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    • Holding my hands up I was a naughty boy driving a transit van along the A55 in Wales in February and exceeded 60mph in what I thought was a 70mph zone. ( all to do with the weight of the van). When I realised the error of my way I took the fine and sent my licence off by Royal Mail. Yesterday I received a letter from North Wales Police saying that I was now being prosecuted in court for failing to surrender my licence. I paid the fine as soon as I received the £100 penalty letter and carefully read the form ( which is confusing to say the least) and immediately took a walk to the post box and sent my licence off. In hindsight I’m a fool for believing that the licence would get to the HMCS in Loughborough without the need to track and trace the letter. I still believe that Royal Mail hasn’t lost the letter with my licence in it as I have never had any other letter go astray. I believe the licence is with HMCS it’s just not yet been processed probably due to Covid backlog. Seems Covid is to blame for everything these days. How can I avoid this going to court? I’ve never had a speeding ticket in over thirty years of driving or any other ticket hence why I was keen to comply with the ticket and send my licence off as instructed.
    • Rejection letter to be sent to the FOS   I am declining your decision of 13th April for the following reasons:   Much of your decision is predicated on your view that Aviva had a “process” in place and that they followed this process and as a result their decision to enter an insurance contract in 2015 despite their misgivings was fair.   1.      Nowhere in your decision have you explained what the process was and whether in fact the process was fair. Clearly your view is that with regards to that process, all that was needed was for Aviva apparently to follow this process and any outcome would be fair and regardless of the fairness of the process.   2.      On 2 June 2021 I received a telephone call from the Aviva complaint team. During the conversation, they informed me that in fact that in 2015 the call handler had been wrong and had not followed the correct process. The Aviva caller told me that it was not part of the process for the call handler in 2015 to refer her suspicions to her manager. Clearly, if the call handler in 2015 had adhered to the correct process and allowed herself to be guided by her own suspicions then Aviva would not have agreed to provide the insurance cover and they would not have become the victim of fraud. In fact what we find is that the correct process and the very serious suspicions of the call handler were overridden by a manager. Evidntly either Aviva has misled you as to the nature of the process or else they have not disclosed their process to you. It may even be that Aviva does not have a written “process”. They only have “a way of doing things”. If it is correct that you have not seen the Aviva process but have simply taken their word for it, then it is clear that your investigation is flawed and your decision has fallen short by any reasonable standards. If on the other hand Aviva has misled you as to the nature of the process, then I think you have a very serious issue with Aviva. I believe that you have never once seen the “process” upon which you are purporting to rely upon in your decision. You may be interested to know that the man who defrauded Aviva also attempted to use my identity to defraud a number of loan companies. I’m pleased to say that all of those companies exercised sufficient diligence that they did not become victims of the fraud. Only Aviva failed to exercise proper care and allowed themselves to be defrauded. You may also be interested to know that the police have interviewed me and they have interviewed my brother and they are preparing to charge my brother in respect of his fraudulent activity. I am under no suspicion whatsoever. The police have informed me that they will be speaking with Aviva facing fairly soon.     There are many other reasons why I am refusing to accept your decision. All the other reasons turn on the fairness of your decision but the reasons above go to the heart of your own investigative process and the quality of your decision. It is not insignificant that I have submitted a Freedom of Information Act request and also a Data Protection Subject Access Request to you and so far you have failed to respond within statutory deadlines. I have also sent Aviva a Subject Access Request and they have extended the deadline for compliance by a full two months for spurious reasons which I do not believe. I have also asked Aviva for sight of their policies and procedures in respect of the rules that they apply to their customers for the setting up of new business.  Needless to say I have received no response. The Aviva website makes a show of being aware of the dangers of domestic financial abuse and they trumpet their association with the organisation Surviving Economic Abuse and they say that their staff are all trained in spotting the signs. I have asked to see their abuse policy and I have received no response. None of this is surprising.    It is clear that Aviva have acted carelessly. They were suspicious but preferred to get the new business.  Aviva are complicit victims of the fraud. It is Aviva which is the victim of fraud but they prefer to try and avoid their responsibility and pass the buck onto me. I’m pointing out that it is Aviva which is the victim of fraud because I can state categorically now that I have no intention of paying any of the money which Aviva is demanding of me. I notice that Aviva prefers to harass me for an alleged debt rather than simply bring a claim in the County Court where an impartial judge would look at all the evidence including information which so far Aviva has declined to disclose.   This letter is intended to decline to accept your decision but also is intended to be my formal complaint which I wish to be escalated to the Independent Assessor. Please confirm receipt of this complaint, that it is being forwarded and  provide me with any policies and guidelines to the Independent Assessor route and also let me know the timescales involved. I will want to provide further information to the Independent Assessor.   Yours faithfully
    • The G7 hasn't gone to plan, has it?   Rather than showing the UK off as a potential global leader, Johnson has probably started a trade war with the EU and is being told that other nations don't trust him.
    • Hi   I assume this mattress was the Tenants own property?   So after moving out the Tenants provided an attachment showing a stained mattress and wanting full deposit back and threatening to claim against you for this.   1. Tenants failed to notify you of this stained mattress issue until the end of tenancy after they had vacated the property.   2. You have no evidence that this was the actual mattress used in that property nor evidence to back up there claim the staining caused this mattress damage.  (i.e. one of them could have had an accident and wet the bed or done this when they moved from the property).     3. Ask them that you wish the mattress independently inspected. (which you are fully entitled to do and if it proves this claim is false it will be added to the deposit claim by you the landlord for damages as well as the Garden if you need to get landscapers in to carry out the work that should have been carried out by Tenants as per Tenacy Agreement and raised  by yourself (Landlord) on a few occasions which Tenants failed to rectify even at end of tenancy.   4. Ask them to provide you with the contact details of there Contents Insurance Company (tenants whether Private or Social Housing should always take out and have Contents Insurance but is up to that tenant) bet they don't provide it Big question is the Deposit protected in a Tenancy Deposit Scheme (TDS) and those Tenants that have left were given a copy of the Prescribed Terms for that TDS? (Bear in mind you may need to tell TDS that you are in dispute with the Tenant about damages i.e. mattress and Garden)    
    • plenty of time to research and calm down. nothing much to do until the end of june.    
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La redoute / Redcats default removal attempt


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Hello everyone,

 

I'm wondering if someone can point me in the right direction please.

 

I have a default registered by Redcats on 12/12/2011 for £134. It was settled in jan 2012.

At the time it was an account I rarely used and I thought I had a direct debit for min payment set up but a combo of changing bank accounts and having my head up my bum resulted in this default.

It is now causing me hassle as I want to move house and mortgage deals are restricted and I have come to the conclusion that I've rolled over and let banks etc away with enough over the years and if there is a way to try and get this off my credit record I'd like to do it.

 

What I've done so far is to write to them and ask them for a signed copy of the credit agreement and the default notice ( which I genuinely don't recall ever receiving). They sent back a copy of general terms and conditions, they don't have a signed copy. I got the template from this site - thanks!

 

I've since read various threads that suggest this approach is a dead end. Can anyone point me in the direction of a thread with the most recent thinking in this topic ?

Thank you

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Hi, yes the lack of the agreement does not been the debt does not exist, also default notices are not routinely stored as hard copy, all is required is that the creditor makes a note on the customers records that a DN was sent on a certain date.

The usual challenges to a default are that the default was placed unfairly e,g the default sum was made up of charges, or the default was place late i.e more than 6 months after the cause of action.

If you want details of data such as the date the DN was sent you will need to make a Subject Access Request under the Data Protection Act 1998 which obliges the creditor to supply all data relating to you and the account, there is a £10 statutory fee to pay, and the creditor has 40 days to comply, you can use the template from the CAG library

 

At this stage I cannot see any valid reason why the creditor would be obliged to remove the entry.

 

The only faintly possible remedy may be that the default was satisfied in a very short time, you would need to appeal to the Data Controller at the creditors head office,

 

I would recommend the SAR first.

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Thanks, yes I did wonder if appealing to their better nature might be the way to go.

I will do the SAR but unless there is no default notice date on there I guess I'm back to route one above.

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The default notice should be recorded, make sure you specify that you want the DN (you may just be lucky) that in that occasionally a DN is kept, to be of help though it must

be 'faulty'.

TBH it would be easier to challenge this if the debt was still owed, there is more leverage that way.

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That's a bit of a pain then really. The rest of my credit file is relatively clean now but this £134 could end up costing me £££s. I think La redoute will be sick of me quite soon.

I may write to their data controller at the same time as the SAR and see if I get anywhere.

Thanks for the info.

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That's a bit of a pain then really. The rest of my credit file is relatively clean now but this £134 could end up costing me £££s. I think La redoute will be sick of me quite soon.

I may write to their data controller at the same time as the SAR and see if I get anywhere.

Thanks for the info.

 

You're welcome!!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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