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    • Hello I hope someone can give me some advice here, as I am at a bit of a loss on how to proceed. This relates to alleged offences under the RTA. Yesterday I received a notification from the local police of intention to prosecute for the following offences: 1 driving without due care and attention 2 failing to stop at a road traffic accident 3 failing to report a road traffic accident At this stage they have only asked me to say whether I was the driver at the time or not and provided a blank sheet of paper to give information about the incident. Going by the location (just round the corner from where I live) I can only imagine this relating to one recent incident, which wasn't actually an accident but more of a road rage event. I was driving past someone unloading or working next to his lorry which had stopped in the road. I wasn't going fast or anything, while I went by lorry man turned around and punched and kicked my car whilst going past him. I stopped and got out and wanted to know what he thought he was doing punching and kicking my car. He then hurled some verbal abuse at me, swearing and he was quite aggressive. I still didn't know what his problem was and said I would report him to his company for threatening behaviour and vandalism for punching my car. I got my phone and tried to take a photo of his lorry and number plate but at that moment he came right at me, still shouting and swearing, so I was worried he may hit me next, as he already punched my car. I thought if the guy hits me I will come off second best, so I decided to retreat. I quickly got back into my car and left. When I checked my phone later the photo I tried to take was blurred and useless, so I thought it was pointless to report the incident to the police, as the guy would not be traceable. Over that I forgot about it until I got the letter yesterday in the post. This is the only thing I believe this can relate to, but I have no idea based on what the three above allegations come from There was no road traffic accident, more of a road rage incident. So I am at a loss what to do. I have 28 days to respond. Should I just say yes I was the driver and was there and see what happens next, or should I already make a written statement on the attached piece of paper they sent me and send that with it ? Is there anyone here who would have a rough idea what to do next ? I tried my legal advice line through my Union, but they have sent me from pillar to post, now say it needs to go to a different department again and that would be chargeable as the RTA comes under Criminal Law. So any advice would be appreciated Many Thanks
    • So a quick update got bounced around two different departments and managed to speak to a DVLA bod , explained the situation and they could see the overlap and that DD payments had been made from Feb , also no formal remiders prior , they gave me a number for the legal dept who I am calling this morning to see what they can do in terms of the SJP notice , still have time to submit this online.  Will update after my chat this morning 
    • filed the defence at same time as suggested @dx100uk
    • Also, I am trying to understand how invoicing a large sum in a 6m period becomes tax fraud?   Is it because if he had invoiced over the £85k threshold he should have been obligated to charge vat?  Which would have meant hmrc would have benefited from the vat amount? So by not charging it Hmrc have lost out on £s revenue?  Is that what makes it tax fraud? So as a self-employed contractor, let's say he invoiced one Co for 200k.  Should he have charged vat on the full 200k (£40k)? Or just on the sum above the threshold (£23k)?  And that by not charging vat, he has knowingly withheld tax £s from Hmrc? And is the payer complicit ?
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Student Loan Company


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Well, this one has me absolutely LIVID.

 

I paid £327.00 paid to Wescott (dca) early last year to settle my student loan.

 

Some months later Wescott claimed I hadn't paid them, so I forwarded the giro credit stub. At the time I asked the SLC what the problem was and they confirmed that I owed them nothing. All to the good. But, it seems that after having paid the debt in full, it Wescott added charges to the amount for administration fees.

 

Now the debt has been passed back to the SLC and they are trying to get a further £60.00.

 

Has anyone else experienced something like this?

 

Jeez!

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Not experienced this one personally but it doesn't surprise me in the least. Have you gone down the SAR route and reclaimed your charges yet? If not you'll probably find you can claim back more than £60. In fact I think if you find that you can claim back more than the £327 you paid Wescott you could argue that the debt should never have been passed to them for recovery and therefore refuse to pay Wescotts charges, but I'm not an expert so wait for someone more knowledgeable to pop along. Another thought just popped in, did you get it in writing that £327 was in full and final settlement? Not dreadfully helpful I know but just wanted to reassure you that someone was listening and bump you back up to the top!

 

Koko

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Koko,

 

Haven't tried the SAR. Will do so today.

 

Here's an excerpt from the letter sent yesterday....

 

"I write with reference to your annual statement received 14.10.2006 in which you state you are still owed £60.63.

I dispute that I owe your organisation any debt whatsoever.

In the spring of 1995 I paid Wescot Credit Services Ltd £327.00 via bank giro credit as payment in full of my student loan. Summer that year Wescot once again asked for the £327.00. Obviously they had lost track of my payment, so I duly sent them a copy of the bank giro stub as proof of payment.

I heard nothing more from Wescot until February this year when, once again, they wrote asking to me for the original amount plus some £40-50 in administration charges. At that time I approached you for confirmation that the debt had been paid which you did during a telephone conversation with one of your call centre workers. I also requested you contact Wescot Credit Services to confirm that the debt had been paid in full, which you did. Trading Standards were also informed of the breach at this time.

Today I telephoned your call centre and spoke with ***** (of team 1, surname withheld). He informed me that the debt had been passed back from Wescot to you, that the £60.63 is outstanding and, if I were not to pay it, my account would once again be handed to a debt collection company. During that conversation I asked that his supervisor call me, which they have not.

I would be grateful if you would write to confirm your error within the next fourteen days."

That might give them something to think about. I'd love to know whether their chasing for money that I obviously don't owe them is a criminal or civil matter though.

Cheers

R

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It sounds very much like you are on top of this one, it's just plain incompetence, we should all be used to that from the SLC by now, but somehow it still shocks us. Great letter! Don't lose that Giro stub! Keep us updated on your SAR progress. You mentioned getting your annual statement, that should show you clearly when this £60 charge was applied, presumably the payment of £327 would be on your sept 04-aug 05 statement.

 

Koko

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  • 1 month later...

Brief update... They insist that I still owe them so I'll be ecalating my complaint and taking the S.A.R/CCA route to try to get some documentary evidence.

 

It is a matter of principal, so I will see this through. But, I do wish there was some mechanism whereby I could invoice them for all the time they're wasting.

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If it gets to court then you can!

 

You can include as part of your claim reasonable expenses - I've heard of one guy on the Bank charges area of the forum say that they had a solicitor freind of theirs say that it would be perfectly reasonable to charge £3 per letter you send and about £10 per hour you spend working on the claim. But good records are essential to this - just make up a timesheet like at work and record when you work on it.

 

Might need to double check this is OK with a lawyer but then you can claim their fees back as part of the claim as well.

 

The Badger

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Oh I think the £3 included the £1 recorded signed for postage.

 

The other £2 is for paper, envelopes, ink cartridges, electricity for the computer, wear and tear on the equipment etc.

 

As long as you have a list of what the £2 is for you can justify it!

I guess in a way thats the essence of the whole issue - the banks/SLC charging £30 for a letter is disproportionate and therefore unfair / unlawful.

 

The Badger

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Hello.

 

Help required!

 

I sent my request for SAR and CCA info on Nov 17th. I got a letter in response saying that they (the evil SLC) will get the SAR info to me by the 29th Dec, and have consequently cashed my £10 cheque...there was no mention of my £1 for the CCA info? What does this mean and what is the next step come 29th Dec?

 

Any help would be AweSome!

 

Cheers,

SLABLAYER

SLC- template letter and £11 sent 17/11/06

Joining the fight against 'the man'

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Hi Rosie,

 

Thanks for the quick reply. My loans were taken out from '94-'98 so I think they fall into the bracket. From reading other threads I'm sure the cut off is '98.

 

Just wondering what to do next. I guess I just have to work out how much I am owed from the charges they have made against me. I think anythink over £12.50 for a fine can be reclaimed. Tell me if I'm wrong though!

 

Any advice would be grand.

SLC- template letter and £11 sent 17/11/06

Joining the fight against 'the man'

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Hi there...

 

My understanding is that any penalty charges the financial institutions are unable to substansiate are recoverable. The point being that they are disproportionate penalties rather than a accurate reflection of the actual costs involved. Do you believe computer generated letter and a stamp costs £12.50??

 

Have a read of some of the of the stickies and the statutes.

 

Rosie

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