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    • You haven't returned to the thread to give us your views, but a couple of other things strike me which you should consider: 1. You say that at no time was your father's licence revoked by the DVLA. It didn't have to be revoked. It expired in September and his "entitlement to drive" (of which the licence provides proof) expired along with it. He could only continue driving whilst his application was being processed by virtue of s88, and it seems clear to me (based on what you have said) that he was not able to take advantage of the benefits provided by that section. 2. The letter he received threatening to revoke his licence was probably a template letter sent when any medical issues are brought to the attention of the DVLA. But it is clear that beyond September until it was eventually renewed, your father had no valid licence to be revoked. I believe a "not guilty" plea in court will fail. The basic facts are that your father's licence expired in September, it was not renewed until February because the DVLA were looking into his medical declaration and he could not take advantage of s88. So in December he had no licence and no entitlement to drive under s88. The facts that he believed he was fit to drive and that his licence was eventually renewed may mitigate the offence but they do not provide a defence. I also asked whether he had received a summons (very unusual these days) or whether he had received a "Single Justice Procedure Notice". The way to proceed from here differs slightly depending on what he has received so if you let me know, I'll advise further.  
    • Well, what I've read from various sources suggest if a CCJ is 6 years old that if becomes pretty much ineffective for enforcement purposes in its original form.  And that if it's about to expire then the claimant needs to apply to the court to extend the original CCJ within the final year.  Even if they do apply for an extension within the 6 years they have to have a very strong argument for doing so such as the person being out of the country or could not be traced, basically show they were actively still perusing the debt I guess. Now if a claimant ever does apply within the 6 years to extend the CCJ, would the person named on if be notified by the court that such an application has been made?.  In my case I've heard nothing from the court so assume no such application has been made.  The original CCJ in my own case is now a year beyond the 6 years of issue so must now make things even less likely again. So whilst the CCJ exists that they have not enforced it in that time must surely make it unlikely they can now take it back to court because as said it would be very rare for a judge to agree to such action now. That said, I guess they now can't use the CCJ to continue with any action for an attachment order to our mortgage either?
    • Donald Trump now banned from countries including Canada and UK as convicted felon WWW.INDEPENDENT.CO.UK There are 37 countries that bar felons from entering, even to visit.  
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Thankyou for your help ims, i am having trouble finding the annual interest rate,hoping for some help from a visitor later,i think i will give the court route a miss on this one, and accept a fos/regulatory based award. as it is for a relatively small amount, but will take the court route if fit enough on the larger ones in future, thankyou for the pointer to new cis sheets, could you link to the cis sheet required for the PPI claim please,Ro

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Hi Ro

 

Here's the sheet for the fos based award......just follow the instructions in the sheet

 

FosRunningPPI v101.xls

 

As regards the interest rate, somewhere on the statements it will give you a monthly rate for purchase i.e. ordinary spend. That figure will be the monthly rate and you need to convert it to APR and you can use this sheet to do that for you.

 

MonthlyToAPR.xls

 

As regards spacing of your posts, are you by any chance composing your messages in a word processor and then cutting and pasting them to the CAG message box. If so that could account for the formatting.

 

If you are composing in an outside application you need to use notepad and cut and paste from that.

 

Regards

 

ims

 

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Hello ims, it appears that this particular credit card was zero % on purchases for restricted time, and special rate of 0.562% Paid off before the interest increased,Thanks Ro

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Hello ims, in view of the above special rate of 0.562% only, would you advise that as there is no APR interest, ( This fact is what has confused me all along! i was looking for something that was not there!) i should ignore this (for this claim anyway) and just do the PPI claim, i note the interest in the FosRunningPPI v101.xls is set at 8% simple interest. should i leave this as is? Regards Ro

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Hi

 

0.562% is their monthly rate....it equates to 7% APR.

 

The fos running spreadsheet is only set at 8% for the statutory interest, you still enter your card rate where indicated in the sheet as this is used to work out the compound interest part.

 

ims

 

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Sorry ims. The confusion may be that the only interest shown anywhere on any documents for this account is the Special rate which as you say equates to 7% i have looked at another account and can see the interest rates, the reason may be this was a spacial introductory rate to get me hooked! which was paid off before the interest kicked in! Which may explain the confusion right from the beginning! So i imagine i put 7% for this claim? ,Regards Ro

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Sorry ims, could you tell me what the start date i should put is,today? and when end date would be, i have put 7% for APR, do i fill in compound interest, or does the sheet do that for me,? sorry to be a pain! brain fade! so sorry about all the hassle, it seems that all this would have been easier to sort out had i started on one of the larger amount accounts, it was the lack of any interest rates at APR on this one that has caused most of the problem. Ro

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Hi

 

If the spreadsheet is CISheetV101, start date is the date of the first charge you are claiming, end date is today since you are claiming interest right up to now.

 

All you need to list in the spreadsheet body is the date of the charge, the description and the amount...the sheet will work out your interest for you.

 

ims

 

:-)

 

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Thankyou for all your help ims. i have completed the above form, it was when i came to print it i had the problem! but it is here somewhere on pc, but the point is i could easily do the sheet again,is it best to transfer the sheet to pdf?i will do the charges next, but later, Thankyou again Regards Ro

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Hi ims nearly there now, on the SOC cis tittle should i add the letters PPI after credit card charges, before the line= COMPOUND INTEREST CALCULATION? Do i need to add a personal letter or does the template you suggested (post 64) say it all? and can i include a cis with charges over limt, late, etc along with the PPI one, or send seperately? is there a special address i need to send to? regards Ro

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Hi

 

Your charges claim and PPI claims should be two distinct spreadsheets. Change the title of the spreadsheet to suit...either PPI claim or Charges claim.

 

For PPI the template letter is OK but of you have done a fos questionnaire you don't need a lengthy letter anymore. Just a brief one saying you enclose the spreadsheet and fos questionnaire and that you want your money back.

 

For the charges claim there is a template letter in the CAG library for your preliminary letter.

 

 

Capital One (Europe) plc, Trent House, Station Street, Nottingham NG2 3FB

 

 

ims

 

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  • 2 weeks later...

Hello ims. I have finally got this one ready to send, i'm sure they will tell me if i have made any mistakes! Many thanks for all your help and advice, i now have the confidence to go for the larger amounts from other banks etc, sorry it's taken so long to get this far.Thankyou once again, Kind regards Ro

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Hi ims, just an update,

i had a reply, basically stating that they do not have to repay anything, because it is prior to 6 years!

 

What i would like to say, is that it is disgracefull that this once reputable institution try and get away with keeping [EDIT] money!

irrespective of what year it was [EDIT], it is still [EDIT]! But What can i say?

 

The fact that for me this is a small amount, just to learn how to go about the process, does not matter,

 

However small they [EDIT] it from me, which then incurred costs for late payment fees,added interest etc. in fact the whole thing appears to be a trap!

 

But what can i legally say? i don't care how long it takes,

i will keep going after them, the fact that they were allowed to continue getting away with this behaviour is obscene! wether befotre or after 6 years it is still [EDIT] money!

 

Regards Ro

Edited by ims21
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i take it his is a reply from them to the CHARGES reclaim not the PPI?

 

 

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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not unexpected given their current run

 

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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