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    • There are a number of reasons why you may not have been issued a notice in the post within 14 days. If you were stopped by the police it may have been given verbally. In the case of speeding offences, the police may issue you with a conditional offer of a fixed penalty of 3 points and £100.00 fine by post or an offer of a speed awareness course. If the offence is considered too serious for a speed awareness course or fixed penalty you may be charged with an offence which normally occurs by way of the issue of a Single Justice Procedure Notice. If the vehicle within which the alleged offence took place was registered to another person or company there is technically no need for a notice to be issued to the driver. After the police have obtained details of the nominated the driver, they will normally send the notice to them, although there are no time limits within which they must do so (provided that the notice was received within 14 days by the registered keeper of the vehicle). In such circumstances, a person may receive a notice several months after the alleged offence too place but still be prosecuted. A Guide to a Notice of Intended Prosecution | Motoring Offence Lawyers the above copy n paste link has purely been copy n pasted here to inform you of the regs, which you could have done yourself by, as this is, a google search......... we do not ever recommend using such offered webservices! dont dx    
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    • Hi All. I was driving in Stevenage down a 40 road after coming off the motor way, i noticed my car felt a little "weird" i accelerated, then slowed the car down.  Shortly after i got stopped by a manned police car with a laser. During the stop the officer stated i was doing 54 in a 40, the conversation was short, but he said i would unlikely get a awareness course and it was most likely 3 points and a fine.  Mrs thought it was a good idea to have dairy when she is lactose intolerant on date night, we just got on our way.  At the time, i didnt admit to the offence, but did say i didnt realise and had slowed down in any case. The officers chest camera was recording and on. At the stop, he asked where to send the fine to, as i knew i would be travelling to visit family up north, i provided my temporary details at that location in Yorkshire. It is now 05/05 and i haven't received anything at either my home address in Stevenage or the temporary address. 1. Is there a time limit in which paperwork needs to be sent to me. 2. Should i query the ticket as i don't want to miss any deadlines (if so who do i check with?) OR should i keep quiet. 3. Given nothing has arrived in 20 days, is there a chance of appeal if and when it comes through? Many thanks CrazeUK
    • Hi All. A family friends car was having issues when she was on a trip visiting family up north at the begining of January.  She ended up leaving it at my friends garage in the same location, who parked it on his forecourt to investigate the issue, howver he said most likely it is beyond economical repair as its a serious gearbox fault. In the meantime i replaced her car with one of my spare cars. The insurance on the car then expired in at the end of January.  When the insurance expired, I sent a paper V890 paper as i didnt have her V5 Reference number in hand to do it online (i have a copy of this).  She didnt mention she hadnt received any confirmation as she didnt know if she would get one.  She then cancelled her road tax at the end of March (i think) as she was paying by DD. She then was travelling up north so didnt get her mail until last week. She received a letter dated 09/04/2024 stating she had failed to insure the vehicle and there was a £100 fine which could be reduced to £50 if she responds by 11/05/2024.  As soon as we noticed, i got her to dig  out the V5 and SORN'd the vehicle.   My friend has been a bit slow in checking the fault, however i suspect it will still be scrapped and is still on his forecourt. Is this possible to appeal?
    • worthy to not forget Just to let you know this bunch Kensington have been fined £1.225m by the financial regulator for treating borrowers who were in arrears unfairly. Claim those charges back plus the interest and tell them not to add any more to the account. There are a few news stories here you can get the info for a letter to send to them. http://news.bbc.co.uk/1/hi/business/8615870.stm  
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GE Eviction THreat +£9k arrears= **WON++COSTS AGAINST GE - judge very scathing of GE's solicitor**


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Hi Ell-enn,

OK, it looks as if there was a repossession hearing in 2012 - did your friend know anything about this? No he did not know about this.

 

We have phoned the courts today and they were closed on the 24th so would not have received the application until 29th and she stated it is taking between 10-13 days to process anything.

 

Obviously as we/he digs deeper more and more things come to light.:-

1) If they had an eviction order in 2012 but the arrears were paid in time to avoid them being evicted why would that order still be valid today even though it's 3 years on and satisfied?

2) Also would the court order not show on their credit files under public information sector of their credit report if it's still valid?

 

They may have sent him paperwork but he has not seen any of it as his wife got to it before he did and has destroyed everything,it's only by chance he found out about the latest problem.

 

After looking at the arrears in more detail and understanding what they said to him on the phone it appears the arrears are £9,000 and there is possibly another £4,500 fees and costs to be added they said( GE Money)

 

As he his a self-employed tradesman he has the opportunity to earn money and i can honestly say that if he knew about his wife not paying the mortgage he would of sorted it sooner.

 

He has the scope to pay these arrears off over the next 3 months if not sooner,thats with the help of friends,family and his earnings.

He is proposing to pay £3,000 + £737 on or before the 28th of each month Jan,Feb,Mar.

 

He has also taken full control of all financial matters and is opening a seperate bank account where all bills will be paid from,having all post redirected to a po box.

He just needs GE Money to give him time to clear these arrears and we will be looking at the history of the account once we've got the SAR back to understand whathas gone on over the years and hopeully he will be able to reclaim some charges and fees from them..

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Hi All,

Has anybody else have any thoughts on the best forward for my friend as he is panicing now.

Understandibly people have other things / committments but i just need to re-assure him.

Would it be best to phone them tomorrow and for him to make the offer or golden rule..keep everything in writing.

Any thoughts appreciated.

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If he can offer to pay something off the arrears on top of monthly payments, no judge will allow an eviction to go ahead.

 

Has your friend adjusted the budget sheet to reflect a 5 working day week ? It is vital to ensure that any arrangement is realistic and as Ell-enn says, your friend can always pay extra if he can afford it.

 

Keep off the phone at all costs. You need written agreement to ensure there are no misunderstandings.

 

Re-read the advice already given and stop panicking! :)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi Caro,

I'm not panicking (well a little bit) but my friend is,he's on the phone every 30mins asking if Ell-enn has wrote his letter yet.

He's coming round first thing in the morning to take it the post office!!

 

He can more than pay something of the arrears every month and he's done his expenditure sheet, he is unsure and i'm not clued up, on what the process is as far as going to court etc he would rather avoid this although sometimes it's probably better togo to court and get an order from the court so they can't get heavy with him so long as he sticks to the courts order of course.

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As I said previously, he can apply to the court for a hearing in front of a judge to get the eviction stopped (I can help with the paperwork for that). However I think he is extremely foolish to offer £3000 on top of the normal monthly payment when that amount cannot be guaranteed - if he misses just one payment they will apply for eviction again and a judge may not be so lenient a second time.

 

One thing that is puzzling me - it appears that there was a court hearing in 2012 and you say he paid off the arrears to stop repossession, but he also says he knew nothing of the court papers - how did he know he had to clear the arrears?

 

The suspended possession order from 2012 will still be in place as there was no application by your friend to have it removed after paying off the arrears and therefore GE can apply to the court to have it enforced as he is in arrears again - by the amount of arrears it looks as though at least 12 months payments have been missed since then.

 

Have a look around the repossession success forum, you will see there are a great many people have kept their homes by fighting an eviction notice.

 

I'll post a letter shortly when my visitors have left.

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Hi Ell-enn,

He knew nothing about that eviction / possession order until this week.

His wife has been very discreet and on that occassion she had to pay £6,000 and he knew nothing about it.

As far as he was concerned all bills,mortgage etc were paid and upto date and it's only by chance because he is on holiday the post arrived and his wife tried to hide a letter but he saw her and when he found out what it was he couldn't believe it.

We done the obvious as always advised on here, check credit reports etc and when i showed him the history on experian he nearly had a heart attack,totally oblivious to the problems.

He too can't understand why his wife never said anything to him but that's for him to sort out.

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What other things are on his credit report? if there are any loans/HP/credit cards etc they will need paying and will have to be shown in his budget sheet. Are you sure he has no car finance, loans or credit cards ? overdraft ?

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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I wonder if the arrears from the last hearing were completely cleared.

 

I can understand you friend worrying but I completely agree with ell-enn that he shouldn't offer such a large amount. Say he had some health problem that prevented him working 7 days a week for 3 months, he'll be back to square one facing eviction. He will not be helping his family if he kills himself trying to pay off arrears. Keep it manageable and real.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi Ell-enn,

He has no HP,Car Loans,Credit Cards etc.

What he does have and has not a clue who,what,where.... is a debt owing to Hillsden for £700.

He doesn't know what its about and i've advised him to ignore that for now as we don't even know if it's valid and whats it's for.

 

Hi Caro,

You are right it what you say as his trade can be hit and miss being self employed, but he has enough work for at least the next 6 months and he his someone who believes in paying his way,hates owing anybody anything especially money to anyone if anything he would give you his last penny.This has totally devestated him to say the least.

 

Caro,

The arrears must have been cleared as there is a green marker on the credit file then it goes orange again then red.

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OK, affixed is the letter to send to GE - it would be a good idea for him to send it special delivery (for delivery on Monday, not Saturday as there will be no-one to sign for it) it will cost just over £5, but worth it to make sure it gets there. He needs to keep the postal receipt in a safe place so he can check on the royalmail website a few days later to print off the signed for proof of delivery - we will need that to show the court he sent a letter and they received it.

 

Read the letter carefully and put in the information where there are XXX's. I strongly suggest he does a budget sheet with just normal working earnings and offers a realistic amount, say £500 per month towards the arrears - a judge would think that amount is more than reasonable. If possible can you post up the new budget sheet before he sends it please. I will be on line in the morning and will look out for it.

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Hi Ell-enn,

Thanks for the letter really appreciated,attached is the budget sheet.I have advised him to take into account yours and everyones comments and hopefully this is more realistic and manageable and are ready to send this if you think its ok.

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Hi, you need to take the GE home lending out of section 6 - the arrears payment is already shown in section 4. The budget shows he has another £112 pounds left over each month - does he pay a into a private pension plan as he is self employed ?

 

Also, I think a judge would look on £500 a month on cigarettes as excessive, but I guess you'll have to take a chance on that.

 

Make sure the letter and budget sheet are sent special delivery for Monday.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

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Hi Ell-enn,

We have amended the sheet.

The amount on cigarettes is for both as they are both smokers.Should he reduce this as he is on about stopping anyway.

 

He does not pay into any pension scheme as his house is his pension and his wife works for the local authority.

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If he reduces the amount for cigarettes it will show he has more left over each month and therefore will be expected to pay more towards the arrears - it might be an idea to reduce the income as he is self employed and nothing can be guaranteed.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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As he's self employed, has he taken into account holding back payments for tax and NI?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...

Hi All,

 

Just after more advice please.

 

My friend sent the SAR request off and

 

 

has a response acknowleding it and it also stated that they can only provide telephone transcripts for the last 3 years,is this right?

 

He also sent the letter off that Ell-enn advised and

 

 

they receieved this on Monday,

got proof off RM website but have had no response from them so far.

 

Now bearing in mind they are saying they are going to court for repossession(letter from solicitors)

 

 

what would be his next course of action.

 

 

I've told him to phone the courts on Monday

but he has no reference number or case number to refer to

so how can he find out what's happening?

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If they received the letter on Monday then it's unlikely he will get a response until next week, best to wait and see what happens next. If he gets a notice from the court we can help with the defence to stop eviction.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi Ell-enn,

Thanks for the advise.

He's just getting a bit nervy.

 

Ell-enn,

Quick question,

Is it right what they say about the telephone transcripts,i thought they had to keep everything for a minimum of 6 years!

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Hi Caggers,

Update.

Having sent off a proposal offer as advised two weeks ago

 

 

he has received no response from GE,

 

 

he checked with the courts yesterday and they GE / Eversheds have NOT lodged any papers for eviction YET

as they had previously threatened on the 24TH December.

 

Now the only correspondance he has had is a letter from NCI attached.

 

Any advice on what his response should be.

 

Ok,just been through his SAR and the charges are outrageous.

Since 2010 they have added approx £4,500 :jaw: in charges ranging from £40.00 admin fee,to £48 debt councelling fees WTF these are, god only know's.

Listed is a description of what they have added:-

 

DIRECT DEBIT RECALL CHARGE.

ADDITIONAL INTEREST.

SOLICITOR INTERIM LEGAL FEES.

DEBT COUNCELLING INV.

MISCELLANEOUS REPOSSESSION CHARGE.

VALUATION FEES.

ADMINISTRATION FEE.

 

 

Are these charges legal or can they ALL be reclaimed.

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Ell-enn,

Quick question,

Is it right what they say about the telephone transcripts,i thought they had to keep everything for a minimum of 6 years!

 

 

notes yes

if the person was in hardship or an arrangement

its usual for companies to hold those comms in recording.

 

 

C&G told me mine would be kept for 6mts after the arrears were ever cleared.

HTH

 

 

dx

 

Hi Caggers,

Update.

Having sent off a proposal offer as advised two weeks ago

 

 

he has received no response from GE,

 

 

he checked with the courts yesterday and they GE / Eversheds have NOT lodged any papers for eviction YET

as they had previously threatened on the 24TH December.

 

Now the only correspondance he has had is a letter from NCI attached.

 

Any advice on what his response should be.

 

 

tell 'em to bugger off.

 

 

they'll charge upto £150 per visit

 

 

the fees [which might already have been levied]

are reclaimable inc them on your charges listed

 

 

dx

 

Ok,just been through his SAR and the charges are outrageous.

 

Since 2010 they have added approx £4,500 :jaw: in charges ranging from £40.00 admin fee,to £48 debt councelling fees WTF these are, god only know's.

Listed is a description of what they have added:-

 

DIRECT DEBIT RECALL CHARGE.

ADDITIONAL INTEREST.

SOLICITOR INTERIM LEGAL FEES.

DEBT COUNCELLING INV.

MISCELLANEOUS REPOSSESSION CHARGE.

VALUATION FEES.

ADMINISTRATION FEE.

 

 

Are these charges legal or can they ALL be reclaimed.

 

 

yes all bar the sols fees [check they were levied within/around the time of any court papers/moves]

 

 

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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please use the CISHEET

 

 

put their int rate in cell D15

 

 

you cannot reclaim sols fees if within the timescale of any court process

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

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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  • 2 weeks later...

Hi All,

Update.

After having received an uninvited visit from NCI and taking DX's advice

 

 

he sent him a text message saying not to come etc

and to be fair the agent responded and accepted my friends instruction

this was last week.

 

Fast forward to today he has received the attached letter.

 

Any advice on what todo.

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