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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.
    • Thanks, they have just emailed this to her.   IMPORTANT - YOU SHOULD READ THIS CAREFULLY   DEFAULT NOTICE under Section 87 (I) of the Consumer Credit Act 1974   This is a Default Notice served under Section 87(1) of the Consumer Credit Act 1974.   In breach of clause [3] of the Agreement, reference XXXX, you have failed to pay the monthly instalments which fell due on 31-10-2019 on time and in accordance with the terms of the Agreement.   To avoid further action, please pay the arrears to us, which total XXXX by 04-12-2019.   If the action required by this notice is taken before the date shown no further enforcement action will be taken in respect of the breach.   If you do not take the action required by this notice before the date shown then the further action set out below may be taken against you.   If you fail to pay XXXX on or before 04-12-2019, we will enforce our rights and: Send you a letter terminating your Agreement; Demand you pay the balance due under the Agreement to us; Report your default and non-payment to credit reference agencies; and Issue legal proceedings and request Judgment for the balance due under the Agreement. If the arrears are not discharged and the Agreement is terminated, you must make payment of the balance referred to above as a lump sum. If that lump sum payment is not made on 04-12-2019 balance will be recalculated as at the date when such payment is actually made or to be made. In your own interests, you are strongly urged to contact us by telephone on 0203 757 1933.   If you have difficulty in paying any sum owing under the Agreement or taking any other action required by this Notice, you can apply to the Court which may make an order allowing you more time. You should be aware that if we take you to Court and get a Judgment against you requiring you to pay us the money you owe us under the agreement, you may have to pay us both the amount of the Judgment and interest under the agreement on all the sums owed by you at the date of the Judgment until you have paid these in full.    If you are not sure what to do, you should get help as soon as possible. For example you should contact a solicitor or your local Citizens' Advice Bureau.   This notice should include a copy of the current FCA's information sheet on default. This contains important information about your rights and where to go for support and advice. If it is not included, you should contact us to get one. If you would like to speak to us to discuss your arrears or the content of this notice, please contact us on 0203 757 1933   We look forward to hearing from you. Yours Sincerely,
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sapper243

van Hp Agreement, possible forgery

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I would like to ask for your help with a van that got handed back after I had to close my business. At the time of taking out the finance I had to get a silent partner to do the finance because of my poor credit history. I had the van for nearly two years( of a 5 year agreement) and had to give it back to the finance company as I was forced to close my business due to the recession. I ask for an assurance that the van would not be sold for less than book price as my silent partner would be liable for the balance but to my surprise the finance company told me that they would be coming after me!, I asked why that was as I had never signed any agreement, the finance company then produced a copy of the finance agreement with what looked liked my signature on it. Now, I asked if I could keep that copy of the agreement and the lady from the finance company said I could, I then proceeded to tell her that I would be contacting my solictior for advice on what appears to be a forged signature. I expalined that due to my poor credit history I would be unable to get a packet of smarties on tick let alone a £20K merc van. I told her that the merc company would of had to do a credit search on me first and other documents would of had to of been signed and etc, there is no record of any search or finance agreement with the finance company on my credit file, I have been to see my solictior and he has told me that it is a criminal offence and I should report this matter to the police but I am looking for a settlement that will be in my favour, i.e the van back or financial compo. Can you please advise on how to proceed?

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Get your friend to do a subject access request on the finance company. Also get him to check his cra files and check your cra files

 

see what all that brings back

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Thanks, As the Finance company are stating that it is only me they are after I will forward an SAR, I have checked my credit file with experian and there is not even a search from the finance company ref the van, and def not a HP agreement for £20K, we did write off to the finance company 4 months ago and asked for them to clarify their postion but to date I have recieved no reply. I am 99% sure they have screwed up the paperwork and are now trying to ignore me. I had been paying £420/month for the first 18 months out of my business account, then when the business closed they harrassed me to no end. Do I have any redress?

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For A Start

Was Yours A Ltd Company

 

YOU NEED TO CHECK WITH ALL THREE CRA

NOT JUST EXPERIAN

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Thanks, As the Finance company are stating that it is only me they are after I will forward an SAR, I have checked my credit file with experian and there is not even a search from the finance company ref the van, and def not a HP agreement for £20K, we did write off to the finance company 4 months ago and asked for them to clarify their postion but to date I have recieved no reply. I am 99% sure they have screwed up the paperwork and are now trying to ignore me. I had been paying £420/month for the first 18 months out of my business account, then when the business closed they harrassed me to no end. Do I have any redress?

 

well if its not your debt then they cannot chase you and if the paperworks in your name then they clearly dont have the originals do they to chase you mate! On balance if you dont involve your mate in the discussion then they have nowhere to get his name from do they

 

You have a number of options starting with doing a SAR on the finance company OR doing a CPR 31.16 pre action request for documents (similar to a SAR and enforceable by court order) OR going to the Police and making a statement - I would leave this as a 'deal clincher' threat later on, really all you want them to do is sod off. Personally I would do the SAR's or CPR 31.16 and maybe you should write to them as part of your SAR and say I am doing this because I did not sign the agreement and before I go to the Police I want ALL the info you have on me.

 

If all you say is true one way or another you should be able to scare them off.

 

As posty said were you sole trader or ltd?

and who's name was the V5C in?

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My company was set up as a sole trader not a ltd company, but the V5 was in the company name. That was another mistake by the finance company. Do you think I could ask for the van back? or even going to the finance company to say that I want compensated?

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My company was set up as a sole trader not a ltd company, but the V5 was in the company name. That was another mistake by the finance company. Do you think I could ask for the van back? or even going to the finance company to say that I want compensated?

 

 

so you were john aardvark t/a aardvark builders or the like and the v5c was aardvark builders.

 

I think that on top of wanting to get rid of the gap debt you are getting greedy! How much was the gap debt that they claim you owe and what have they done so far about getting the money out of you?

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ok, I understand then point that you are making, but let me make two points. 1. If the shoe was on the other foot do you think that RBS would just drop the matter?

 

2. If someone fordged your signature on a document for £20k would you just look for the matter to be dropped and forgotten about?

 

The hounding that these guys have given me is unreal and now thatI have got them bang to rights the choose to do what.....ignore me.

 

I suppose I should be happy and accept the high court ruling on bank charges as well? The people are having things all there own way and sticking the two fingers up when we fight!

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Hi Guys, Just recieved a copy of the alleged signed CCA, this is def not my signature! No mention of this agreement on any of the CRA, I traded as a sole trader but the CCA is made out to the company name with the company address. Should I contact the finance company or the garage who did the paperwork to see if a compromise can be arranged, I handed back the van on a vol basis after presure from the finance company but what I would like to know is, can I ask the finance company for the van back or do I have a strong enough case to bring it to court? Should I first speak to the garage who sold me the van as it was one of their employees that forged (Alledgely), the same person who signed the bottom of the CCA on behalf of the garage looks to have the same hand writing as my (alledged) signature.....Please help, if it is the case that I can get the van back then I will be able to hopefully get employment again.

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Sorry Guys, I forgot to mention that I did get a solictor to draft a letter asking for them to clarify the whole situation as on the face of it, it looks like an unenforcable agreement but it has been 3 months now and I have recieved no reply, I can supply the letter and the copy of the CCA if required.

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When You Checked Your Credit Files

 

Under The Searches, Was A Search Listed For This Credit Application

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Well You Have Them By The Nutts

 

Seems Some One At The Garage Has Been Doing Some Creative Accounting

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Everything that is attached to me! If you were me what would you do? how would I approch this and who would I approch first, The garage or the finance company?

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I have already written to the finance company and they have failed to acknowledge or reply to my letters. I would like to know how to proceed with this, I dont want to let them off the hook as they completely harrased me right up to the moment were i pointed out that someone had fordged my signature. I want to see this thing through to the end an will post my progress on this thread, I will also donate a percentage of whatever money is recovered if any. I am thinking is it possible to ask for the 23 months payments that I made on this agreement or should I ask for the van back? Dont know how to proceed from this point? HELP!!!!!

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Thanks mate, Things are very tough at the moment and could do with some motivation to beat the BIG MAN

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I have tried again to get some kind of answer from the finance company but I think they hope I will go away?

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