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    • Then be prepared to get your cheque book out.   You will be served with the evidence the prosecution intends to rely on to convict you when you receive notification of court action. This will almost certainly be in the form of a "Single Justice Procedure Notice" (SJPN). They have six months to begin court proceedings and in most areas take all of that. You will be given three options:   1. Plead guilty and have the matter heard by the Single Justice (a hearing which you cannot attend).   2. Plead guilty and opt for a hearing in the normal Magistrates' Court (a hearing which you can attend).   3. Plead Not Guilty.   If, after viewing the evidence, you decide on (1) or (2) you will be sentenced in accordance with the sentencing guidelines. These suggest a fine of half a week's net income (maximum £1,000, reduced by a third for a guilty plea). You will also pay a surcharge of 10% of the fine (Minimum £30 - or £32 if the offence was committed on or after 28th June 2019) and costs of £85. You will also receive 3 penalty points. So you can see that the costs and surcharge will exceed £100 before you consider the fine.   If you choose (3) you will have to rely on either (a) the prosecution being unable to prove its case or (b) successfully rebutting their evidence. The cost of failure here is high. You will obviously lose your one third discount for a guilty plea and the costs will increase to as much as £620.   You can see that you "old fashioned" approach could cost you dearly. But you takes your choice and pays your money  😪  (or hopefully not  😀).
    • I was not aware that mitigation can also apply to actions taken after the event. I have not outlined this to date, I will write another letter stating this given I now use a monthly travel card and would never attempt it again. However, the Court date is in 10 days so I'm not sure I would receive a response in time.. seems to be worth a try though.    Thank you dx100uk. 
    • Sorry, but I don't understand. Am I "quoting" unnecessarily? I'll stop that, henceforth, if so. That said... "any claim, though I cant see why this mbna is not concluded, so why the confusion....." confuses me as I cannot contextualise your reference and thought I had intimated I am concluding the MBNA claim and no longer pursuing my SAR request, following your help in that query.   I am simply wondering if your last reply refers to this (MBNA SAR) thread or my more recent (general PPI enquiry) thread, is all.   Apologies if I am not helping myself through helping you, in this. I am trying as best I can, though. And am grateful for your help.
    • Ok great, thank you I will give that a go tomorrow will let you know how I get on.    C
    • Get on the phone ( record the call if you can) and make a formal complaint.   The accounts problem is probably just staff holidays and your account is waiting in a queue to be paid.  Most companies allow about 15% of staff to take holiday during the summer. Then you have parents who only work term time etc etc.  It means there is always a backlog around this time of the year.    If you complaint, you will get your payment.
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Credit Reference Agency and Statute Barred Debts

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I have a disputed account that was passed among various lenders over the years as one bought from another.

 

On each occasion as and when I was contacted I responded repudiating their claim.

 

None of the companies involved attempted to prove their claim in court and now the matter is statute barred.

 

Upon receipt of the latest letter I responded to the current holder of the alleged debt in writing

advising them that as this had been in dispute for over 5 years

that under the terms of the Prescriptions and Limitations Act (Scotland) 1973

that the matter was now time barred and any further attempt at collection could be construed as harassment.

 

They have responded acknowledging my obligation to pay is now extinguished

but highlight that they will continue to report the matter to Credit Referencing Agencies.

 

Now I know that a debt becomes Statute Barred in England at 6 years

and this corresponds with the maximum time a bad debt is listed with Credit Bureaus,

 

but I thought in Scotland that it was 5 years for both.

 

Can someone please clarify?

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Hi,

 

It'll stay on your Credit File for 6 years in Scotland.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Help keep it up and active, helping people like you.

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RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Many thanks for the prompt clarification maroondevo52

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Many thanks for the prompt clarification maroondevo52

 

No problem, still seems mad the debt no longer exists but they can still report it.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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It does indeed and that is why I thought is was 5 years for both in Scotland

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is the debt not defaulted then?

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

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