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    • Hello I hope someone can give me some advice here, as I am at a bit of a loss on how to proceed. This relates to alleged offences under the RTA. Yesterday I received a notification from the local police of intention to prosecute for the following offences: 1 driving without due care and attention 2 failing to stop at a road traffic accident 3 failing to report a road traffic accident At this stage they have only asked me to say whether I was the driver at the time or not and provided a blank sheet of paper to give information about the incident. Going by the location (just round the corner from where I live) I can only imagine this relating to one recent incident, which wasn't actually an accident but more of a road rage event. I was driving past someone unloading or working next to his lorry which had stopped in the road. I wasn't going fast or anything, while I went by lorry man turned around and punched and kicked my car whilst going past him. I stopped and got out and wanted to know what he thought he was doing punching and kicking my car. He then hurled some verbal abuse at me, swearing and he was quite aggressive. I still didn't know what his problem was and said I would report him to his company for threatening behaviour and vandalism for punching my car. I got my phone and tried to take a photo of his lorry and number plate but at that moment he came right at me, still shouting and swearing, so I was worried he may hit me next, as he already punched my car. I thought if the guy hits me I will come off second best, so I decided to retreat. I quickly got back into my car and left. When I checked my phone later the photo I tried to take was blurred and useless, so I thought it was pointless to report the incident to the police, as the guy would not be traceable. Over that I forgot about it until I got the letter yesterday in the post. This is the only thing I believe this can relate to, but I have no idea based on what the three above allegations come from There was no road traffic accident, more of a road rage incident. So I am at a loss what to do. I have 28 days to respond. Should I just say yes I was the driver and was there and see what happens next, or should I already make a written statement on the attached piece of paper they sent me and send that with it ? Is there anyone here who would have a rough idea what to do next ? I tried my legal advice line through my Union, but they have sent me from pillar to post, now say it needs to go to a different department again and that would be chargeable as the RTA comes under Criminal Law. So any advice would be appreciated Many Thanks
    • So a quick update got bounced around two different departments and managed to speak to a DVLA bod , explained the situation and they could see the overlap and that DD payments had been made from Feb , also no formal remiders prior , they gave me a number for the legal dept who I am calling this morning to see what they can do in terms of the SJP notice , still have time to submit this online.  Will update after my chat this morning 
    • filed the defence at same time as suggested @dx100uk
    • Also, I am trying to understand how invoicing a large sum in a 6m period becomes tax fraud?   Is it because if he had invoiced over the £85k threshold he should have been obligated to charge vat?  Which would have meant hmrc would have benefited from the vat amount? So by not charging it Hmrc have lost out on £s revenue?  Is that what makes it tax fraud? So as a self-employed contractor, let's say he invoiced one Co for 200k.  Should he have charged vat on the full 200k (£40k)? Or just on the sum above the threshold (£23k)?  And that by not charging vat, he has knowingly withheld tax £s from Hmrc? And is the payer complicit ?
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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These Extra Micky Mouse Products Are To Be Included In The Total Charge And Total Amount Of Credit

 

The Termination Point Is What Is Written On The Agreement

 

Welcome Have A Habit Of Saying You Are Still Liable For The Insurance Extras After A Vt

 

Poppy Cock

 

Multiple Agreement Or Not

 

Once That Termination Figure On The Agreement Has Been Reached

 

Game Over With No Debt Outstanding

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ppi is as i recollect is not included in the 1/3 calculations but shown as seperate monthly amount on the doc However mechanical breakdown Gap which is a fixed amount should be included to calculate the cost of the car I stand to be corrected on this If gap etc is on a seperate agreement then it is not in the cash price and doesnt affect the 1/3 calculation

 

PPI being seperate. Does this make this a " Multiple Agreement "?

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What Does The Termination Figure State On The Agreement

 

it says 9932

although this is also for 98.95 insurance rebate

and 230.38 for Rebate allowable in future installments (not sure what either of those two mean).

 

It actually says that the outstanding balance under the agreement is 9801.01 less the two figures as above

(which they've actually added?)

which makes a grand total of 9932.

 

Actually reading that again, those numbers make no sense at all!!!

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I thought a multipal Agreement was when more than one vehicle was subject of the "goods"

 

incidentally once you have paid 1/2 the hire purchase price you can simply hand the car back

and be liable for only arrears and damage

 

We never ever proceeded with a damage claim as too difficult to prove

 

So when you come to sell the car and it is worth less than you owe

and you have paid the 1/2 give em it back and get your own back on em as they will have to carry the loss :)

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No It has nothing to do with how many cars areon the agreement. It is when there there is two or more different things ie: Hire Purchase, Personal Loan and Insurance paid for by Credit, All on the same Agreement.

 

Have A read of the Linked Thread.

 

And Great to have you here Yekrats. Great In put. Thank you.

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IF YOU HAVE PAID OFF AT LEAST ONE THIRD OF THE TOTAL AMOUNT PAYABLE UNDER THE AGREEMENT

SET OUT BELOW (OR ANY INSTALLATION CHARGE PLUS ONE THIRD OF THE AMOUNT PAYABLE)

WE MAY NOT TAKE BACK THE GOODS AGAINST YOUR WISHES UNLESS WE GET A COURT ORDER .

 

IF WE DO TAKE THEM BACK WITHOUT A COURT ORDER

YOU HAVE THE RIGHT TO GET BACK ALL THE MONEY YOU HAVE PAID UNDER THE AGREEMENT SET BELOW:

 

TOTAL AMOUNT PAYABLE UNDER AGREEMENT (LESS INSTALLATION CHARGE) £13242.24

 

TOTAL AMOUNT THAT YOU HAVE PAID BY THE DATES OF GIVING THIS NOTICE £3927.80

(NOTE THAT SINCE THEN i HAVE PAID OFF ANOTHER £558)

 

PAYMENTS TO BE MADE

OUTSTANDING BALANCE UNDER THIS AGREEMENT :£9801

LESS REBATE ALLOWABLE IN FUTURE INSTALLMENTS* (230.38)

LESS INSURANCE REBATE*: (£98.95)

TOTAL AMOUNT TO BE PAID:£ 9932.44

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i regret you have not paid a 1/3

A third is 4413.63

you have paid 3982.80 including the 55 which if you paid after they had terminated the hiring they should have refused and returned The wording should be the "hiring " is terminated not the Agreement If they said AGREEMENT THEY HAVE BOBOOED

sorry

THANKS MARK HAVE BEEN IN FINANCE 30 + YEARS AND STARTED AS A DEBT COLLECTOR TO CLEAR A MASSIVE FRAUD uSED TO REPO AT LEAST ONE A DAY FOR 3 YEARS!

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Sorry, That Was Supposed To Say Five Hundred And Fifty Eight Pounds. Made It Into A Smiley Face, Not Sure Why!!

 

Each one of the smileys have their own code and if youtype this code then it gives a smiley. . . . the smiley you have done has the code 8 ) so this created the smiley.

the way to stop this from happening is to look under were you type and there is a box to tick that says "disable smilies in text"

 

so in this post there will be no smilies :lol::lol::lol::lol: 8) 8) 8)

 

 

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THE INSURANCE FIGURES AT BOTTOM SHOULD BE IGNORED FOR THE PURPOSES OF THIS aS THEY PAY INSURANCE CO ON DAY ONE AND CHARGE YOU INTEREST ON IT iNCIDENTALLY ALWAYS ARRANGE YOUR OWN INSURANCE AS EVERYBODY GETS A BIG COMMISSION i KNOW USED TO MAKE A FORTUNE OUT OF IT THE ACTUAL COST IS VERY VERY LOW

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i regret you have not paid a 1/3

A third is 4413.63

you have paid 3982.80 including the 55 which if you paid after they had terminated the hiring they should have refused and returned The wording should be the "hiring " is terminated not the Agreement If they said AGREEMENT THEY HAVE BOBOOED

sorry

THANKS MARK HAVE BEEN IN FINANCE 30 + YEARS AND STARTED AS A DEBT COLLECTOR TO CLEAR A MASSIVE FRAUD uSED TO REPO AT LEAST ONE A DAY FOR 3 YEARS!

 

thanks, but as before, that figure was supposed to read five hundred and fifty eight. my number eight became a smiley face instead though. that should take me up to over one third right?

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THE INSURANCE FIGURES AT BOTTOM SHOULD BE IGNORED FOR THE PURPOSES OF THIS aS THEY PAY INSURANCE CO ON DAY ONE AND CHARGE YOU INTEREST ON IT iNCIDENTALLY ALWAYS ARRANGE YOUR OWN INSURANCE AS EVERYBODY GETS A BIG COMMISSION i KNOW USED TO MAKE A FORTUNE OUT OF IT THE ACTUAL COST IS VERY VERY LOW

 

Yes PPI etc is Optional, but No One is ever told this by the ****, and I know other companies do it as well. they say you must take it or you won`t get the loan.

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Right As Long As You Paid before they Terminated Hiring

 

how do you mean? this is the last correspondance I've had from them. Have received absolutely nothing else at all in writing since 26th of October. They were quite happy with the arrangement until the end of Jan (I made the payments over the three months after the default was served)

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mBNA CHASING ME AND NEEDED WORDING FOR LETTERS TO GET COPY AGREEMENT(WHICH THEY HAVENT SENT i AM PLEASED TO SAY COS THINK THEY DONT HAVE THEM

 

so why are you here on the Welscum Forum, if the problem is MBNA?

 

And do you Plan on being here Long. I think your advice may well come in Handy!!!

 

do you still Work in Debt Collection?

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