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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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Well after going to the FOS and appealing through hardship, I am back to square one.

 

I have two claims lodged with HBOS for over £7500 in unfair charges.

I have two overdrafts with them totalling £2500 which I have refused to pay and moved banks.

 

HBOS were passing the overdrafts to various debt collection agencies which I called and informed them that the amount was being debated and this debt should not have been passed on by the bank. This usually resulted in the bank passing the debt to another agency and the cycle repeating itself.

 

Well after the FOS got involved they agreed that the bank would put debt collection on hold untill the Supreme court case was over. This has now happened but rather than hearing anything from the bank, the first letter I recieved yesterday was from Wescott DCA demanding £1600 for one of my overdrafts.

 

Where do I stand on this?

What will be their procedure?

Should the bank have passed the debt on without informing me first?

Should I resubmit a request for the unfair charges and inform the DCA that it is under dispute?

 

Thanks

:confused:

Edited by GLoyal

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Thread moved.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Resubmit the unfair charges on the overdraft account dispute. We suspected they might do this... you need to either look at redrafting based on clause 5, as per the sticky, or wait until this hotshot QC gets his fingers on it.

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This was my initial letter. Should I contact Wecott and let them know it's under dispute and I will be reclaiming my unfair charges?

Thanks

 

I wrote to you on 25th of June, 2007, making the original request for a payment in settlement of my claim. As I have not received a satisfactory response. I am writing to inform you I intend to claim the full amount claimed together with interest up to the date of judgment and court fees in the proceedings through the county court.

I refer to default charges applied to my account amounting to £****** , which I have requested you pay back.

The charges total £******,plus as I believe I have been unlawfully deprived of the money I have calculated £******* interest at the statutory rate.

This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs,

I have attached a full schedule of the charges and interest with this document.

I look forward to a full response to this letter within 14 days, otherwise I will commence court proceedings to reclaim my money. I will be pursuing this as a hardship case and hope this will be treated with the utmost urgency

Yours faithfully,

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Hi,

 

You could edit this to suit..............

 

Thank you for your letter of **DATE**, the contents of which are noted.

 

 

I am disputing the total value of these debts with **BANK** due to unlawful and unreasonable charges. As such, therefore, I consider this account to be in dispute and no further action or payment shall be made until this matter is resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

This process may take some time, due to the Office of Fair Trading's test case, but I will try to expedite this issue as a matter of urgency.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

 

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Thanks.

I've edited it. How does this read?

This should go to the DCA, Is that correct?

Should I wait for the new templates to reclaim from the bank?

 

Thank you for your letter of the contents of which are noted.

 

 

I am disputing the total value of these debts with the Bank of Scotland due to unlawful and unreasonable charges. As such, therefore, I consider this account to be in dispute and no further action or payment shall be made until this matter is resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

This process may take some time, due to the recent Office of Fair Trading's test case, but I will try to expedite this issue as a matter of urgency.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

 

 

Regards.

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Hi,

 

Looks ok, yes, send that to the DCA.

We should have the new Templates shortly.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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so the banks are moving pretty quick now they think they have won then, pity we cant get the FSA to put a waiver in for the consumer


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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***Update***

 

Sent the previous letter off to Wescot, recorded delivery.

 

Recieved this yesterday from the Bank. Made me laugh.......nearly. :rolleyes:

 

Should I contact the bank and offer to pay £5 a month on each overdraft to keep the debt with them?

Or would it be best to hold off till the new templates for reclaiming are available?

 

Thanks

Bankoffer_pub.jpg

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so the banks are moving pretty quick now they think they have won then, pity we cant get the FSA to put a waiver in for the consumer

 

Yeh westcrap have been given the baton for a lot of HBOS debts,they seem to have done a blanket mailing.

 

The above advice about dispute is excellent stuff and should slow them down as will letters to the OC and OFT.

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/226753-complaint-about-halifax-new.html

 

Problem is this kind of pond life is going to start down the court route and we need a better ammunition for these reptiles chasing unfair charges.


We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

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I don't want to give them a single penny.

But if paying a nominal sum to each account would stop the debt being sold on till we know where we stand on bank charges I would do that.

I have over 7k in charges on my old accounts. I'd hate those (w)bankers to get away with that AND my taxes. :mad:

 

I've moved to the Nationwide and now do not have an overdraft, cheque book or switch card. It is mildly inconvenient to start with having to work with cash all the time, but no longer do I get tricked into charges.

 

I would advise anyone to get rid of switch/visa/cheques as once you bite the bullet it becomes second nature (again) to only spend what you have in your wallet.

:)

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Any news on the new templates for Bank Charges?

 

:confused:

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Not that I'm aware but if you head over to the bank charges forum there is an interesting idea that interest on bank charges can still be claimed back, regardeless of court case.

 

Should make the bankers choke on there xmas bonus when those letters start hitting the PO Boxes


We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

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Not that I'm aware but if you head over to the bank charges forum there is an interesting idea that interest on bank charges can still be claimed back, regardeless of court case.

 

Should make the bankers choke on there xmas bonus when those letters start hitting the PO Boxes

 

 

Have you got a link to that?

I'm getting nervous that the '40% discount letter' from the Bank is a sneaky way of giving me notice to contact them before the 15th of December.

 

I want to send a letter to the bank explaining that I still believe the charges to be unfair and unjust and intend to pursue these fees through the court.

 

Just not sure how to word it. :confused:

 

Help!!!

Edited by GLoyal

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GL

 

If it was me I would not fall for their ploy. Paying 40% is still much more than you need to pay if you were to get your charges and interest back. Hang on in there - and refuse to go through security with any DCA that rings - just quote the "harassment" letter at them. Don't hang up - let them pay for as long a call as they want to hang on for.

 

I think we will win out on the hint given by the supreme court.


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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