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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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    • 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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Mupster v Halifax **WON**


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Hi all,

 

I am going after NatWest to get my unfair charges back and wasn't going to bother with the Halifax until I calculated that in the last 5 months alone they have charged me almost £500!!!!!

 

So today I'm requesting copy statements.

 

Just out of interest, I telephoned them a few months back because they had charged me £39 for not paying an item when I paid in cash that day to cover it and was advised that the standing orders are debited at 4am and I should have paid in by then (of course I wondered how on earth could I have paid in at 4am!!!!)

 

I was also told on one occasion that I phoned them and they did actually agree to refund a charge (and this one really WILL make your day) that I could not have any more charges refunded for the next 3 years unless it was their fault!!

 

Good luck everyone. We can't let them take our hard-earned money like this.

 

Mupster

;) Mupster
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Guest ian cognito

Yes there's a few only make 1 refund in a set period but thats all I'm after - one refund of all my charges!!! seems fair to me.

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Hi Mupster,

I am interested in how you claim goes. I sent the 'data subject access' letter to the Halifax yesterday requesting info on the manual intervention etc and recieved a reply today (thats the fastest they have ever replied before!) stating that copy statements have ben ordered for past 6 years and they refunded my £10 chq 'in the interest of customer relations' but with regard to the manual intervention, they apparently are not ...and I quote....'under no statuatory obligation to record the information you require, thus are unable to comply with your request'.

Not quite sure where to go from here...any ideas?

regards

cluert

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Guest ian cognito

Yes you get your statements, feed them into the spreadsheet from the template library then when ou have picked yourself up off the floor from the shock of ow much you have paid them, you send the prelim - again out of the template library.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

Good luck!!!

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Thanks Thailand for such a swift response! I doubt I would be able to open an account anywhere else though, although I operate my account in credit my rating's not too hot due to past debts (oh, we don't need a solicitor said my ex - we'll sort it out ourselves - oh how gullible can a girl be?!!)

Guess I'll just keep my fingers crossed they don't fall out with me.

;) Mupster
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Well OK, I could be wrong here, but for once I doubt it.

 

I'm running on the assumption of a BASIC BANK account here and nothing else.

 

I.e no Cheque book, no Electron/Solo and in some cases no means of DD/SO's,

but that depends on which basic acount you go for. The Co-op cashminder comes with all this minus the cheque book for example (see Moneysupermarket.com or MSE for examples) Whilst my HSBC basic only comes with DD/SO ability, and others are in between.

 

I applied to many banks over the net and by phone and got a firm 'NO'.(with the execption of Natwest STEP who initially agreed and later retracted) I actually feel if I had gone into branch with ID, I might have got it.

 

When I inquired 'but this is only a basic account - I can only be refused for this account if I am declared bankrupt' I was told to apply at branch as they can 'overide the system there' If you have the two forms of ID I don't see it as being a problem - mine was opened instantly, to my shock.

 

I would have gone for the cashminder but there nearest branch is 14 miles away.

 

Point being, if you want to open a basic bank account as a PA it can do no harm, you may be left with a savings account that you never use - but you can close it! If it came to the worse it would be there for you,

 

Thailand

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i have just opened a natwest step account too as my parachute and also because they have dd and a solo debit card

Halifax

 

data request handed into branch: 25/09/06

 

statements received: 08/11/06

 

Total Charges to date: £569.00

 

 

1st letter handed into branch 20/11/06 requesting £607.75

 

LBA handed into branch 04/12/06, have till 18th dec to respond....

9th December... SETTLED IN FULL!! YAY!!

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No statements yet - rang online helpline and they are re-ordering them today AND they very kindly offered to refund the £5 charge.

 

Lets hope they're as kind when it comes to refunding charges from the last 3 years!;)

;) Mupster
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At the risk of talking to myself ;) I checked my Halifax account online and guess what - they have TAKEN another £5 charge today for re-ordering the copy statements!!

I phoned them again and was told they would refund me but nothing yet - will check again tomorrow. Thought it was too good to be true :)

;) Mupster
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halifax took 42 days with my SAR so keep om at them

Halifax

 

data request handed into branch: 25/09/06

 

statements received: 08/11/06

 

Total Charges to date: £569.00

 

 

1st letter handed into branch 20/11/06 requesting £607.75

 

LBA handed into branch 04/12/06, have till 18th dec to respond....

9th December... SETTLED IN FULL!! YAY!!

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well you could be cheeky and try lmao!

Halifax

 

data request handed into branch: 25/09/06

 

statements received: 08/11/06

 

Total Charges to date: £569.00

 

 

1st letter handed into branch 20/11/06 requesting £607.75

 

LBA handed into branch 04/12/06, have till 18th dec to respond....

9th December... SETTLED IN FULL!! YAY!!

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  • 2 weeks later...

any luck yet?

Halifax

 

data request handed into branch: 25/09/06

 

statements received: 08/11/06

 

Total Charges to date: £569.00

 

 

1st letter handed into branch 20/11/06 requesting £607.75

 

LBA handed into branch 04/12/06, have till 18th dec to respond....

9th December... SETTLED IN FULL!! YAY!!

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No statements yet - yes, I know, I know....I should have sent a SAR but I trusted them to send them, especially as when I called to check the nice lady put through a 2nd request for me whilst I was actually on the phone :o. SAR will be going 1st class tomorrow as my patience is wearing very THIN !

;) Mupster
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Some of the other threads they rang up and spoke to someone 'higher up' maybe thast worth a try, but still get your SAR done

Halifax

 

data request handed into branch: 25/09/06

 

statements received: 08/11/06

 

Total Charges to date: £569.00

 

 

1st letter handed into branch 20/11/06 requesting £607.75

 

LBA handed into branch 04/12/06, have till 18th dec to respond....

9th December... SETTLED IN FULL!! YAY!!

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Well I just called the Halifax and the statements were sent out to me last Wednesday - the 22nd. Not had the post today yet so if they're not there I'll decide whether to ring them again or do an SAR. At least they HAVE sent them (without the SAR)....my reluctance with the SAR by the way is I don't want to wait another 40 days!!!!!!!!!!!!!!!! Fingers crossed they come today - might not have had the right postage on or something? A girl can but hope!!

;) Mupster
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