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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 
    • 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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Shop Direct CCA, is it correct? I am confused now!


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thanks tingy. The account is already in dispute and their latest letter is denying and problem. Can i point out my disappointment with the cca in the same letter as the sar request or should they be kept separate? Perhaps in the form of a complaint.

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Hello Tingy, good evening to you :-)

 

I have uploaded both pics as i wasnt sure which one you meant. Interesting heading on the cca one with use of the word 'request to invoke credit agreement'.

 

Thanks!

 

ccadisputereply.jpg

 

paymentofferrefusal.jpg

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thanks tingy. The account is already in dispute and their latest letter is denying and problem. Can i point out my disappointment with the cca in the same letter as the sar request or should they be kept separate? Perhaps in the form of a complaint.

 

Hiya MM,

 

They honestly have not got a leg to stand on if they think that complies with a CCA request. In your CCA request you asked for a copy of the original credit agreement which, by law, they have to supply within 12+2 working days. In their response they say They've already supplied you with this at the time of opening your agreement. This is 100% totally irrelevant. They have to supply it again, NOW as per your request.

 

I would send a very strongly worded letter pointing this out and stating that the account is already in dispute. If you would like I'm more than happy to put a letter together for you. They should not be persuing any collection activity on the account until the dispute is resolved -ie- until they have sent you a copy of your original agreement either true, or reconstituted.

 

Also note it says your account MAY be passed to external collection agencies, not WILL be - I suspect they know full well they can't comply and are trying to scare you into making payment. As it is in dispute you do not have to pay a penny until the dispute is resolved.

 

If you want any more help give me a shout.

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The devil could be in the detail with regards to their point one i guess. I assumed they were referring to the cca they sent me dated 2007 but now i re-read it they are saying they have sent it at the time of opening and what they have recently sent is an update! Good spot indeed.

 

In fact, if i was to go by their latest version of an agreement then it doesnt mention anything about the many 12 pounds they have added to the account over the last year and the only mention of apr is at 0%. Cheeky monkeys. Why on earth dont they let me just make the payments i can afford and let me pay of this debt instead of playing silly boogers :?:

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hi tingy, i have just been reading and it scared me lol. I nearly choked on my tetleys haha. I will send it tomorrow and post any replies up as and when i get them. In light of that letter do you think i should resubmit my payment off or wait for a reply? Very grateful for your help though tingy, hopefully i will be able to return the favour one day :)

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Well i am happy to pay it back at payments i can afford.

 

So another letter, headed PRE ESCALATION (yes in red) dated 15th feb telling me i have to pay TODAY or by the 21st feb else it will be passed to Nationwide Debt Recovery and there will be nothing else they can do to help me. Sadly i didnt get it until the 23rd so i think my chance has gone! Second class post as well, dear me.

 

They say they are disappointed i have made no attempts to pay, they seem to have forgotten that they refused my payment offer of over 20 quid a month. So, should i get a default notice or is this just a department down the aisle? Surely if they are selling the debt on i should get a default notice!

 

Still waiting for a reply to your last letter Tingy by the way.

 

Cheeky monkeys :wink:

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Hi MM,

 

I think these have just crossed in the post. It's one to ignore anyway. If they pass it on then we just deal with a different bunch of people, if you don't get a NOA then we send a Prove It letter, if we do then we send another CCA request which we know they can't produce. Into dispute, job done then wait till it's passed on again.

 

I suspect they will reply to that letter though.

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Evening Tingy & BB. I suppose it is a form of fun in its own way lol, No point getting down about it thats for sure! Now i have seen the various templates many companies and dca's send out i dont think i will get so spooked by them.

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Oh well, another day, another letter. This one is in a nice shade of blue though which is much more pleasant. Amusingly they want to discuss a payment plan too, i am almost minded to phone and offer the one kays already refused but i think i will wait for a reply to tingys awesome letter before i do anything.

 

I imagine this is just another desk down the hall anyway. I will post it purely for diary purposes.

 

**Think i had better turn the resolution down on the scanner, these pictures could have some poor souls eye out they are so in your face **

 

 

ndr_26feb2011BMP.jpg

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Oh well, Tingys letter still hasnt been classed as delivered or signed for so i will have to send it again. Come on royal mail. Sort it out, this is happening more and more often!

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Maybe you'll have to send it again, or as often happpens with recorded delivery, maybe it got there in the middle of a bunch of letters. The only way to Guarantee delivery is Special Delivery which costs a fortune. All you need for court if it got that far is proof of posting and you've got that. Up to you really whether you resend it.

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