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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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jetli

First National PPI

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Me again!

 

Sorry another one for you! Got a loan with First National in 2004 for half of the payment to replace windows and doors with Anglian. I was told that if I took out there PPI up front I would be entitled to a substantial reduction. The quote went down by about £4000! So paid upfront £991.00 PPI. Again once I looked at the cover it said it only covers accident or death!

 

This one goes to court next week for a charging order:shock: as it is now with Link finacial. The interest rate was 19.4% due to end in 2012. Basically I have paid over £10000.00 and they are after the rest which is £7500.00. They did get a CCJ but I have fallen down on payments hence the file for a charging order.

 

I just need to know what to say to the judge as I think this is so unfair. They are charging me now roughly £93 per month interest and this remaining amount would be made up of the interest left! The CCJ ordered us to pay £45 each a month so technically with them adding £93 per month I would never pay it off.

 

HELP

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you only need to pay what the ccj wants

 

they cannot split a claim.

 

and get that PPI back + interest

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Subbing

 

Similier position to you, although a long way behind.

 

Took at a loan with FN and was told I had to take PPI because I was self employed, started a mis sold ppi claim with GE but they said sorry not our responsiblity take it up with the glazing company.

 

Whilst I did that and waited a reply from them GE immediately 'sold' the debt to Link how went straight ahead and issued court summons, which is being defended.

 

Under CPR disclosures I have found out that not only are GE responsible for the PPI but they also paid secret commissions, which I am researching as I am told it could void the agreement.

 

Beachy

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well done beachy, you've got 'em

typical responce from GE [now setander?]

 

they wil do anything to bump resp

 

go get 'em

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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if you can scan and post on here your credit agreement for the loan and let the forum experts have a look.

You first of all need to ensure that the loan agreement was correctly laid out with all of the prescribed terms and that the numbers add up regarding interest.

 

Again it sounds as though the PPI is not worth the paper it's written on.

I'm no expert on CCJs but if judgement has already been passed and you are now behind with your payments, have you tried to arrange to pay your agreed monthly payment, plus say £10 to start covering your arrears?

 

If it goes to court you can use the cr@ppy PPI as part of your defence, how were you supposed to claim on such a useless policy when you needed to? You no doubt will have been paying interest on top of the PPI which will have helped to inflate to amount you have had to pay back from the original loan.

 

Sorry I'm not more helpful....:-|


9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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Thanks dx,

 

With regard to the ppi issue I recommend the OP files a PPI complaint with FN/GE and wait until the final response or eight weeks then report them to the FOS.

 

I have spoken to the FOS, firstly they said they couldnt help because FN/GE & the glazing company werent regulated - HOWEVER the insurance provider (Pinnacle) WAS/IS regulated, to which the FOS said they would take on the complaint as in their words they'd want to know why a regulated company was allowing an unregulated company to 'sell' their insurance products, early days yet but looking hopeful.

 

Beachy

Edited by beachcomber60

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So as said going to court about this charging order on the 16th December, what should I go armed with? I know you said about the PPI but what else to stop them getting the charging order final.

 

Getting abit confussed as there is someone else in need on this thread! Thats ok though:)

 

I will scan the agreement up tomorow what is the best way to do it? is it photobucket?

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So as said going to court about this charging order on the 16th December, what should I go armed with? I know you said about the PPI but what else to stop them getting the charging order final.

 

Getting abit confussed as there is someone else in need on this thread! Thats ok though:)

 

I will scan the agreement up tomorow what is the best way to do it? is it photobucket?

 

Jetli,

 

Please dont have the impression that I was using your thread to receive help & advice for my own case, I wasn't - I posted in support of you & and to highlight the issues I have with both GE & Link and perhaps give you some pointers in fighting back against them.

 

I do have my own thread on the subject.

 

Beachy ;)

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Like I said that is no problem so pleased I found this wonderful forum

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yes use photobucket, take a photocopy first, then remove your personal information from the photocopy, then scan.

 

Sorry for asking but how did you end up with a CCJ in the first place?

Did you fall behind with your payments through sickness, redundancy? Or were you self employed and the PPI did not cover you?

Sorry for all the questions, it's just it makes it easier for others to help you when they know the full circumstances.

 

As far as I'm aware a charging order (if granted) will require you to pay the debt in question should you sell your house. I don't think it's common practice for a county court to force you to sell your home just to appease a creditor.....

 

have a quick read of this

Enforcing judgment


9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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Husband is self employed so everything is has got in arrears and I mean everything

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Husband is self employed so everything is has got in arrears and I mean everything

 

if that is the case IMHO you should never have been given a CCJ in the first place :mad:

 

If by being unable to claim on a PPI policy when you needed to has caused you to be first defaulted, then a CCJ being registered, I would be going in with all guns blazing, demanding to know why you spent good money a sh*te policy, but that's just me :rolleyes:

 

You need to be asking some questions, now. ASAP make an official complaint, can you apply to the court for more time as new evidence has come to light? The bl@@dy banks use this excuse all the time!


9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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Hope so will try and get more time but having been to court before with debts they only allow you 10 mins. But when I have been with link over this one before they did not attend!

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Hope this works! Here is the link to the copy of the agreement

 

Sorry next post!

Edited by jetli

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Hope this works because I could not work out the link form photobucket so have PDF it instead.

 

Here is the copy of the agreement

scan0005.pdf

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If OH was self employed then start a mis sold ppi complaint with FN/ GE they will tell you that they weren't responsible and tell you to write to the glazing company - this is utter tosh, they ARE responsible.

 

If you can get hold of it, you need a copy of the underwriters signing off sheet for when the loan was approved - it will probably show 'secret commissions'.

 

If you havent already done so I'd recommend you give angry cat a shout, helping me with my thread against Link.

 

Beachy

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If OH was self employed then start a mis sold ppi complaint with FN/ GE they will tell you that they weren't responsible and tell you to write to the glazing company - this is utter tosh, they ARE responsible.

 

If you can get hold of it, you need a copy of the underwriters signing off sheet for when the loan was approved - it will probably show 'secret commissions'.

 

If you havent already done so I'd recommend you give angry cat a shout, helping me with my thread against Link.

 

Beachy

 

Thank you but 2 questions! How do I get hold of the underwriters signing off sheet and how do I get hold of angry cat:?:

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I'm not sure whether this link will work, I'm using my mobile browser.

 

You can post on this thread (its a good read into complaints about Link) and ask ac to look at your thread or click on her user name and send a pm.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/222298-complaints-link-financial.html

 

As far as the signing off sheet ask GE for it or if Link is taking you to court ask them.

 

I didnt ask Link, they sent it as part of court discloures. Nowhere in the agreement does it mention commission will be paid & it wasn't in my SAR, I have been tol that it could void the agreement, still researching the subject & seeking clarification.

 

There is a thread running on that subject as well, I'll have a quick look and try & post the link for you - its another fascinating read.

 

Beachy

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Went to court today as Link wanted a charging order instead of there CCJ and thought I would let you all know that the Judge adjorned it because they had been charging me 21.7% (as said in my recent thread) around £100 per month. She was shocked as they should not charge interest on a CCJ! Told me to make sure I continue with the good advice I seem to be getting (Thanks to this forum). To me this is Fraud is it not! Not just against the CCJ bu me too? Along with a misold PPI. What do you think?

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Went to court today as Link wanted a charging order instead of there CCJ and thought I would let you all know that the Judge adjorned it because they had been charging me 21.7% (as said in my recent thread) around £100 per month. She was shocked as they should not charge interest on a CCJ! Told me to make sure I continue with the good advice I seem to be getting (Thanks to this forum). To me this is Fraud is it not! Not just against the CCJ bu me too? Along with a misold PPI. What do you think?

 

what has the judge asked you to do now?

Did they ask you to contiune paying the original monthly payment as agreed with the CCJ?

 

I would get straight onto your PPI complaint, get the ball rolling ASAP.

 

I'm sorry I'm not more help on the CCJ front, but I thought that once a judgement had been made, you only had to repay the amount owed, as agreed with the court. I do not think they are allowed to add interest on.

 

I'm sure someone else wil be along soon with some real legal advice, well done for today!

 

Birch :)


9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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No mention of carrying on paying CCJ at the moment

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