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    • Dear Man in The Middle   Actually I should be thanking you   I have been impressed by your kindness your professionalism and your prompt reply   I very much thankyou for your thorough reading through my case and pin pointing every point   I was thinking of appealing the fine aspect of the sentence but you have made everything much clearer and it makes me feel better     Cant thank you enough for being so helpful and may you be blessed
    • HB.    What's wrong with" Girl done good"?  Not tripped over one of those politically correctness bumps have I.    We say, " boy done well or good", dont we? perhaps, well I do. Oh dear.   Apologies wherever necessary.
    • Hi    yes i already have -    the agreement  Notice of assignment  statement - but not fo complete period  2006-2016, and this is just printed on plain paper      So i will just request the Default notice and full statement on the CPR Form 
    • Thanks for the feedback. A couple of comments:   1. Before Magistrates arrive at court they have no idea what sort of offences they will be dealing with or who they will be dealing with.  They are given a list of defendants and the charges against them on arrival and that's it. Their Legal Advisor (the person sitting in front of them and facing the court) runs through that list before the court begins, but only to point out anything unusual or anything in particular they need to know. In a traffic court there is not usually anything to tell them. They have no papers given to them about any of their cases (except occasionally when dealing with trials or probation reports) until the case is called on. They rely on being provided with any papers they need by either the prosecutor or their Legal Advisor..   2. Your fine is based on your weekly net income and no account of expenditure is normally taken. It is asked for so that, should the defendant ask to pay in instalments, some idea of how much per week or month he can realistically afford can be gained. Actually, your fine was not harsh. On the contrary you were treated rather leniently. The guideline fine for 76 in a 50 is one and a half week's net income. £6,200 pcm is £1,430 pw. So your fine should have been £2,145. Your guilty plea would knock it back to £1,430 - one week's net income, as I mentioned in an earlier post. In addition to that you would pay £143 in the form of a "Victim Surcharge" and £85 towards prosecution costs - so £1,658 in total. Had you pleaded Not Guilty and been found guilty at trial (a near certainty from what I remember you told us) not only would you have lost the discount on your fine but you would also have paid £620 prosecution costs. A conviction following a trial should have cost you £2,145 (Fine) + £170 (VS) + £620 (Costs) which equals £2,935 (the maximum Victim Surcharge for offences committed before 28/6/19 is £170).   Other than that I'm not surprised they asked why you would prefer a ban instead of points and even less surprised that they chose points over a ban. I doubt your presence made any difference at all (which, again, I suggested earlier that it probably would not). Sentencing for speeding is very prescriptive and there is rarely any mitigation or other factors surrounding the offence or the offender which would significantly influence the outcome. Speeding becomes a very expensive business when cases come to court, especially for those on high incomes and very often a "view" is taken by the Magistrates that the calculated fine is a "bit steep". That's probably why you were cut some slack.   One other point which will probably upset you more than help (but which I think it is important you are aware of). Had your recorded speed been just one mph lower you would almost certainly have been offered a fixed penalty (FP) of £100 and three points. FPs are normally offered up to 49mph in a 30 limit, 65 in a 40, 75 in a 50, 85 in a 60 and 95 in a 70.   Thanks again for the feedback.
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soslanza

BMS letter

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I have been advised to come to this forum for help. A relative has received a letter to her address but in my name from BMS Ltd. The letter is dated 23/11 starts with ref, o/s bal and county court claim No.********

Technically I have not received this letter because it did not come to where I live.

 

The letter says they are writing to advise me that there is an outstanding balance due under the account barclayloan - ***********

 

Notice of assignment

Blah blah bla that you had with barclays banl plc, ref********** has been assigned to HLCF ltd by an assignment dated 29/05/2007. All future payments that you make in respect of this agreement must be made to BMS Ltd. BMS has been insructed by HLCF to recover the debt and you are agents of HLCF.

Demand for payment

Please contact blah blah blah.....

Should we not hear from you within 7 days we no option to take further recovery action blah blah blah

 

1. I have had not contact with BMS or HLCF ever

2. Never had a barclayloan that was not paid back in full, have no outstanding loan as far as I am aware.

3. Had small amount on overdraft not paid back in 2003 nothing since

 

Help what do I do about this, was not in his country for 6 years, moved away from Oct 2002 until May 2008. Should they be sending letters to elderly family relatives?

At a loss to were to begin. I am a student with no income, no student loans and supported by my husband, who is repaying a debt to Link which we can hardly afford. My husband is a low wage earner since moving back to uk. We are in rented property, have no credit cards.

 

URGENT PLEASE

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Send them letter 18 from the link below by Recorded Delivery -

 

The Consumer Forums - Debt collectors


 

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This site is run solely on donations.

 

You can make a donation

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thank you for your advise and I will do this. I am right that if this company continues to pursue my relative that is classed as harassment and they can be reported?

 

I think this debt stems back to an overdraft with Barclays for £1,500 and the last transaction with Barclays was May 2003, I have not used this account since. BMS are saying this is a Barclayloan which I have never signed for is this fraudulent for them to say this?

 

Because the debt is now 6 years old is it now classed a statued barred?

 

Could someone clarifly these issues, just so that I know where I stand:roll:

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Yes it would be classed as harrassment and reportable to Consumer Direct, Trading Standards, Office of Fair Trading and the Financial Ombudsmans service.

 

If a debt is older than 6 years, it would indeed be Statute Barred.

 

You may wish to add some of the points from letter 2 in the earlier link to your letter.


 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

HERE. Thank you.

 

Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thank you, I will when I can afford to make a donation to this very helpful site:D

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