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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 
    • 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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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

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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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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Maxed Out on Credit Both Self Employed: Help!!


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Hi I'm new to the Forum. It looks great.

 

My husband and I are both self employed-I am a private music teacher (also drawing a monthly NHS Ill health retirement pension) while he is a Driving Instructor. We are both in our early fifties and have a thirteen year old child. I was ill health retired in 2008 just as we moved house, and this is where the problems began as my husband was also trying to build up his Driving Instruction business again. This took a good year or so, while it took me about the same to build up piano pupils, by which time our joint debts had grown.

 

Our problem-we have £43,000 in personal loans and credit cards between us. Our house dropped in value by £35000 within a year of us moving in. We have about £43000 equity which as you will see is equal to our debt... the mortgage is on an Interest Only basis however, and we have nine and a half years left with no means of paying it all off, so we will have to move out at the end of our time here.

 

My husband works a six day week and is constantly juggling our money so we can survive on our cash flow. He brings in a salary in real terms of about £24000 a year, mine is about £3500 and I have a pension of £450 per month.

 

£1200 a month of debt is killing us. We're using more debt to survive now (my husband has paid some of his tax bills recently on the credit card.) We have no arrears as yet.

 

We have spoken to the CCCS and can scrape together a couple of hundred to pay off some debt-but being self employed, 52 years old the idea of a Debt Management Plan seems as depressing as being in debt-we'll never pay it off. Selling the house will leave us with zero literally, and I have to teach from home so need enough privacy to do this in any accommodation we take. We have three cats and a daughter who needs things for school and daily life.

 

We don't know what to do-we feel completely submerged and holidays are out of the question.

 

Options:-Sell? Wait until housing market picks up and sell when Equity improves (if it does): go on to Debt Management? Please help. We are making ourselves ill and feel very alone with it. Nb. My illness has affected my employment history and it is no longer good. So I am continuing to build my pupils up. It is a slow process however and meanwhile the wall of debt is mounting.

 

Many thanks

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Hi skintgirl52,

I'm sure the top dogs of this forum will be along soon to get to grips with your debt problems. I'm way out of my depth on this one to be sure but what I would say is don't worry yourself sick with this because it doesn't get you anywhere. There are always solutions to financial debts and problems. The most important thing is your mortgage. I'm positive that this must be your first priority as it's your home. The credit card debts and loans can be managed through writing to them and explaining your situation. Most will at least freeze interest and charges till you get yourself sorted out and perhaps you can offer to pay only what you can afford for now.

 

You owe them money- nothing more. The wise owls on here will get you sorted, Skintgirl. I owe about 8k on cards all told , but my situation is very different from yours. Unemployed, on JSA and no property or assets, so I told them to take a running jump and to accept £5 per month until my situation improves - take it or leave it. They took it.:-)

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good advise

your priority is the priority bills

 

mortgage, ctax,utils [ bar water!]

the rest can go swing!

 

can you list your debts

and check ALL show on your relevant cra files...

 

 

see below

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you. This was a lovely warm reply to wake up to. I'm just so scared about being chased for debt and people knocking on doors and taking stuff away. I think the emotional side has been eating away at us underneath for so long now we're used to feeling strung out. It's hard to work when you feel stressed about money-that's the irony. You want to hide under the bed covers all day. As you say worrying won't solve the problem..

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just be clear

 

NO doorstepper or DCA or fake/tame solicitor are BAILIFFS

 

they have NO SUCH LEGAL POWERS.

 

the ONLY time BAILIFFS would ever be involved in civil debt

is if the creditor took you to court

you failed to pay on the CCJ

then bailiffs might be involved.

 

you are under NO legal obl to discuss your debt to ANYONE on the phone

 

esp some powers less DCA or alike.

 

take control of YOUR money.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi skintgirl, and welcome to CAG. :-)

 

I know exactly how you feel. Many of us have been in similar situations and the help given on this forum is absolutely amazing.

 

dx has given you good advice above so, as he says, list the debts and we'll try and help you to deal with them.

 

DD

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Yes, told you experts would be along, skintgirl!

 

I know it's hard, but try not to ever feel stressed because of credit card debt/loan debt. Your main priorities as dx100uk said is your essentials. Mortgage. Utility bills. Council tax. You simply must pay these. The rest can whistle for it! You can't pay them what you don't have and they know that your priorities lie in paying other people first. They don't like it but there's little they can do. Serves them right as these CC companies are licensed loan sharks, that's all. However , they can't come round and break your legs!

 

Once you get your debts listed up, the others will give you good advice. Please remember that these companies can't do sod all to you - you must always remember this. I worried myself sick before joining here and the advice I received was great. I followed it, wrote to my credit card companies, explained my situation and I'm now paying £5 per month to each. One of them (bank of scotland) decided to employ Moorcroft ( an incompetent shower if ever there was one) after only three months ! to collect my debt. I told them to p!ss off - I'd only pay bank of scotland the money and I'm still doing so. All this was done via letters. I never take calls from any of them and have told them this. They have absolutely no power to harm you, these DCA's. They're full of bluster and hot air - my cat has more legal powers than them.

 

So relax, take a bit of time to post up your debts and you'll get sorted no bother at all.

Edited by valignya
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Hi valignya,

 

I'm very flattered to be included in the "experts". dx is certainly an expert - I know a few things about a few things! :-)

 

You have worked it all out very well. The DCAs can't do anything without going through a legal process, which they seldom do because they know they have to accept a reasonable offer, and it's good, skintgirl, that you have found CAG before you tell the credit card companies that you cannot continue to make the minimum payments each month. I couldn't afford to pay and only found CAG when I was seriously considering driving into the river because I'd been so threatened by lying DCAs - and the lies they tell are shocking: They'll have people banging on your door the following morning, they'll get a charge on your house by the end of the week, and so on, and it's all complete and utter rubbish.

 

I've had enough letters from Moorcroft to paper my bedroom. Has anything ever happened? Of course not. But I didn't know that before I found CAG. I was absolutely terrified.

 

CCCS helped me in that they gave me a reference number which made a particularly nasty DCA back off immediately, but if I'd followed their advice I would have been paying everyone at £1 a week for about 100 years and I would never have cleared the debts.

 

You will get help here. :-)

 

DDxx

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Have you CCA's all your loan/credit card companies/DCA's that are chasing you?

 

DX gave some great advice in post #3. Before you start asking for repayment plans and communicating with them, you need to check for any unlawful charges/PPI and reclaim them, and check if the debts are actually enforceable.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Daniella , I'm sure we both do:whoo:

 

But seriously, I've read a fair bit now about these DCA's and their shockingly immoral tactics. Every one of them are [edit].

 

Some people actually toy with them,

paying them a few quid a month then phone them up telling them they're getting nowt the following month as they need the cash for fags.

The DCA's blow their tops but quickly back off after some well earned dog's abuse.:-)

 

Yes they do play on people's emotions and lack of knowledge.

 

They know all the right buttons to push to hit the old fear spot.

 

A spider crawling around in your bath has more legal powers than the DCA Wombles.

 

I think the worm is turning with them as more and more people are being put in the picture regarding DCA's and their powerlessness,

 

thanks to this great site and others that are around.

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