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    • I hope the Copper room has lots of space for the filing cabinets.    None of this in anyway smells funny at all l mean 68 company's with only some dissolved. 
    • @Man in the middle Thank you so much for the comprehensive information, this is super useful!    I'm just as confused as you, There were some other papers that he mailed back with his plea. I  read them, the officers statement was on there ... from what I can remember, the officer stated that my brother "had changed lane twice without giving proper time or indication" the papers did not mention speeding or anything else...    It doesn't help that the car he was driving (belonging to the mechanic) has a custom exhaust installed ... I'm not sure if this had anything to do with the officer being wound up... My brother said he "had it in for him" ... do you think the judge has seen the video? or is this judgment solely based on the officers statement?    Furthermore, My brother is adamant against a guilty verdict ... do you think that reduced the chance of this case being reopened?    As for the fine, they are already taking money from his universal credit which is effecting his life in a great way  
    • Looking at the sentencing guidelines, the sentence, on the face of it, seems harsh – and a little confusing. From your description the offence seems at the lower end of seriousness. There are three bands of seriousness mentioned in the guidelines. From the least serious, the suggested sentences are:   A fine of half a week’s net income, and 3-4 points A fine of a week’s net income and 5-6 points A fine of a week and a half’s net income and 7-9 points (or a disqualification).   The sentencing guidelines are here:   Careless Driving (drive without due care and attention) (Revised 2017) – Sentencing WWW.SENTENCINGCOUNCIL.ORG.UK     From your description I can see no aggravating factors to push the offence up from the lowest band of seriousness.   The sum he has been ordered to pay is based on the highest fine – a week and a half’s income. Let me explain how I have deduced this. As well as the fine, the court will also order prosecution costs (normally £90) and a “victim surcharge” of 10% of the fine. When the court has no information about a defendant’s income a default figure of £440 per week is used. So, he will have been ordered to pay 1.5 times £440, so £660 by way of a fine, £66 Victim Surcharge and £90 costs. Total £816, as per his notice. The fine indicates that the court viewed the offence in the top band of seriousness.   The confusing thing is the points. If the court considered the offence at the top of the seriousness range, he should have received at least seven points, not six. He has also been sentenced on the basis of a Not Guilty plea (which is again the default when no plea has been entered). This means he did not receive credit for his guilty plea. This is normally a discount of one third off the fine (but not the points).   So much for an explanation of what’s happened. What’s to do? He faces some considerable difficulty here because of the length of time elapsed between his conviction and now. His only option is to ask for a court hearing to have the matter reopened.   He should be aware that the court is not obliged to agree to this and may not do so in view of the time elapsed. When making his request he should do so on the basis that the sentence does not seem to comply with the guidelines on two counts: (1) he should submit that the offence is at the lowest end of seriousness and (2) the sentence is inconsistent with the guidelines anyway (discrepancy between points and fine).   He also needs to contact the fines office as a matter of urgency. I am surprised he has not already faced one of the sanctions they mention by now but he needs to let them know he is asking for his case to be reopened. Once again, in view of the time elapsed, they may continue with their normal enforcement process anyway.    If he had dealt with this promptly it is my view (provided the court sees the offence at the lowest end of seriousness) he should have face a fine of half a week’s net income, reduced by a third for his guilty plea, a 10% victim surcharge (minimum £34), £90 costs and three points. That is the ideal outcome he should be looking for but, as I said, the court may not agree to reopen the matter at all. If they do, he may find his full discount for a guilty plea is reduced due to his tardiness. Do let us know how it goes.
    • Agree with Trevor Kavanagh, that the UK cannot afford a Government that is totally split and unable to take the decisive action required.   Government should act on energy price rises by directly providing additional money to help reduce bills.  The £400 announced so far would not be enough.   Reduce the VAT on domestic energy to 0%.   Universal Credit and other benefits need to be increased back to the level provided during Covid as a minimum.   Fuel duties should be cut.   Offer incentives to use public transport by paying subsidies to bus and rail operators that they need to pass on, to reduce fares.    Urgent action required,  Cannot wait until September for emergency budget.    
    • You wanted Boris out and not to interfere in government until he left   Again, I wanted him to go immediately.
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All Monies charge - mortgage?


ken99
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I have a problem with Natwest One (really a brand name of the RBS One account). I am facing reposession and need legal help but can't find anyone to help me as all the solicitors I have spoken to say they have no experience of this kind of account.

 

I had a "normal" mortgage account with Natwest for some years but my manager persuaded me to change to a "Natwest One Account" which I did 4 years ago. This is an account where all savings, salary and mortgage go into the same account and it is supposed to save money.

 

To cut a long story short, I wasn';t able to pay my mortgage for some months and they went through the process to reposess the house. The banks solicitors sent me a letter asking me to put forward a proposal to pay off the arrears, which I did, but they also said they would ask for a possession order anyway. I went to court where the judge gave them a possession order and said said that "since this is an all-monies charge he has no powers to order the bank to do anything and can do nothing except grant them the order". This was a shock to me as I was expecting to be able to come to an agreement at the hearing but the judge insisted that this wasn't a normal mortgage account and he could do nothing.

 

On the paperwork sent from the court and even on the bumf they sent me it seems to refer to it all as a mortgage and this is what I reasonably believed I had.

 

I have explained my situation to several solicitors already and they say they haven't any experience with this kind of account and so can't help. Has anyone got any ideas or contacts?

 

If it isn't a mortgage and so I don't have any rights then I wonder if the fact that they charged me thousands in bank charges and this led to this situation can be used as an appeal?

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have you the agreement you signed and the details of the contract there could be several possibiloties even that you have been misold but is the loan must be sercured on your house so i think you neeed to find out about your rights on scured loans apart from that I used a very good contracts barister to give me advice on our mortgage contract

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  • 4 months later...
  • 3 months later...

I am going through the same thing and contacted the mortgage and debt hlepline, as our mortgage is also an RBS one account. They charged us £495 ands sent me to court to be told when i got there that there was nothing they could do. At least you got told before you paid out alot of money. Do not go to the mortgage and debt helpline its a rip off, especially when your already struggling with your mortgage payments!! We are now being evicted on 6th October 2008 and have to private rent for a while. Your best option is the citizens advice bureau who wont charge you and may be able to arrange a new payment plan with rbs.

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I am going through the same thing and contacted the mortgage and debt hlepline, as our mortgage is also an RBS one account. They charged us £495 ands sent me to court to be told when i got there that there was nothing they could do. At least you got told before you paid out alot of money. Do not go to the mortgage and debt helpline its a rip off, especially when your already struggling with your mortgage payments!! We are now being evicted on 6th October 2008 and have to private rent for a while. Your best option is the citizens advice bureau who wont charge you and may be able to arrange a new payment plan with rbs.

 

 

Hey there raven. If you post on the Repossesions forum and start a thred on there you can get ALOT of help on there to defend your repo to give you more time if you like. Trust me they have helped me defend three this year alone.

 

Olives xx

Next Directory £215 NO CCA ***WON***

 

Littlewoods Visa*** WON ***

 

Littlewoods evenmore£496.47 COURT CHARGES£296.84 PPI £575.52

Littlewoods LX £0.00 COURTCHARGES £327.68

Choices for you S.A.R owe £362.02

Additions Direct £1400 NO CCA

 

HUBBY

Bank of Scotland Prefernce account £296

Capital One £300CHARGES£1135 TAKING COURT ACTION

 

also owe big to

Bank Of Scotland £10000 sending cca reqest

British Credit Trust £6000

 

Fighting For Family

MUm,***WON ***Barclays for hardship just need to get the last little bit. Chasing LLOYDS TSB for hardship

Bro, HBOS PPI mis selling ***WON***

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  • 7 months later...

Did anyone involved in all monies charge repo find a specialist solicitor? I am looking for one and finding conflicting advice as to case law. Seemingly there are rights for all monies charges to be treated the same as other mortgages except in the case of overdraft accounts but even then there are rights

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