am really worried that I may be arrested, but all the same,at the back of my mind something tells me that the warrant is not what it seems to be, It is printed on card sealed on 3 edges. the front says its from HM courts and tribunals services,but the inside looks more like a tv licence warning, but says "Details can be circulated to police" amongst other things like don't delay contact us now. It has my name account number and contact details written in ink. I rang the number, while hiding my own, and asked who I was speaking too, at first all the man would say was his name, but after some persistence he said he was from the magistrates court. He did not seem genuine. So I'm not sure if it is a real warrant or not .How can I tell if it is genuine ?
  4. Hi all, > I am trying to put together a letter to Lenovo due to an issue I had with my laptop. We paid an extra amount (£68.40 for a 3 year two business day repair, which actually turned out to be response (ie: an engineer contacts us in 2 business days to resolve the issue). Timeline: Raised issue 18/7 Chased 20/7 Chased 23/7 at which point it was escalated. No idea who to as they still won't tell me. 24/7 finally get a call to make an appointment for 26/7. 26/7 - No show. Called to find out what was going on, and the engineer was ill. New appt made 1/8. 1/8 - No show. Called to find out the matter, some parts issue. Will come 2/8. 2/8 - No show. Still some parts issue. I'm off on holiday now. Appointment made for 21/8. 21/8 - No show. Tried to complain but complete waste of time. Eventually manage to get a booking for 3/9. 3/9 - No show. Parts problem. As I don't have a salary, and my work is in property development mainly, should I just take the total on last year's self assessment and divide it up by 365? To be honest I don't think Lenovo is going to be responsive. Thanks!
  5. I am helping an elderly relative (91) with a court claim. Wer are getting the witness statement ready as there are only 3 weeks until the court date. He received a letter in december and should have paid his hearing fee in february. Its new to me, but I think the court will strike out the claim. He is unsure if he paid it, if he has not what is the worst case?
  6. Good morning, I looked at my bank statement this morning to see that Harlands have taken £36.99 out of my account. called them and they said it was refused by my bank as "Refer to payer". received an email from them a day after they tried to take the payment(24th January) saying that it was "Refer to Payer" and that there was insufficient funds in my account" called my bank today and they said they can see that Harlands attempted to take the £11.99 on the 23rd January but it was refused. They said I had over £100 in my bank on that day. They then mentioned that it was a merchant problem and that the payment "Is not a fair charge" I then called Harlands back and they flat out told me my bank were lying to me. Harlands also sent me an email also showing the status of the payment as "Refer to Payer" What do I do now? They already have taken the £36.99 out of my account. How would I go about getting the £25 back when I did in fact have sufficient funds as confirmed by my bank? Thanks for your help. Carl
  7. From their website: "Charged to cover the administration of issuing an arrears chase letter." - Outgoing arrears letter I'm not condoning missing mortgage payments, but surely £27.50 is a lot for a one-page (presumably computerised) letter and envelope being sent out? I think this has been covered previously (in 2011) but I'm not sure of my best course of action. Or whether I have a claim at all? Can anyone help me? I have received 2 of these letters in the last fortnight alone. £55 is hard to take for 2 sheets of paper and 2 envelopes! This figure is clearly exceeding actual administrative costs, and I find them unfair and therefore unlawful. Are they well within their rights to charge such a figure? Sometimes I have had these letters without even a prior phone-call to chase/remind me to make payment.
  8. See on TV news that Vauxhall are limiting production of the Astra with a loss of 400 jobs. The article went on to say that Vauxhall are now owned by the PSA group ( Pug / Cit). When were they taken over from GM ?? Instead of sacking 400 people would they not be better off training a heap of them as Auto Electricians-----might solve a multitude of problems for the whole group
  9. Hi This is from earlier this year but after seeing a lot of press around refunds I thought it was worth pursuing. My daughter had booked a flight with Flybe from our local airport Newquay to Gatwick to connect with a Malaysian airlines flight back to Australia. I dropped her off and she checked in. Her connecting flight was 1.35pm, so plenty of time to connect with the flight. The flight was meant to take off at 7.25am, but took off at 8.35am. It landed in Exeter as Gatwick airport was shut down due to fog. They sat around for 2 hours until they informed them that they had cancelled the flight and they would take them to Gatwick by coach. This journey took 5 hours. I called Malaysian airlines but I had to buy another flight. Flybe knew that Gatwick was closed and had they said that they couldn't get there we could have driven my daughter to Gatwick - it would have been a close call time wise but we could have made it. Can we get any compensation for this, any help much appreciated
  10. Good evening. Two weeks ago I banged my elbow, the morning after I had reduced movement and a lot swelling. I presented at the local ED and was seen by an ENP who after an xray said it was not broken, to his surprise due to the amount of swelling, so I was to mobilize it as much as possible. Yesterday morning I awoke to an elbow for times the size it would be so I went to the GP who sent me to hospital to be told "oops, we have had a consultant look at it and we missed it" I've now got a collar and cuff and have to rest it for three weeks. Its so painful that I am now on Oramorph and not sleeping. I was told this in front of other patients waiting to be seen which made me very embarrassed. What should I do, should I seek the advice of a solicitor, I am concerned about loss of function and how I was treated. Thank you in advance
  11. Hi all, due to a massive cock up by myself I have missed a claimform deadline and judgement has been issued according to MCOL, this was because I went on holiday and was too late when I got back, yesterday....completely my own fault! Is there anything I can do?
  12. Hello, I have a problem regarding PCNs and hope someone would be able to help! Received PCN regarding a driving contravention ( crossed a road the wrong way, but it was a quiet residential side street and i was lost!) dated 26th April sometime the week of 15th May. ( mail mix ups are common, it's a relatively new block of flats, mail from a similar sounding block beside us tends to end up with us at times) Appeal deadline would have been 26th May. I tried to appeal online, but the website wasn't working. I have screenshots from several browsers. I called in and spoke to staff who advised a written appeal although it would be close to the deadline, I also emailed them the same day with the gist of my conversation & email copy of appeal. (email appeals are not allowed though) . (all done before deadline) Written appeal received by council on 1st of June, in the mean time, charge certificate dated 26th May sent out informing me that cost now increases from £130 fine to £195. Letter from council dated 8/6/2017 received, informing me that the appeal window is closed hence I am no longer able to appeal. Wrote back saying I effectively did not receive the notice in a manner that gave me sufficient time to appeal. Even then, I had tried the website, called in to speak to staff and emailed before the deadline on 26th May. My written appeal was received 6 days after the deadline which I thought shouldn't be invalid given I didnt receive the PCN on the 26th of April! I asked them to please reconsider the matter, allow an appeal, consider it, and if rejected I should be allowed to pay the discounted £65 charge . To expedite matters I reattached my original appeal letter and a cheque for £65. I also asked the council to show me proof of postage that they did indeed send the letter on 26th of April. I also wrote that if they continue to reject my right to appeal, then to please advise me on the next step/ escalation to county court. The council wrote back thanking me for my payment of £65, advised that there is a remaining £130 left to be paid ( total £195), and that appeals are no longer possible/ not considered/window has passed. The council's letter states that if I don't pay the remaining sum, they'd apply to county court to recover the £130 plus court costs from me. That the letter is signed by a "Business Processing Officer" only makes me more annoyed. No proof of postage/ no response to the content of my actual letter. Just a generic "postal delays are beyond our control". Plot twist - even when I go to the website to pay the fine, it says the penalty has already been paid and payments are no longer accepted online. I'm guessing I'd have to write another cheque or pay via the phone. All in I've felt this is very unfair. I received the PCN late, I tried the appeals website which didn't work, I spoke to staff, I emailed. I've really engaged with the whole malarkey. Do I really need to pay and additional £130 or has this been unfair by the council ? Thank you in advance.
  13. Hello and thank your reading, I unfortunately suffer from the following which I take medication for: Spinal Injury - Long term disability affecting movement, loss of feeling in legs and feet Chronic Pain due to spinal injury and herniated discs Depression ADHD I missed my Work Capability Assessment as I had an infection, I called the centre prior to the appointment to tell them and I also visited the GP and obtained medication.I was told that I would receive a letter from the DWP asking why I missed the appointment. I subsequently received the form, I completed the form complete with an appointment card and the medication container which listed the date on which I obtained the medication, at no point was I asked to explain my disability/illness or the reason as to why I had been in receipt of "not fit for work" note from the GP and have been since Sept 2016. A couple of weeks later I received a "Decision maker has decided your capable of work" The questions I am asking are: 1.How can this have been made when there has been no formal assessment completed or any forms filled out by myself to explain the conditions and difficulties I face on a day to day basis? 2.I have note received any explanation as to why this decision was made, so I want to appeal, whats the best way to do this? 3.I have no benefits in the meantime, I am in a lot of debt and am behind in my rent, which means that I may lose my home due to this decision, what can I do? Many thanks in advance for the advice, it is really appreciated
  14. Hello, A number of PCNs from Smart Parking were delivered to my address in the last few weeks, for an alleged breach of the terms of parking at Matalan in Sutton, Surrey. This was subsequently followed by a Notice of Intended Court Action letter from Debt Recovery Plus (DRP), stating the reason for the PCN being issued as: "Overstayed Paid Time". Earlier this week, another letter was received from SCS Law who claim to act on behalf of Smart Parking Ltd who have allegedly instructed this law firm to recover the PCN charges. The letter then goes on to state that Smart Parking are entitled to the outstanding sum under contract law, adding: "When your vehicle parked at the above mentioned site(s), the driver of the vehicle agreed to be bound by the terms and conditions of parking which was displayed on signage throughout the site(s). The driver of the vehicle breached the terms and conditions of parking on each of the above stated occasions for the reason stated. For each contravention, a parking charge notice was issued, for which the sums owed remain outstanding. We refer you to the Supreme Court decision in ParkingEye Ltd v Beavis [2015] UKSC 67. In this case, the Supreme Court found that parking charge notices do not contravene the penalty rule or Unfair Terms in Consumer Contract Regulations 1999 provided they protect a legitimate interest. Unless payment is made within the next 14 days, we are instructed to issue court proceedings to recover the same and any of our client's legal costs, without further recourse to you". I visited the Matalan store last weekend and discussed my issue with a member of staff, with the hope Matalan would intervene and request for the PCN to be cancelled, being a regular customer of the store. The member of staff was not very helpful but did advise me to contact Smart Parking directly for any resolution and also pointed out that Smart Parking were no longer the contracted to manage the car park. I would now appreciate the kind assistance of our very valued forum members to advice on how to fight this PCN successfully and have provided some relevant pictures from the car park, if this helps construct a solid defence. Thank you.
  15. Hi Guys, Missed a payment 3 months ago so they charged interest and the missed payment fee. Adding the fee took me over my credit limit so they added another fee for being over limit. There is no way I'm going to be able to make a full payment for ages, and a letter today says:- "You'll continue to be charged fees each time you miss a payment or go over your credit limit." Is there any kind of legal ruling regarding fees charged, because if they are going to keep adding them I don't see any point in even trying to make a payment. Thanks Andy
  16. Had a couple of numbers ringing me up but I don't answer as I do not recognise who they are from, could be a [problem], I mean they could leave a message but never do
  17. Hello, Debt Recovery company raised a claim against me. It was dated 24th November. I have acknowledged the claim and ready to contest it . I make CPR request etc but only got a letter that they dont have the documents in their possession but have requested from original creditor. It appears i have missed defence date by few days. Please what can i do? Cheers
  18. Hi there. I hope this post makes sense. I'll try to be concise We bought a used car from a dealer and moved 250 miles away. 20 days later a grinding noise, which may have always been present and mistaken for a sports growl, became so loud that my wife pulled over and called the AA. It was taken to a local garage who had a transmission specialist tear down the gearbox to find the mainshaft was badly worn. The brake discs were also found to be badly corroded. It was the garage's opinion that there was no way this could have been caused in 20 days of driving. And that to a trained ear, the fault should have been noticeable at the point of sale. Total cost of repair £1200 We were in touch with the dealer throughout this diagnostic process. After speaking directly to the mechanic, he sent me an email stating that it was not his fault, that he couldn't tear down every gearbox before sale, and that the damage was most likely caused by reckless driving. He offered to pay about half of the fees, which I rejected and have filed a claim using MCOL. I have documented the damage and I'm the process of getting an independent report based on the evidence I have. My claim is that given the price and mileage of the car, it was not fit for purpose. Because the car was in 1,000 pieces on the other side of the country, I didn't feel it was fair (on the dealer) or convenient for us to pursue my right to reject. Instead I asked him to meet the full cost of the repair. It was the only convenient solution that I could see for all parties. Having said that, I did present both options to the dealer, but as he ultimately did not admit liability, my only course of action was to pay for the repairs and pursue the costs in court. Here is (one of) my questions. By bypassing my right to reject, where does the burden of proof lie in terms of the faults being present at the point of sale?? It is my understanding that by invoking the right to reject within the first 30 days, the burden of proof lies with the consumer and after the 30 days expires, that burden is transferred to the dealer. I essentially bypassed that right, and moved straight onto the right to a repair - but still within the first 30 days!? I have quite a few other questions as I begin to prepare my case, but this is one that is nagging me right now. Any advice, much appreciated. OR... perhaps once it reaches the courts, burden of proof no longer applies, and it simply moves to the balance of probability? (we both provide evidence)
  19. Hi all. A friend of mine has had his DLA stopped because he missed an appointment for a Health Assessment. He knew nothing about the appointment because for some reason they were sending all correspondence to the wrong flat in the house he shares. When someone moved in to the empty flat, the letters were unnearthed. This was unfortunately a couple of days after he was meant to have gone to the assessment. He then recieved a letter (wrong address again) saying his DLA is stopping, and his claim for PIP was denied. All because he never turned up for assessment. He telephoned last month and explained the problem to the DWP, they changed all address details to the correct address, and said they would put it to the claims manager to be dealt with. He was meant to get paid today (if he was still getting DLA) but nothing went in his bank. He has rang them and a rather rude man said it's still waiting for a decision on the claim to be made. A decision was already made as they had sent a letter stopping his DLA, and refusing PIP. But that was not his fault. Should they not still keep paying him his DLA (which he was originally meant to get until the year 2020) until they ask for another Health Assessment? I think it's a bit cruel since they were sending his letters to the wrong place. Please help.
  20. Hi My name is Khadija I have been recently been informed by my dentist due to two missed appointments they have now terminated my dental care. The latest appointment I take full blame as I got the dates mixed up, however my first missed appointment this year was due to an accident I had that made it unable for me to attend. I called to explain why I could not attend and they understood and informed that my first missed appointment will not go against me. I have spoken to the Dental manager who has been looking into the matter and today I recieved an email without a detailed explanation that I now have to look for an alternative dental care. They also sent me a letter stating that within accordance to NHS regulations the surgury can now stop my treatment. I have checked the NHS website and the decision to stop any treatment is the sole decision of the surgry andnot the NHS. Being a patient at my surgury I do not recall ever being informed or having a copy of the surgury's policies. It seems so unfair to me that being with them for 5 years and having all my children at the same surgury the decision to stop my care is very irrational and hasty. Is there anyway I could pursue this further please because it I feel the dentist is more concerned about their numbers as opposed to my health. Please advice and thank you so much
  21. Hi all Our car insurance has charged us £25 missed direct debit fee because there wasn't enough money in our account to cover the insurance payment , this wasn't our fault and as caused by sky,they didn't warn us that our payment to them doubled as our special offer had ended and it clashed with the motor insurance payment. Is there any point in trying to get the fee waived or not. Thanks for any replies
  22. Hi , I heard a legend about something that happened to a friend of a friend: They were stopped on British Rail allegedly without means to pay and intent not to pay, They changed address. Summons Letter went to the wrong address They missed the court date. (A month ago) Only recently. the occupant of previous address notified them of the letter. They have been advised to do the following steps: 1. call the court ask for Statutory Declaration to re-open the case. 2. This will trigger an interview to decide on re-opening and they will be asked for their plea.. 3. Do not submit a plea - but say they want to get legal advice. 4. This will adjourn the case ? This is the bit where the story gets cloudy - does it sound right ? Now its adjourned, they can petition , plead with the rail company to settle out of court and avoid a criminal record? If the rail company refuse then they get one of these 'fare dodger' specialists to help mediate for out of court settlement. Hows that for a story?
  23. Hi there, Hope somebody can help? About a month ago/6 weeks? I was shocked to open a letter of intended prosecution, in relation to an alleged 'speeding offence' where I was caught on camera, doing 38 in a 30 zone. I was also surprised, that the paperwork, indicated that this had been the third notification, that had been sent to me and they wanted me to identify myself as the driver and plea by post - giving a time scale of 14 days or so, to respond. Failing to do so would result on the matter proceeding in Court anyway etc I gathered my thoughts and set about completing the relevant information and signing as required - returning promptly via post. I gave the matter no further thought really. However, to my horror - I have received notice from the Court that it had been dealt with, in the absence of my submission /prosecution papers. They have fined me £811.00 for payment straight away and 6 points on my license. I am mortified - I am in receipt of welfare/disability benefits and cannot afford to pay this money to the Court. Is there anything I may be able to do to rectify this situation, maybe write to the Court that have issued these penalties and explain circumstances and events - in the hope of their showing some leniency and perhaps amending the penalty and allowing me a reasonable time in which to pay this to the Courts? I really don't know where to start? Any hints or suggestions would be most appreciated. Many thanks in advance!?!?
  24. Hiya, I would really appreciate some advice on my specific situation. I have been a member of x4less since may 2015 and have paid my membership by direct debit with no problems until my latest payment (may 2016) I didn't leave enough money in my bank account and the direct debit bounced. My bad . Yesterday I received a letter from Harlands saying they are going to take £9.99 (instalment amount) and £25.00 (admin fee) on 2nd June. I have been reading through the forums and know that these admin fees are not enforceable. What is the best way to go now? I am thinking cancel the direct debit asap. I also now want to cancel my membership. Any advice on the best way to go about this would be appreciated. Thank you Emz87 :)
  25. I purchased for 15,000 euros for a market sales wagon (a Fiat Ducato van, fitted with cooling units, shelves and such). Prior to the purchase I paid for a "car inspection" and purchased the van on the basis of a generally favorable review. However, the review missed the fact that the van was completely rusted underneath. It was purchased 2-3 weeks ago. I do not see how the inspection missed this. As the inspector's request, the van was taken to a garage so that he could see everything underneath (this was expensive as the license plates and insurance had lapsed, so needed to buy for short term transport). It is so rusted underneath, it is requiring 10 hours of welding work. On the report, it is stated that there is minor rusting under edge of one door. Not that the entire thing is completely rusted underneath. For what it may be worth, the garage has taken photos. All this was done in Germany by ADAC (local equivalent AA / RAC). I know that the forum is UK oriented, but I cannot post on the German forums (I speak almost no German) and hope that the advice for the UK is likely applicable to me in Germany. So, is this simply a case of bad luck for me or do I have any legal rights? Thanks for any advice on what I can or should do? Regards, Doug
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