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    • Hello, on 9th of July 2018 I was issued a CCJ for 326£ for a non payment into my Natwest account - 6 month earlier I moved abroad and despite my better knowledge my direct debit with the phone company wasn't properly closed and the Natwest account went into arrears for that amount. As soon as I found out of that matter on 20th October 2018 I settled the amount in full with Moorcroft (the debt recovery agency instructed by Natwest to recover the amount).   When I returned to the UK I was shocked that my credit score was completely depleted - despited an otherwise good record - and that for the following 5 years I won't pretty much be able to access credit and other common financial products regardless of the fact the debt has been paid in full (and despite a stable high salary etc.).   When I contacted Moorcroft in January this year they said they can't do anything about it and the record will stay as is. They said the best they could do was to send me a letter (attached) that I can use as a confirmation that the CCJ was now settled. I was pretty sad and frustrated and shocked that a 300£ debt could put me into such distress (I literally cannot even get a monthly mobile phone plan) and despite having settled it I would carry such consequences for the next 5 years... so I archived the letter and tried to forget about it.   I recently checked my credit report and it states that the CCJ status is still active.   I would like to ask:  - is it really not possible to adjust the CCJ status ?  - are there any actions I can take to mitigate my situation ? - shouldn't at least Moorcroft have sent a more comprehensive letter stating that the CCJ was settled (instead of a generic 'payment received' with no indication of what and why) ?     Note: when I tried to contact Natwest in October 2018 they bounced mee across several departments but ultimately no-one could/would want to help as the account was permanently closed and passed onto debt recovery and they couldn't find much information about my records (apart from saying it's closed and Im no longer a customer of the bank and won't ever be able to be one again).   Thanks, V
    • I hope we can keep this thread for a discussion of SDs. If it descends into a slanging match then there probably isn't much point in having it.   HB
    • phew, just got an email from scmreferrals@justice.gov.uk.    I was worried that because the N180 was 5 days late, they would reject it.    There is still an new default on my credit file for the original amount + court costs. Surely Lowell shouldn't have submitted this yet?  
    • The solicitors have acknowledged my CPR request but have yet to provide anything, no response to my CCA request yet.   I would like to get a defence in before the end of this week, can anyone help me put together a defence?   Thanks
    • There were express terms of repayment of the capital plus interest over 60 monthly instalments.  However, you are saying the Default has no effect, so that when charged-off the interest did not have to be rescheduled?   P.S. It may be irrelevant, I don't know, but I can’t see an acceleration clause in the CCA allowing them  to ‘call in’ the entire amount of interest on the 5 year loan?  Copy of the Ts & Cs from my original CCA attached. Clause 2 (c) refers to interest being charged until settlement, but I’m not sure that is an acceleration clause.   If you have any thoughts on the above they would be greatly appreciated. 20191120102845876.pdf
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misscem18

Possible FPN - Advice in preparation

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I broke down today on a minor A road about three car lengths away from the traffic lights , and I had turned my engine off, put the handbrake on and put the warning lights on. I had dialled the number for Tesco breakdown, and I was in the process of moving over to the passenger side when a police van passed on the other side, and one of the officers mouthed at me to get off my phone.

 

If I do receive anything in the post (I don't know how FPNs work), what should I do? I was not actually driving the vehicle, and everything was switched off, so was I committing an offence or not? I'm not trying to dodge the fine, I just don't know whether I was in the right or the wrong.

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If you were not driving, i.e. engine off there is no offence as far as I know.

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I believe, by the absolute letter of the law (and as we know the law is often an ass) being in the driver's seat would qualify you as being in control of the vehicle, and as such, you were also therefore using a hand held mobile phone whilst in control of the vehicle.

 

I would however, be amazed if an FPN resulted from this incident, and if it did I think I would most certainly plead not guilty to it and take my chances at court.

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The offence is 'No person shall drive a motor vehicle on a road if he is using a hand-held mobile telephone' - s.110 Motor Vehicles (Construction & Use) Regulations 1968.

So by just by sitting in the drivers seat you may not be committing the offence.

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