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    • When you have completed your SD you will almost certainly be asked how you plead to the offence(s). Hopefully you have been "dual charged" with both Failing to provide driver's details (FtP) and Speeding. So long as you were driving at the time of the allegation you should offer to plead guilty to speeding providing the FtP charge is dropped. Do not under any circumstances plead guilty to speeding unless and until you have this agreement. You cannot be convicted of speeding unless you plead guilty as they have no evidence that you were driving. The danger in pleading guilty without the deal is that you will be convicted of speeding and they can still continue with the FtP charge. On the basis of what you have said success will not be impossible but will be problematic and the possible outcome is nine points. The "deal" is a well known procedure to prosecutors and Magistrates and is exercised in courts across England & Wales every day and is nearly always accepted. It is nearly always accepted. If you can, arrive at court early and ask to see the prosecutor. You can put your offer then. If not, make the offer when you have completed your SD. If by any chance it is not accepted, plead Not Guilty to both charges and come back on here (your case will be adjourned to a later date). We can then decide whether you have a reasonable chance of successfully defending the FtP charge. Certainly at this stage you do not need a lawyer. You probably wouldn't need one if you have to defend the FtP charge either but let's wait and see what happens on Friday. Save your money for your fines, etc.   You need to make every effort to avoid a FtP conviction. It carries six points but most importantly an endorsement code (MS90) which insurers hate and it will see your premiums increase dramatically.
    • “There is the science, and then the art”.   The science gives you verifiable facts and figures. The art is applying the science in the real world, taking human factors into account.   If I had been in Wuhan, I’d hope I’d apply the principles of Bentham utilitarianism, taking all measures I could to protect myself but without risking others (so, no lying to evade movement controls). Yet, until actually placed in that situation: would I? I don’t know what I’d actually do until I’m in the situation.   What then if (early on in the Wuhan outbreak, before the travel embargo) I am already booked on a pre-planned flight out? Do I cancel it? Not if I don't have a temperature....   What if I have a temperature? I should ‘not travel’, but what would you (or I) actually do? Public opinion (looking at the case of the ‘Michelin traveller’) says to travel would be selfish.   What if I had a temperature, but my flight (booked before the outbreak) was to visit a terminally ill relative, who had only a very short time remaining?. Things are rarely cut and dried.   What would you (anyone, not just me and HB) do? Do you believe that what you think you’d do (when considering the issues) is going to always be the same as what you do when actually in that situation?   Human factors. Eyam plague: The village of the damned http://www.bbc.co.uk/news/uk-england-35064071   Would people do the same, today?
    • To just show there is nothing adverse on it and the address is not on there, anything really to help me? I really don't know as I say i have never been through this before.
    • Thank you. We were sort of saying the same thing then, that people and human nature make controlling disease more difficult?
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gerson

Cap1 SAR reply

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Hi DX,

 

Thanks - so I need to go straight to court or should I send them one more missive, re: Section 32 Limitations and follow it with an LBA +14 days

 

By EPA I meant EEO - but just having read through this it needs to be uncontested first

 

G

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i'd give them one more letter.

 

shelley, your comments.....

 

you are far more exp than me on the charges court cases front outside of 6yrs!!

 

dx


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Update....

 

CAP1 have upheld our Claim for PPI however the refund is approx. 25% of the amount claimed

 

I used the attached CISheet as the Basis for my Claim, can someone confirm that this is the correct one to use.....

In the letter they stated that 'associated interest refund' is calculated as the difference between the interest due after removing the PPI and the interest charged to the account.

 

At no time during the period involved was the account Balance 'paid off'

 

They also stated that an additional interest of 8% has been included.

 

I am of the opinion to reject this offer by responding, which they gave me 14 days to do and 7 are up due to postal delay (if based on the letter date), and refuting the sums provided - no breakdown of how they came to the numbers quoted and the fact they had my Money and charged me interest at the prevailing rate

 

Additionally they will also Withold 20% of the additional 8% interest for HMRC. Can they do this as we are no longer UK residents

 

A small win so far... and CAG will recieve a donation upon the completion of this claim

 

Thanks

 

G

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can you scan up their letter and also write refusing their offer and asking that until they give a detailed breakdown, you are not in a position to comment further.

 

dx


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Hi Dx,

 

I will scan and sensitise the letter from CAP1 - do you need the figures left in?

 

This is what I intend to write back with so far:

 

I thank you for upholding my claim for the miss-selling of PPI however I am formally rejecting your offer of refund for the following reasons:

1. The total amount of payments made by myself in relation to PPI premiums is xxx.xx GBP.

2. The figure for ‘associated interest’ is incorrect. You have had the benefit of my money, which you are now refunding, and charged me interest on this money at your prevailing rate for the duration of time claimed, as such the interest claimed in the attached calculation sheet is due.

3. You have provided no breakdown as to how your calculations were made, only a statement of how it was done and the final sum. I require a full and thorough breakdown of each and every computation.

I thank you for informing me that an additional 8% is also due on the amount claimed, this I assume will be calculated once we have finalised the claim with yourselves.

 

G

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yes always leave figures else its pointless us seeing it....


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Hi DX,

 

Here you go

 

G

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Hi,

 

Quick question...

 

Should the 'Claim to date' be the first date after the ppi was applied when the account returned to Zero Balance?

 

G

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if interest is still being charged by them

 

the claim to date is the day they settle.

if they stopped THEIR int, the claim to date should be that date.

 

dx


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Hi DX,

 

CAP1 have never stopped applying interest to the account.

 

The account has had a Zero Balance several times over the last few years though - thought this might alter the amount claimed

 

I will send the rejection letter tomorrow, trackable.

 

Will update when/if we get a reply

 

G

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Update,

 

 

CAP1 are refusing to budge on the offer made.

 

 

I used the CISheet for my calculations - should I have used the FOSRunning instead?

 

 

If the FOSR sheet then how to complete based on the fact the Card was in use for several years Prior to PPI being added

 

 

G

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if you have all the details

then use fosr yes.

 

I will give a better picture


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Hi DX,

 

 

Thanks for the quick Response.

 

 

Problem is that CAP1 did not supply the actual Statements with the SAR so I do not have everything needed for the FOSR sheet - only got a Transaction log

 

 

G

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then you cant use fosr sadly.

 

unless you know the times there was no int

you cant hope to use it

 

BUT

 

i'd say their figure on int is VERY wrong.

 

HOW are they calculating this

have they statements you don't have

 

?

 

dx


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Hi DX,

 

If I use the StatInt (PPI _ FOS rules) sheet (single premiums + 8%) then the figure is very close to the offer made

 

My wife is of the opinion to accept at the moment

 

G

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depends of the levies int during ANY part of the term PPI was charged

 

if they did

it cant be right

 

they tried this with a claim I have today settled upon for a neighbour

 

I got an extra £400 out of them

 

I included copies of the statements showing PPI

 

so p'hapd diff to your info?

 

dx


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