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    • There will be no issues with a course offer if the dates are as you say. The usual cut off is four months from the date of the offence. This is so as to give the driver the time to accept the offer and take the course before prosecution becomes "timed out" at six months.   However, if the NIPs really were the first to be issued and there are no issues with the address details then both have a cast iron defence to the speeding allegation. The first is dated 20 days after the alleged offence and the second 23 days after the alleged offence. The Road Traffic Offenders' Act makes it quite clear that if a NIP is not served within 14 days of the alleged offence then no prosecution can take place. But as I said, late first NIPs are very rare and both need to check all the details I have mentioned before they decline any out of court offers of a course or Fixed Penalty.    For information, courses are normally offered for speeds up to (Limit +10% + 9mph). Only one course of any type can be taken in three years (with the date of the offences being used to calculate that period) and courses are not offered in Scotland. However, if a driver is not offered a course for any reason when he would normally qualify (including late NIPs) he has no right of appeal to have one offered. If the matter goes to court the court has no power to order a course.
    • My grievance against my manager is on Wednesday at 12.00 noon. A union officer is representing me. The representative for my manager is a product manager. I was told today that she is the Daughter or a Step-Daughter of the manager. Is this a conflict of interest? Am I correct in saying that, because the manager is the subject, the hearing has to be carried out by a person higher than the manager such as a director? if so, the product manager is not entitled to carry out the hearing. I'm pretty certain that I read this in law books. My Brother is a licensed union chairman but has since left his previous employment.  He is certain that I am correct . Any help would be gratefully appreciated.   diecastdave
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    • Sorry,  its regular outgoings of payments. It’s income related they’re on, not contribution based.  Mum and applicant were totally unaware of the rules in regards to deprivation of capital.   On income related ESA but claim housing benefit and council tax support.   He hasn’t came into a huge chunk of money. It’s been spent over a duration of four years. appointee’s livid, and worried that he’ll be homeless.  
    • Hi all           I spoke to the courts earlier today and they advised me that the points placed on my licence were removed in October 2019, and that a court date is set for November 26th. Guess what ??? I had not been given that info either. The courts were very helpful and explained to me that everything had been sent to my previous address (which I have not lived in or owned for 5 years) The car in question was registered in March 2016 and I have owned since new and has never been registered to my old address. I have proof of this down to the point of not taxing the car March 2017 as the car was zero tax I did not realise I still had to go online and tax it, the summons for that was sent to my current home address.  it is very strange that the police directed everything to my previous address. i then contacted the police on the number given by the courts and was told to forward proof I was out of country at time of offence for them to look at, the police officer was very understanding and quite helpful giving the information. I have to e mail her tomorrow and will give an update when I know more as this previous address thing is really confusing !!!  
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gporter3319

BW Legal.Statutory Demand

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Hi,

 

we arrived home this evening to a letter claiming that we had been visited on 3 occasions

and that whoever they are are visiting again on 9/1/13 to serve my wife with a Statutory Demand.

 

The only thing we can think off that this might refer to is a Cap one CC we had a few years ago

which was sold to lowell. 2 or 3 years back

 

we applied for the credit agreement from Lowell and got the usual stuff back from them

which turned out to be nothing more than an application for the card,

 

ignored them and now this.

 

Now my wife is on benefits due to ill health (I work) and we have a mortgage with neg equity

and a charging order already on the house.

 

What would be the best route for us to go down?

 

Many Thanks

 

Sorry if this is posted in the wrong place....

Edited by gporter3319

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Hi GP

 

Take a read here :- http://www.consumeractiongroup.co.uk/forum/showthread.php?162131-Statutory-Demands-and-Service-By-Post I have reported your post for further attention from the Site team.

 

Regards

 

Andy


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It is very likely to be a capone debt - Lowells are working overtime issuing stat demands on a bulk purchase by the looks of things.

 

You need to get this set aside - when it has been delivered then you have 18 days to get it set aside. Do write on the envelope the date and time it was delivered.

 

If there is an outstanding s78 request then that is one reason as the account is basically in dispute

 

Do you have any other paperwork, notice of assignment, Default Notice from Capone/termination notice ?


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when is this nonsense SDs going to stop on piddly amounts under £25,000, what happened to the Tory promises, Oh yes "U" Turns.

Edited by Old Cogger

:mad2::-x:jaw::sad:

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Hi,we arrived home this evening to a letter claiming that we had been visited on 3 occasions and that whoever they are are visiting again on 9/1/13 to serve my wife with a Statutory Demand.The only thing we can think off that this might refer to is a Cap one CC we had a few years ago which was sold to lowell. 2 or 3 years back we applied for the credit agreement from Lowell and got the usual stuff back from them which turned out to be nothing more than an application for the card,so basically ignored them and now this.Now my wife is on benefits due to ill health (I work) and we have a mortgage with neg equity and a charging order already on the house.What would be the best route for us to go down? Many Thanks

Sorry if this is posted in the wrong place....

 

So you don't really have anything to lose, by Lowells losing money on bankruptcy. They will issue these SD's before working out whether it is worth going forward with bankruptcy or not. Once they realise that it is not worth it, they won't bother.

 

Anyway, once you get the statutory demand you can try for the set aside and as long as you state valid reasons for this, they are mostly accepted. However, sometimes with a judge lottery, this can fail. Lowells might argue that they fulfilled the CCA request, so failure to action the CCA request is not a valid reason.

 

Suggest that you send an SAR req to CapOne, if it does relate to this and ask them for copies of all statements, as well as all other data they hold. Perhaps there may be charges on the account, you can look to get back and that would help, if you wanted to stop bankruptcy.


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I agree with all that has been said above.....get a SAR sent out immediately, and once you have the demand in your hands you can set it aside. Spend some time reading around these forums, and you will be come more knowledgable. The fact it has been in dispute for a while will hold strong ground in front of a judge. When was the last time you made a payment towards the debt ? is it 6 years ?


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The other possible option is to send an email to BWLegal along the lines of

 

Dear Sir/Madam

 

I am aware that you are attempting to serve a statutory demand on me, the specific particulars of which I am unaware of, however I have to inform you that if it relates to an original dispute, then I will have no hesitation in setting this aside at my local court and will claim my costs in the process. I am sure I have no need to remind you of the Consumer Protection From Unfair Trading Regulations 2008 and the Office Of Fair Trading's guidelines on debt collection.

 

If in the event you continue with this action, bearing in mind any dispute, then when the issue of costs arises I will have no hesitation in showing this and previous correspondence to the judge. Please note the date of this letter.

 

I trust this makes my position completely clear.

 

Yours faithfully.


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Is it still possible for Lowell to force bankruptcy even though there is no money in the house,just because they can.also if the house is in joint names and the debt is in the wifes name how can they?.

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a bankruptcy petition is not an option until they have deemed served the sd, and then after at least 18 days after that if the sd is not satisfied/compounded or set aside. they would then need to petition for bankruptcy (which could also be challenged depending on the circumstances).

some gov't info re bankruptcy etc http://www.bis.gov.uk/insolvency/Publications

Edited by Ford

IMO

:-):rant:

 

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We have no grounds to have the sd set aside and no real chance of having it satisfied due to my wife being on incapacity benefit.Has I said in an earlier comment if they do file for bankruptcy am I still "guilty by association" kind of thing even though the debt is not in my name.Also should I just let them go ahead and file for bankruptcy being has we are in neg equity and also already have a charging order on the house from a another debt.

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why do you say you have no grounds to set aside?

did you see the link posted re bankruptcy?

here's some more info. note 'beneficial interest'. http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=01_bankruptcy

as UncleB says, could might as well apply for set aside, seems nothing to lose by doing so?

Edited by Ford

IMO

:-):rant:

 

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What grounds would I need to get it set aside.Yes saw the link but not quite sure what the beneficial interest means...

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did you send an email as 42man suggested?

when was the last payment/acknowledgment?


IMO

:-):rant:

 

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What grounds would I need to get it set aside.Yes saw the link but not quite sure what the beneficial interest means...

 

as the nat debt line link says, any poss particular bankruptcy would be re your wifes 'interest'/share depending on the circumstances which may end up affecting the whole. also, you say there is negative equity, and other secured creditors which would affect things.

main grounds for a set aside have been posted. dispute, counterclaim (any missold ppi for eg?), amount disputed, statute barred? technical errors, etc

Edited by Ford

IMO

:-):rant:

 

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haven't sent the email yet don't know where to send it to and the last payment was about 2 years ago I think to lowells.My wife paid them twice and then I came across this site and went down the cca road.At 1st they sent nothing and then months later sent all the cap 1 statements .She ignored them

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Just sent the email....

 

oh ok! was going to suggest an addon to it if not already sent! no probs though, see what they come back with.


IMO

:-):rant:

 

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just something cheeky along lines of asking them to confirm in writing that if they do continue to serve an sd that they will in fact pursue a bankruptcy petition in the unlikely event that the demand is not set aside. :)

could've worked either way, but no worries, actually could be good to see what they come back with re your email?

Edited by Ford

IMO

:-):rant:

 

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also, did you do the sar as previously suggested? could do that, may cost a tenner but could be worth it.


IMO

:-):rant:

 

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who do i Sar ?

 

looking back from what has been posted, seems capone. but, maybe best wait abit first see what details if any they come back re your email?

Edited by Ford

IMO

:-):rant:

 

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Right then SD posted thru door today.It appears that its for Monument CC £3565.Defaulted in Oct 2007.Never had any letters of assignment from either original creditor or Lowells.Should I CCA them or offer token payment due to wife being on benefits and having Neg equity.

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