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    • I re-read the extract from your  solicitor's letter this morning and think I might understand what they have in mind. I believe (and it’s only a guess) their strategy is this: 1.    You will make your SD 2.    You will enter fresh pleas to the four charges (not guilty) but will offer to plead guilty to speeding on the understanding that the FtP charges are dropped. 3.    If this is accepted they will attempt to argue that the two offences were committed “on the same occasion” 4.    You will be sentenced for those two offences (the sentence depending on whether the “same occasion” argument succeeds). They also have a plan in the event that your offer at (2) is unsuccessful and you are convicted again of the 2xFtP charges (and so face disqualification under “totting up”): 5.    They will make an “exceptional hardship” argument to avoid a ban. 6.    If that is unsuccessful they have already lodged an appeal in the Crown Court against that decision. (This is the only “appeal” I can think of). 7.    They plan to ask the court to suspend your ban pending that appeal. If I’m correct, I’m surprised the Crown Court has agreed to accept a speculative appeal (against something that hasn’t happened). The solicitor says this is to lodge it within the normal timescales. But you will have 21 days from the date of your conviction (which will be next Wednesday) to lodge an appeal with the Crown Court, so there is no need for a speculative appeal. I have to say that an application to have your ban suspended pending an appeal is unlikely to succeed. The Magistrates Court is unlikely to agree to it for one very good reason: if they make such an order (suspending your ban until your appeal is heard), all you need to do is not to pursue the appeal and the Magistrates order suspending your ban will remain in place. Hey Presto! No ban and no need for you to trouble with an appeal. Perhaps he will ask for your ban to be suspended for (say) three months or until your appeal is heard (whichever occurs first). This potentially creates a problem because if your appeal is not heard in that time either your ban will kick in or you will have o go back to court to get the suspension extended. But the solicitor obviously knows more about these things than I do. I would want to be very clear about this solicitor’s fees and what he proposes to charge you for. As I said, there is absolutely no need to lodge an appeal with the Crown Court. That can be done if and when it becomes required. But I am still firmly of the opinion that it is overwhelmingly likely that you will not need to progress beyond point 2 above. Point 3 is optional and I don’t know whether he solicitor has made It clear to you that the only thing you will avoid in the event of success is three penalty points. You will still be fined for the second offence and your driving record will still be endorsed with the details, but no penalty points will be imposed. Do let us know how it goes.  
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Bought a van that has previous finance on it


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l bought a van about 6 months ago that was advertised in our local paper and when l went to see l noticed it was ex royal mail, anyway l bought the van. Now 6 month on l received a letter from a finance company telling me the van has finance on it and they may still have an interest in it.

How do l stand with regards to this as l paid cash for the van and didnt know it still had finance on it, l stay in Scotland.

Any help would be gratefull

junior

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if you are in scotland [residential?] there's nowt they can do about it.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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nothing, was the letter addresses to a scottish AD?

 

if you wish, as i did

you can fwd any detalis you may have that would help them in their investigations but there is nowt they can do to you or the van.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes letter was posted to me at my address in Scotland where l live. l had no idea the van had finance on it as l had never seen the van before l had seen it advertised in the local paper.

Getting that letter had got me worried that the van was going to get repossessed from me as l had done quiet alot of work on it.

junior

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Lombard was who l got the letter from and it was a private seller l bought it from who said he worked for parcelforce, the van had all the signwriting on it. Id rather not disclose how much l paid for it but it was around about market value.

junior

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Yes l do, and l can asure you there was signwriting on the van when l got it. Could it be he was a contract worker or something, l dont know. To be honest i'm not really concerned about the parcelforce its the finance company that bothers me.

junior

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well they cant do anything to you as you are in scotland

there are no repossession laws in scotland

 

however, like postggj it is puzzling why it 'had' been on finance and still has the signage.

 

but dont worry anything is going to happen to you, it wont..

it would do you no harm to liase with the letterwriter to assist them.

 

mine turned out to have cloned number plates!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I have just spoken to my brother who was with me when l bought the van and he said the guy told him that it was his own van and he was some sort of sub contractor for parcelforce. He didnt remove the signwriting. He had just bought a new van and it was going away to get the signage done on it.

How will this affect me in the future if and when l come to sell it?

junior

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ok

 

now i see

 

a few years ago parcel force made every one go self employed

 

the staff bought a franchice of the business for £30,000

they got the van and were paid on the amount of parcels delivered

 

the van was prob in the finance deal for the franchise

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Yes l do, and l can asure you there was signwriting on the van when l got it. Could it be he was a contract worker or something, l dont know. To be honest i'm not really concerned about the parcelforce its the finance company that bothers me.

junior

 

 

 

Hi. did you do a HPI on the van ??? the thing you have to look at is. was the finance done in scotland or england. if it was in england then yes they can take the van. one good thing is lambard are a good company to deal with (not sharks) and they will help you. have you talked with the guy you have bought it from. see how much he owes lambard. and also check with lambard if the guy has is new van fianced with them.

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No l didnt do hpi check. No l havent spoken to him yet(feel like killing him) but no doubt l will in near future. Was going to be speaking to lombard tomorrow to see what they will tell me as l just got letter yesterday. Was feeling alright about it but not so sure now. What can l do to help get out of this mess, is it right i'm ok in Scotland or am l in the brown stuff?

thanks for all the replies

junior

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No l didnt do hpi check. No l havent spoken to him yet(feel like killing him) but no doubt l will in near future. Was going to be speaking to lombard tomorrow to see what they will tell me as l just got letter yesterday. Was feeling alright about it but not so sure now. What can l do to help get out of this mess, is it right i'm ok in Scotland or am l in the brown stuff?

thanks for all the replies

junior

 

 

lambard are a very good company so dont worry there. if you tell them what work you have had done to your van and all your costs. most of the time they will take offers (start very low) but remember if everything was done in scotland you will be fine. here is some reading for you, http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1964/cukpga_19640053_en_1#pt1

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To be honest that bit reading is totally alien to me didnt understand a lot of it.

What will be my position if any of the finance agreement was done outside Scotland? What if the van came from outside Scotland lkie a garage in England?

I'm bricking it now cause l thought l was ok being in Scotland. I wouldnt have thought there would be much finance left on it after 6 years but l could be wrong.

junior

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To be honest that bit reading is totally alien to me didnt understand a lot of it.

What will be my position if any of the finance agreement was done outside Scotland? What if the van came from outside Scotland lkie a garage in England?

I'm bricking it now cause l thought l was ok being in Scotland. I wouldnt have thought there would be much finance left on it after 6 years but l could be wrong.

junior

 

 

 

with you being in scotland you will have protection under what is called scots law. and you only need to talk to lambard about this.

lambard are not like other finance companys were they send bailifs to your door. just call them tomorrow and talk with them. all as they might need from you is the last guys address. but until you have spoken to them its hard to know what direction to go.

 

let us know how you get on with talking to them.

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you will find them a very useful company

 

they helped me out no end with legalities surrounding my cloned van issue and sorted all the legal stuff foc.

 

doesn't matter either where it was financed, you'll be ok

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Spoke with Lombard today and they said that they could take the van back.

Lombard wanted to know how much l paid for the van after l gave them the previous owners details, they also gave me the previous owners telephone number which l didnt have but they seemed alright after l gave them price l paid for van.

l phoned the previous owner and got his wife who was apoligetic and tried to assure me that there wasnt any finance on the van and that Lombard just needed to confirm selling price of the van as they were getting a percentage of the selling price.

Does really make a great deal of sense to me as l dont know how these finance companies work.

Does this lot make sense at all?

junior

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Spoke with Lombard today and they said that they could take the van back.

Lombard wanted to know how much l paid for the van after l gave them the previous owners details, they also gave me the previous owners telephone number which l didnt have but they seemed alright after l gave them price l paid for van.

l phoned the previous owner and got his wife who was apoligetic and tried to assure me that there wasnt any finance on the van and that Lombard just needed to confirm selling price of the van as they were getting a percentage of the selling price.

Does really make a great deal of sense to me as l dont know how these finance companies work.

Does this lot make sense at all?

junior

 

 

Hi junior. now ask lambard to send you a letter as to what interest they have in your van i.e outstanding finance. as the last owners are telling you it was settled.

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Would lombard have an intrest in the price the van was sold for and would they be getting a percentage of that sale?

junior

 

 

Hi junior. you are going off base. what deal lambard and the last owner did will not help you at all.

 

all you need is a letter from lambard with amount outstanding. so as you can give a copy to the last owner (they say it has no finance) but you need to know what lambards intentions are.

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Hi junior. you are going off base. what deal lambard and the last owner did will not help you at all.

 

all you need is a letter from lambard with amount outstanding. so as you can give a copy to the last owner (they say it has no finance) but you need to know what lambards intentions are.

 

 

Hi CCTV

l tried asking them today what the outstanding balance on the van was but they wouldnt say, what they did say after a bit of thought was that they were legally entitled to reposses the van which to my mind it doesnt sound like its been paid up. But when l phone previous owner the wife said they had paid it off.

Confused

junior

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