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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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maddog69

refund due on car insurance...they won't pay

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Long story....been with M&S for 3rd year now, unpo renewal of policy i was told it would be £56.00 per month, they sent new policy documents for £91.00 per month. i cancelled DD and called them up. They told me they could not offer the original price as it should never have been offered in the first place. However if i took out a new policy with them they could offer it at £56.83 per month but i would have to pay £98.44 as a deposit. i told them i could not do this but was assured by the advisor i would get a refund for £74.00 in my bank therefore i paid the £98.00.

 

i have called them today as i have not received the refund only to be told there is no refund due because the £91.00 was never paid by me.

 

This conversation was recorded apparently and i stated to the advisor 'you are sure i will get the refund as i have not budgeted for this' she replied 'yes'.....

 

Do i have a leg to stand on even though i never paid the £91.00 to get the refund from???

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I'm a bit confused by your post

 

In your first paragraph you say that you therefore paid the £98.00

 

In the second paragraph you say that the £91.00 was never paid by you

 

And in your final paragraph you ask if you have a leg to stand on to get a refund even though you never paid the £91.00

 

If you didn't actually pay the sum please explain why you think you are entitled to a refund.

 

Mossy

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Sorry, the £91.00 was for the renewal of the policy, i cancelled this direct debit as i was not going to renew the policy at this price.

 

The £98.00 was a deposit for a new policy they told me i could take out for £56 per month instead of the one at £91.00 per month. That is when i told them i could not afford the £98 as i had not budgeted for it and the advisor clearly stated that i would get a refund for £74 from the original £91 even though i told her i had not paid £91 in the first place because i cancelled the DD.

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Sorry, the £91.00 was for the renewal of the policy, i cancelled this direct debit as i was not going to renew the policy at this price.

 

The £98.00 was a deposit for a new policy they told me i could take out for £56 per month instead of the one at £91.00 per month. That is when i told them i could not afford the £98 as i had not budgeted for it and the advisor clearly stated that i would get a refund for £74 from the original £91 even though i told her i had not paid £91 in the first place because i cancelled the DD.

 

If I've worked this out correctly then you didn't renew your old policy because payments were going to be increased to £91 a month, so they offered you a policy at £56 per month providing you pay a deposit of £98.00.

 

You wanted the policy at £56 per month and therefore paid the £98.00 deposit to get this policy and now you want a refund of £74 out of the £98.00, but you still want the policy to continue at £56 per month.

 

I'd say that you were NOT entitled to a refund from the insurers, however, if the advisor told you anything different then take it up with them, and if you have a copy of the recording then use that as proof that you were told you would get it back.

 

Mossy

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Thanks Mossy,

 

I have asked them for a tape recording which they said they will provide. i know i am not entitlted to a refund but only found this out today as a 'team leader' took the time to explain everything. But i think i should have some kind of compensation as it was not explained clearly in the first place and i would have done without driving the car until i was in a better position to pay for it.:x

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Also, when you say you cancelled the direct debit, do you mean you did it directly through your bank or through the insurer?

 

I believe that cancelling a direct debit without going through the person/company you have the DD with, it could affect your credit rating.

 

I can't say much with regards to the refund issue as I don't understand what you've put lol :D

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You haven't got a hope in hell!

 

You are asking to be refunded £74 even though you never paid the money in the first place!

 

As for compensation - forget it. When you pay by DD, payment requests are lodged with your bank in advance of the date that they leave your account (usually 3 working days). When you then call a company, their systems will show that they have gone in for your payment and at that stage it would not have cleared. This means that the operator would have been giving you correct information at the time, but subsequently your payment 'bounced' as you had cancelled the DD.

 

I think that you know this really and you sound like a bit of a chancer.

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