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    • Right.    The law says that when you are asked to provide the driver's details you have to use "reasonable diligence" to find out who it was. The diligence you are required to use only begins once the request is made (this is covered in the case of Atkinson vs DPP). So it cannot be held against you if you did not obtain his details before you allowed him to drive the car.    I take it you provided the police simply with his name and address? If you are to defend this successfully you must convince the court that you did everything that was reasonably practical to identify him. But it seems you already know who it was. It just happens he seems to have disappeared.    You can understand the concern of the police. If it was so simple to just name somebody as the driver and you know that person, even if he was genuine, could not be traced, then everybody would do something similar. You have a simple choice to make: you can defend the charge against you on the basis that you have provided the details required, or you can plead guilty for failing to do so. It should not be in dispute that you provided the details; the matter for the court will be whether they believe they were genuine or not. If they do they should acquit you. It is not your responsibility to trace people who are accused of offences but who have since disappeared.   Personally I don't rate your chances of success too highly. You only know him as a "friend of a friend". At the very least you should have checked that he was insured to drive your car. That is something a car owner definitely must do before allowing another person to drive their car. If you had done that (say, by seeing a certificate of insurance to prove the cover) you may have been able to take other details which would help you convince a court hat the person was genuine. As an aside, if the driver was traced and it turned out he was not insured you could be prosecuted for permitting  him to drive your car uninsured (an offence which carries six points).   The outcome if you are found guilty at trial will be a fine of a week and a half's net income, a victim surcharge of 10% of the fine, six penalty points but, most significantly, prosecution costs which will be in the region of £600. If you plead guilty to the offence the fine will be reduced to just one week's net income and the costs will be £85, but six points will still be imposed.   The speeding matter is a dead duck. You were not driving, you have told them you were not, they obviously have no proof that you were so you cannot be convicted of that offence.
    • @defender90 welcome to the forum and it's very interesting news that new say that you have evidence. Any chance that you might start your own thread and tell your story there. We may be able to offer you help – but more importantly, the more threads there are with the name and the business name et cetera in the title, the more likely that Google is going to pick it up and that may attract others. Would like very much to know what the evidence is that you have 
    • Bum deal on Covid tests   https://www.euroweeklynews.com/2021/01/27/bum-deal-chinese-health-authorities-begin-anal-covid-swabs/
    • Hi guys.   Ok - so since I was last here I have set up a new basic bank account, which my salary and priority dd's will come out of from March.   Just wanted an opinion on a couple of thoughts I've had -   1) I have just agreed with my mortgage provider a 3 month covid payment holiday, which will help for the short term - however, I have an overdraft is with this bank. Am I causing a problem if I contact them now about my financial situation, or should I leave it until the holiday ends?   2) My salary has recently come down, which is a contributing factor to my plight - However, my income over the last few months will not reflect this. On my budget sheet, I have put in the new ongoing i and e.  Is my bank likely to turn down my request of freezing interest etc. on this basis? They can see what has been coming in and going out. I'm concerned they'll think I've been creative with my income sheet?! Or can I simply refer to this new situation in the pro-rata letters?   Thanks again.   A  
    • Hello Taxhelper   Thanks again . Your so kind and Im very grateful.   I am about to submit the form in the next few hours. Before clicking the submit button there is a calculation page that has been generated by the site based on the info I provided ( income from PAYe and income from self employment etc...with all expenses deducted). their calcs are correct.   The figures are correct and I do owe them a sum as well as 1st payment on account for 20-21. I just am not sure I can pay the lot by 31/1/2021 because I did not anticipate that the hospital may not be able to pay me on time ( my jan pay). Thats because I did submit my 'timesheet' to the HR on time but they delayed processing it in time for it to be paid by the end of this month. They have said they have asked for an exceptional CHAPS payment to be made but I remain uncertain whether they will pay it into my account by then or not. thats why i wasnt sure if its best to call HMRC and give them the heads up or not.  
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MBNA Debt - With Aktiv Kapital - HELP!!


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Hello All,

 

I posted some time ago about some potential debt issues and was advised to get my current credit report and then post in the corresponding forum for that debt. I have done that, and now I really need to know how to solve it. ANY help would be greatly appreciated!

 

Basically, I have four things on my credit file which are defaulted and I need to get rid of one way or another. One of them is MBNA.

 

Credit Card from MBNA - with Aktiv Kapital

  • Current Balance £17xx
  • Default/Delinquent Balance £22xx
  • Default Date 11/2009
  • Opening Date 03/2007

 

I need to clear my credit file and really start rebuilding properly. What is the best way to do this and get rid of this & sort it out finally? I have a steady job now and in a better position to sort this out.

 

Any help is greatly appreciated - thank you so much.

Edited by itsallover
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ok next step is get an sar off to MBNA and get all the statements

 

lets look for PENALT charges & PPI.

 

as it stands here...

the whole debt will vanish off the file on the defaults 6th birthday

does not mean its not then owed, but that's the bottom line.

 

paying this debt off, will not, in most cases

result in it clearing or improving your rating any quicker.

 

there are some debt owners that will remove the default upon a F&F offer

AK is not usually one of them.

 

get the info 1st via sar

lets see what cards we are playing with first

 

have you ever sent AK a CCA request?

 

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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ok next step is get an sar off to MBNA and get all the statements

 

lets look for PENALT charges & PPI.

 

as it stands here...

the whole debt will vanish off the file on the defaults 6th birthday

does not mean its not then owed, but that's the bottom line.

 

paying this debt off, will not, in most cases

result in it clearing or improving your rating any quicker.

 

there are some debt owners that will remove the default upon a F&F offer

AK is not usually one of them.

 

get the info 1st via sar

lets see what cards we are playing with first

 

have you ever sent AK a CCA request?

 

dx

 

I have not sent them an SAR or CCA request.

 

I am prepared to do either if it helps. Which is best to send first, or should I send both at the same time?

 

Many thanks,

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get them done

 

ak cca don't sign it

 

mbna sar sign it

 

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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Share on other sites
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