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    • Is it unusual for them to have all the documents they have provided so far?
    • That still leaves it unclear if: a) you “made a mistake” and accidentally bought the wrong ticket (only to Three Bridges), or b) You had a “moment of very poor judgement” and deliberately bought a ‘short ticket’ It can’t be both.   Climb off the fence you are sitting on, it’ll give you splinters............ at the moment you are trying to hedge your bets but it is obvious that is what you are doing, and as a result: why should they believe the rest (expressions of regret, won’t do it again, sole income earner who will lose their job, etc.)
    • Email and call your local councillor, their details should be on Google.  Just explain everything to them and they will have the bailiffs off your back in short order.   Do it now, and this could be resolved by tomorrow.  
    • Your latest ramblings make no sense in relation to the issue (which is whether a person hearing an SD can question the maker as to its truthfulness and reject the declaration if they are not satisfied as such).     It's not within 21 days of the hearing it's within 21 days of learning of the conviction of which they were unaware. I don't know what it is you are reading or are referring to but there is no "debtor" involved in an SD that is made to have a conviction set aside. When an SD is heard in court the only officers involved are the court's Legal Advisor and the Magistrates themselves.   I’ve just been looking back at the original post which started all this off to ensure I wasn’t going mad. I’m pleased to say I don’t think I am. Instead I am of the opinion that you did not properly grasp what originally happened to the OP and compounded that by providing incorrect, misleading and confusing advice whilst plucking bits of irrelevant legislation from thin air randomly when you commented. Here’s a few of your quotes and my comments for you to consider.     The OP said no such thing. She said she had moved three years earlier. For some reason unknown, her change of address was not recorded by the DVLA. She said she was happy to accept the speeding allegation. This indicated she was driving (a fact she confirmed absolutely soon afterwards). Nowhere did she ever say she was not the owner of the vehicle at the relevant time.         So, from advice to plead Not Guilty to advice to plead Guilty inside two hours, with no new or additional information provided. Still you mention somebody else being the driver.         What is an “out of time statement” and where and when was one ever mentioned?     Then from the OP:       Your response:       The cause of any confusion was your comments. She said from the outset that she did not live at her old address when the offence was committed (in fact she went to some lengths to explain that was why she did not receive the court papers). Nowhere did she suggest she was not the driver nor that she could not or would not disclose who was.     No it isn’t. A Statutory Declaration voids the original conviction as if it never happened. Section 142 of the Magistrates’ Court Act is not involved with the resurrection of proceedings following an SD. That Section grants the Magistrates powers to re-open cases to rectify mistakes, etc. There has been no mistake here, the Magistrates will not be called upon to re-open the case and could not prevent it being revisited even if they wanted to.   Then we set off into the intricacies of the Statutory Declaration process which is covered above.   I’m not surprised the OP in this particular case became confused. Her matter is straightforward enough (for those who know the law and the process). In summary: She moved; She thought the DVLA had her vehicle registered at her new address but they hadn’t; Her vehicle (with her driving) was detected speeding; She (unsurprisingly) did not receive the notification of that offence or the request for driver’s details; She obviously didn’t reply to that request, she was prosecuted for it, convicted in her absence and without her knowledge.   Happens every day and simple to deal with.   Unfortunately, not when you became involved it isn't. Firstly you grasped the wrong end of the stick by assuming she was not the owner and/or the driver. You advised her to plead Not Guilty on that basis. Then, when you had grasped some idea of what had really happened you suggested she plead guilty to the S172 offence purely on the basis she had moved and the speeding information was sent to her old address. Very poor advice. Then you scared her witless by incorrectly suggesting there was a chance her SD would be rejected if it was thought her declaration may be untruthful. There also followed discussions about the six month time limit for prosecutions and the 21 day limit for SDs to be accepted unconditionally (both totally irrelevant).   I don’t suppose you will accept any of these criticisms but whether you do or not you clearly caused the OP considerable confusion and probably distress. My comments are not based on something I've heard on the net or on barroom (sic) knowledge. They are based on my knowledge of the law and of Magistrates' Court procedures.  It's obvious you will pay no heed to me so when I see any such clearly misleading information provided to an OP by you in this section in future I will simply report it to the site's administrators.
    • Just ignore unless you receive a PAP letter.    Chances are you will run out the clock and it will become SB'd.    
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sillyboy15

Debt totalling to 6.5k - help required

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Hello I am a young male, less than 25 years old and I need to get out of this situation as

I am a bright guy with good aspirations, just made a lot of mistakes when I was younger. I

 

am struggling at the moment to manage my debts.

 

I am starting to lose motivation due to stress and I really need to get this sorted as soon as possible for the good of my own health

so I thought I'd come here and see what you guys think about my plan.

 

My wages are approximately £1000.00 a month, with a phone bill of £50 a month and board payment of £100.00.

 

Let's start with the debt

- I have 2x utility bills (EON/United Utilities) of approx £160 each to pay from a previous property,

these haven't been passed to a DCA or anything but are starting to push for payment by the end of January.

 

I have 6x payday loan debts totalling to £1250.00.

 

I have a capital one credit card with a balance of £160.00.

 

A Natwest Gold Mastercard with £1300.00 balance, this has been passed to Triton who are pushing me for payment

and have issued a letter saying they will be sending someone round to my property.

 

Littlewoods account passed to NDR Money with a balance of £900 approx.

 

Very account in arrears, balance of £1300.00, hasn't been passed to a DCA yet but I am in arrears.

 

Loan with a company similar to Pounds to Pocket, not in arrears, up to date with payments with a balance of £1600 approx.

 

 

The Plan - My credit file is massively ruined anyway,

so I am not bothered about late payments to creditors.

I doubt that I am close to court summons,

 

on 31st December when I get paid, I was going to clear the total balance of the Payday Loan lenders with a little help

and demand they block me from using their services, as to be honest, these are what have got me in this mess in the first place.

 

That would mean from 31st January's pay, I will be much much more financially stable and already in much less of a mess.

 

I was then going to contact each of the other creditors to arrange payment plans with them

but I wondered what the best way to do this is as they are extremeley pushy, disrespectful and awful to deal with over the phone.

 

I genuinely believe that the best option for me is to pay off all these payday loans,

as it is mentally battling on every payday to mess about with choosing extension fees etc or re-loaning.

 

I know that these are classed as non-priority debts but I feel that paying these off will make me feel a lot stronger mentally.

 

I await your opinions and responses :) Thanks

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Hi sillyboy15

 

Just thought I'd give you a quick heads up about the outstanding balance with us.

 

If you're able to set up a payment arrangement, we'll be able to look at spreading the balance over a more manageable period.

 

We won't charge you interest and it'll also stop any debt follow up.

 

I do understand this is only a small part of what you're having to deal with but hope it helps a little. Best of luck with the other issues you mention.

 

Malc

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Thank you Malc for your input here.

 

Regards

 

Andy


We could do with some help from you.

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Hi & welcome, I am guessing these debts are all quite recent? Post 2007?

 

You are correct, non of these are priority debts.

 

You have to do what is best for you, and only you can decide what.

 

PDL attract a criminally ridiculous interest rate so getting shot of them is probably best.

 

Writing to the other creditors is definitely a good move, but you take control, they will try and exert their deluded authority to force you to pay what you can't afford, you tell them what you will pay, they do not dictate to you.

 

There are hardship letters you can send to support your case, and you MUST keep everything in writing, the only reason why they are so pushy on the phone, is because they think they can get away with it, and people don't record phonecalls, so unless you can record your calls, keep everything in writing.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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