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    • Post Office worried about optics of employing 'aggressive' City firm in Bates litigation, hears public inquiry | Law Gazette WWW.LAWGAZETTE.CO.UK General counsel Jane MacLeod said City firm would make Post Office seem like corporate bullies.  
    • Hi All Could really do with some advice whislt return from a stressful hospital visit to my mother i was caught speeding doing 46 in a 40 mph limit, i should have known better i knew the camera was there but visit was very stressful and i switched off, totally my fault the date of the speeding was 13/11/2023 so by the time i received the letter i accepted my indescetion and filled in all the required details on the 20/11/2023 having a clean license hoping  to the speed awareness course. With all still ongoing with my mothers ongoing illness i left it at that and waited on reply but i did not receive anything until 01/05/2024 when i received a return to sender letter with the NIP opened inside and ta sticker with a tick on refused, on 02/05/2024 i then received a Single notice procedure in the post for the speeding and failure to provide information i need to reply asap now because with everything going on i not sent back i have 21 days and can plead online but my question is what do i do /fill in on the form i have not had this before and it's very stressfull on top of everything else going on. i really do not feel as if i have done anything wrong (i have checked everything on form and the address and sent well within timescale) but now i face filling a form in of which i have no idea and do not now what to please either, i will have to fill in the online form soon or will pass deadline so any advice would be greatly appreciated
    • I guess I just have to wait and keep my fingers crossed then that the judge sees them for what they are and strikes it out!  It’s really unfair that these solicitors are allowed to miss deadlines and still get permission to proceed. Like I said, they did exactly the same trick on the set aside hearing! 
    • urban myth sadly. it is only written off on their books and as they say, a balance still, legally, does exist. you most probably didnt owe the whole balance anyway as unlawful penalty fees and the the interest they accrue typically inflate a debt to a much greater level. your saving grace here is this was to the original creditor and the fact you've had a default notice sometime vack? so regardless to whatever happens, the debt will vanish from your credit file on the DN's 6th B'day. though that doesnt mean a debt is still not owed and that it wont be sold on. just keep that letter from BC safe. dx  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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'valid' reasons for credit card interest rate alterations


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You could also send your explanation in to the CRA and they have to publish that too - if for instance the accounts were in dispute because you did not agree with the balance due or interest charges or any mis-sold PPI that would at least present a reasonable explanation and a balance to it -

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You could also send your explanation in to the CRA and they have to publish that too - if for instance the accounts were in dispute because you did not agree with the balance due or interest charges or any mis-sold PPI that would at least present a reasonable explanation and a balance to it -

 

 

I'm sure that a CRA will insert a notice of correction for upto 28 days. That means the person holding the account must make a responce within that time - adjust, deny or confirm changes. Once done the NOC will be removed. I don't think there's a facility for you to attach notes with no time limit.

 

Michael

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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Hi there ! I mean 'unenforceable'' the recent case with Royal Bank of Scotland and McGuffrey recently where the borrower had never made any payments under a loan agreement and he sued via his claims advisor on grounds he could not be defaulted if agreement was unenforceable - judge held that even if the agreement is unenforceable the debt is still there and thus can be reported to the CRA's. It is potentially unfair and much depends on having good credit rating. I have a mortgage so as long as I can keep up with that I don't need any more credit my job now is to hang onto what Ive got. It sounds a tough situation arising in your case can you get help somewhere or a housing association place ?

 

I'm not sure why everyone is so upset by the McGuffick verdict.

 

The case was about an enforceable agreement that became unenforceable only whilst RBS located the agreement and then subsequently whilst the bank refused to supply the required account statements in order to precipitate the hearing.

 

Of course the creditor had a right to issue a default. The debtor had not paid for 8 months against a totally valid loan account.

 

The idea an unenforceable agreement becomes completely void once declared unenforceable is also not right. It simply means (in this case at least) the creditor cannot enforce an otherwise valid agreement.

 

The judge himself in the case admitted it had little value as a test case entirely because of the very particular circumstance under which it arose, i.e. a temporarily unenforceable agreement.

 

As far as the Supreme Court judgement yesterday. I'm afraid again I have to agree with the judges. All they have stated is that the OFT cannot look into the unfairness of prescribed and published unauthorised overdraft fees because they are not separately agreed as part of a contract, they are "part of the price paid by the customer for the banking services provided."

 

The judges even suggested the OFT had "other avenues" open to them to fight this case.

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