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    • Hi All. I was driving in Stevenage down a 40 road.  After coming off the motor way i noticed my car felt a little "weird" so i accelerated, then slowed the car down.  Shortly after i got stopped by a manned police car with a laser. During the stop the officer stated i was doing 54 in a 40, the conversation was short, but he said i would unlikely get a awareness course and it was most likely 3 points and a fine.  Mrs thought it was a good idea to have dairy when she is lactose intollerant on date night, so we just got on our way.  At the time, i didnt admit to the offence, but did say i didnt realise and had slowed down in any case. The officers chest camera was recording and on. At the stop, he asked where to send the fine to, as i knew i would be travelling to visit family up north, i provided my temporary details at that location in Yorkshire. It is now 05/05 and i havent recieved anything at either my home address in Stevenage or the temporary address. 1. Is there a time limit in which paperwork needs to be sent to me. 2. SHould i query the ticket as i dont want to miss any deadlines (if so who do i check with?) OR should i keep queit. 3. Given nothing has arrived in 20 days, is there a chance of appeal if and when it comes through? Many thanks CrazeUK
    • Hi All. A family friends car was having issues when she was on a trip visiting family up north at the begining of January.  She ended up leaving it at my friends garage in the same location, who parked it on his forecourt to investigate the issue, howver he said most likely it is beyond economical repair as its a serious gearbox fault. In the meantime i replaced her car with one of my spare cars. The insurance on the car then expired in at the end of January.  When the insurance expired, I sent a paper V890 paper as i didnt have her V5 Reference number in hand to do it online (i have a copy of this).  She didnt mention she hadnt recieved any confirmation as she didnt know if she would get one.  She then cancelled her road tax at the end of March (i think) as she was paying by DD. She then was travelling up north so didnt get her ,ail until last week. She recievd a letter dated 09/04/2024 stating she had failed to insure the vehcile and there was a £100 fine which could be reduced to £50 if she respons by 11/05/2024.  As soon as we noticed, i got her to dig  out the V5 and SORN'd the vehicle.   My friend has been a bit slow in checking the fault, however i suspect it will still be scrapped and is still on his forecourt. Is this possible to appeal?
    • worthy to not forget Just to let you know this bunch Kensington have been fined £1.225m by the financial regulator for treating borrowers who were in arrears unfairly. Claim those charges back plus the interest and tell them not to add any more to the account. There are a few news stories here you can get the info for a letter to send to them. http://news.bbc.co.uk/1/hi/business/8615870.stm  
    • Hi All. I went to visit a family friend in Rochdale on a new housing estate opposite a old row of houses. The location is Royle Road, Postcode OL11 3PE. I was originally parked in parking bays outside the old houses, then moved the car, when I noticed my tyre was flat, so parked on what looked like double yellows to use his air pump to check and inflate the tyres before we left the house.   In the time i went inside to sort the pump and power supply i got a PCN.  The tyre then got changed (has a puncture) and we left. PCN Number:         RE######## Date:             04/05/2024 Time:             20:36 Observation:         20:34 to 20:36 Reported location:     Royle Park Road Reason:        Parked in a restricted street during prescribed hours (Code: 01) I believe this PCN is not correct and has grounds to appeal: 1. My friend who moved into the property around 6 months ago, swears that even though it has old double yellows marked, they are not current or council marked.   He said the property development company had said they had marked them for ease of access during development. 2. The road i was parked on was Royle Road.  The PCN was issued for Royle Park Road, which is about 400 yards up the road. 3. There are no sign posts or marking showing parking  restriction hours in the entire area (there maybe on Royle park Road). I have attached a map of the Location where i parked as a red dot. I have 2 questions: a.  Is there a way to check where double yellow lines are marked on some register to check if they are current? b. Can my grounds of appeal simply be, wrong location, wrong offence? Thanks in advance. Map_20240505.pdf
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Student Loans Post 1998


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Hi Guys,

 

Had a browse through alot of info regarding "new" style student loans.

 

I had a new style student loan in 2005, I have the dates and I have never made a payment nor acknowledged the debt, which would bring it into the 6 years from which was cause of action.

 

As it would stand this debt would be statute barred. But as the new loans are now "income contingent loans" the money is now taken directly from your employee pay. So they do not have to take you to court nor pass it on to a DCA.

 

However, all "Student loan agreements are simple contracts."

 

The key point I am making here is they are still "simple contracts" which brings me on to the main point of the limitations Act. We now look at the Limitations Act S.5

 

"An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued."

 

Also stated on the HMRC website.

 

Now are they stating that the only "action" they are referring to is taking the debtor to court to reclaim the money? Wouldn't taking money directly from a person's pay still be an "action". Therefore wouldn't this be breaking the law by taking action on a simple contract that has expired after 6 years?

 

Please let me know your opinions on this? Also if anyone knows it anyone has gone to court on this argument?

MKDP LLP CCA Request sent no reply

1st Credit Ltd CCA Request sent, could not find credit agreement

Redwood Collection Default notice to be removed on F&F

Mackenzie Hall Never replied to any letters

Barclaycard CCA request sent, could not find credit agreement, now sent to another DCA

 

Now to just get them removed!

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sadly the new loans can never be SB'ed

 

this has been discussed at length before.

 

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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sadly the new loans can never be SB'ed

 

this has been discussed at length before.

 

dx

 

Is that a legal stance? Or just that they cannot be statute barred due to the fact they are taken direct from pay?

 

Has this ever been taken to court or discussed on a legal level?

MKDP LLP CCA Request sent no reply

1st Credit Ltd CCA Request sent, could not find credit agreement

Redwood Collection Default notice to be removed on F&F

Mackenzie Hall Never replied to any letters

Barclaycard CCA request sent, could not find credit agreement, now sent to another DCA

 

Now to just get them removed!

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Would a student loan taken in 1995 & 1 in 1997 also be statue barred after 6 years of non payment or acknowledgement

 

Yes a student loan taken before 1998 would be statute barred if there was no payment or acknowledgement...

 

 

Anywho, back to the orginal thread.

MKDP LLP CCA Request sent no reply

1st Credit Ltd CCA Request sent, could not find credit agreement

Redwood Collection Default notice to be removed on F&F

Mackenzie Hall Never replied to any letters

Barclaycard CCA request sent, could not find credit agreement, now sent to another DCA

 

Now to just get them removed!

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Fantastic news, makes me ill now that i started paying it back when i found myself in a better position, Im still getting threats and charges added to the account for letters every 2 months for an amount i disputed at the time for a lapse in deferment due to them not sending the paperwork out and me not requesting it. I proved i was signing on at the time yet they said the charges still stand. Ive disputed these for over 15years yet they still keep adding interest and letter charges.

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  • 3 weeks later...

post 1998 SLC loans can never be statute barred

 

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

with help and some research it transpires that post 1998 CAN be statute barred

 

the issue lies with you cannot stop the PAYE system from letting them take payments when earning over the threshold.

 

if you are not PAYE or overseas, then you are 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

This is from the student loan company website

 

Student Loans are an unusual case, as they changed in September 1998. Any Student Loan taken out before this date was a consumer credit agreement, which means the Limitation Act 1980 applies. But any Student Loan taken since then is an ‘income contingent’ loan – so repayments can be deducted from your wages without any court involvement, regardless of how old the debt is.

Gbarbm

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