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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
    • Ok cool many thanks!  Much appreciated...I will check everything out now and answer all those questions!
    • 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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Jigsawbitmissing

MBNA Credit Card Penalty Charges, Late Fees, Overlimit Fees

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Hello Everyone,

 

I had an MBNA Credit Card in the early 90's. I have recently started reading about reclaiming the "penalty charges" and looked through some old paperwork I have. I have managed to find a few statements where these "fees" were applied.

 

I have sent them a SAR and was wondering if they will come back with all the statements from the start date of the account or whether I will be told that they don't have them. I should state that I am still paying the debt off to a 3rd party to this date.

 

I hope someone can help me with this.

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Await the SAR and see what they send you. They may claim that they have no data beyond six years although we believe that they do.

 

I doubt very much that you will get all statements back to the early 90's though.

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urm.

 

you wont get penalty charges of that era out of MBNA

 

of all the CCC's the worse

 

none as far as i know are coughing beyond 6yrs without a fight in court.

 

dx


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urm.

 

you wont get penalty charges of that era out of MBNA

 

of all the CCC's the worse

 

none as far as i know are coughing beyond 6yrs without a fight in court.

 

dx

 

Hello dx,

 

I presume a fight in court means fees and also end up paying their costs if I lose?

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Hello dx,

 

I presume a fight in court means fees and also end up paying their costs if I lose?

 

Much depends on the value of your claim. If it falls within small claims then there are fees payable for starting proceedings but exposure to the other side's costs is minimal should you lose.

 

I would wait until you get your data, prepare a spreadsheet of claim and then you will know how much the claim is for.

 

If going back further than six years you will rely on S32(1)© Limitations Act.

 

There is no guarantee that the charges in the last six years will be refunded easily...you may still have to fight for them.


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Much depends on the value of your claim. If it falls within small claims then there are fees payable for starting proceedings but exposure to the other side's costs is minimal should you lose.

 

I would wait until you get your data, prepare a spreadsheet of claim and then you will know how much the claim is for.

 

If going back further than six years you will rely on S32(1)© Limitations Act.

 

There is no guarantee that the charges in the last six years will be refunded easily...you may still have to fight for them.

 

Thank you kindly again ims.

 

Just a thought, would the ombudsman look into these types of claims or would it have to go to court due to the statute of limitations?

 

I will of course heed your advice and wait for any paperwork that might be supplied.

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fos are not generally the best people to go to regarding charges claims. They tend to think tat the OFT decision on charges is the one to adhere to i.e that £12 is acceptable.

 

It isn't....the OFT simply said they would not investigate charges over £12 but only a court could decide on a test of fairness.

 

As the charges are not a true pre-estimate of the costs incurred by the lender then they are a penalty and can be reclaimed.

 

Do some more reading around the bank forums and you will get up to speed on why they are a penalty, the reclaim process and the interest rates than can be used.

 

Also have a look at the success stories in the various bank forums.

 

If a charge was incurred more than six years ago then fos will be even less interested.

 

This is something best done by yourself using the courts.

 

Please be aware that although some lenders cave in before a court hearing, if you are going to pursue this you need to work on the basis that you will need to issue proceedings and will need to appear in front of a judge to put your case.

 

The key is preparation, preparation and more preparation.


If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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fos are not generally the best people to go to regarding charges claims. They tend to think tat the OFT decision on charges is the one to adhere to i.e that £12 is acceptable.

 

It isn't....the OFT simply said they would not investigate charges over £12 but only a court could decide on a test of fairness.

 

As the charges are not a true pre-estimate of the costs incurred by the lender then they are a penalty and can be reclaimed.

 

Do some more reading around the bank forums and you will get up to speed on why they are a penalty, the reclaim process and the interest rates than can be used.

 

Also have a look at the success stories in the various bank forums.

 

If a charge was incurred more than six years ago then fos will be even less interested.

 

This is something best done by yourself using the courts.

 

Please be aware that although some lenders cave in before a court hearing, if you are going to pursue this you need to work on the basis that you will need to issue proceedings and will need to appear in front of a judge to put your case.

 

The key is preparation, preparation and more preparation.

 

Much Appreciated again Ims - will keep reading the threads, which is all I am doing at the moment!

 

The Forum is very addictive!

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