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    • OP stated they had been arrested, but not charged (let alone convicted). They DON'T have a criminal record, but do have an entry on the PNC. That information stays on the PNC (Police National Computer) for life, but doesn't get released in a standard DBS. It only MIGHT get released for an Enhanced DBS (eDBS) check  ... but it would be incredibly unlikely. (The rational behind this is that eDBS's allow for 'information at Chief Officer of Police's discretion' ..... this covers the 2 'barring lists' and is also intended for the scenario where someone has multiple arrests or investigations, where safeguarding is a concern .... it was brought in after the Soham murders / Ian Huntley case, where the information known about the now-convicted child murderer may have prevented his employment in a school, had it been made available). So, for the sake of accuracy and completeness, arrests stay on the PNC for life, wont appear in a standard DBS, MIGHT appear in an eDBS, but in reality, would be the exception rather than the norm, and I can't see them being released  to a defense barrister. What then if the defence found out a different way, and brought it up in court?. Again, unlikely, but the important feature is that the judge would make sure they trod very carefully!. They MIGHT consider using it if there were other factors that allowed them to try to cast doubts as to the truthfulness of your evidence, but on its own : No way. Anyone MIGHT be arrested (if a seemingly plausible complaint been made against them)! The approach to take if it did come up is to be truthful. "Yes, I was arrested. It arose from a vexatious complaint. I wasn't charged, let alone convicted. That could happen to any one of us, if a vexatious complaint gets made" Far better that than lying, saying you'd never been arrested, and getting caught in a lie : that would ruin your credibility. I'm incredibly doubtful it will even come up, though.
    • we dont get N157 because its new OCMC but no court dont have evidence either.   Just seems a bit of a pointless wait but oh well
    • Post #9 suggested some options to avoid or put off having a smart meter. Post #12 a simple solution to your complaint about the ay they handle fixed monthly DD. It's not really clear why you posted if you're going get irate when members "jump in" with suggestions. You can see what I'm referring to on "gasracker.uk" to allay your suspicion that I was lying in Post #16 which was made to correct ther misinformation shown in your Post #15
    • Back to octopus from the smart meter/tariff salesperson. Octopus have now said just ignore the letter - I dont have to have one despite there letter implying (at least) it was required, but that i will HAVE to have a smart meter if current meters stop working as 'their suppliers dont supply non smart meters any more'. They also say they do not/will not disable any smart functionality when they fit a smart meter I am of course going to challenge that. Thats their choice of meter fitter/supplier problem not mine
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Advice regarding ERC Claim


CheeseOnToast
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Hi,

 

I am looking to pursue Birmingham Midshires for an ERC approx £2800.

 

It was fixed rate for 2 years, I bailed around 8/9 months before the end of the second year and was thus charged 2% of loan amount.

 

My concern is that my mortgage was interest only, so the £300 a month I was paying would of come somewhere in the region of £2500 etc if I had paid til the end of the second term.

 

Does this mean interest only mortgages won't really work this with this type of action?

 

Please advise as this would be excellent news for us to pay off our remaining date.

UPDATE -

 

Claim submitted, HSBC have until May 13th to Acknowledge.

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Hi Cheese on toast

 

If there is a penalty involved when closing then claim it. Same rules apply.

 

Ukaviator

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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My concern is that the amount of interested lost in that period I should of been tied in would roughly be equal to the penalty I was charged.. which would make it proportionate.. so would that be legal?

UPDATE -

 

Claim submitted, HSBC have until May 13th to Acknowledge.

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No, wouldnt make it legal

 

Its either a liquidated damages claues (ie. a genuine estimate of their costs caused by your breach)

 

Or its a penalty

 

They may have not received income because you redeemed, but thats not the cost they incurred due to you redeeming - they have no right to that income under UK contract law if you breach, they can only recover the costs caused by your breach

 

If you had redeemed one day into the contract, what would they have charged you? If you redeemed one day before the end of the contract, what would they have charged you?

 

If the answer to this is 2% each time, then how can it the charge possibly be a pre-estimate of their costs caused by you redeeming?

All advice is offered in good faith based on my own research and understanding of the laws involved, however I'm not a lawyer!

 

Please dont rely on annoymous advice posted on a public forum without checking it out for yourself first!

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It was 3% year one and 2% year two so yeah it was bollocks.

 

Thanks for clearing up re the liquidation damages clause, I hadn't read about that yet which is where I found the grey area.

 

Thanks very much for taking the time to respond guys, much appreciated, I will keep you posted accordingly.

 

Cheers

 

Phil

UPDATE -

 

Claim submitted, HSBC have until May 13th to Acknowledge.

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Hi Cheesie,

 

Also worthy of note that they are under a duty to mitigate their loss. They would relend the money elsewhere on your redemption. They are not going to sit and hold on to the money until your tie in period finishes. Therefore they are not going to suffer a loss of that interest. Its their losses which count not yours.

 

All the best

 

Zoot

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