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    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes   Did you inform the claimant of your change of address? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.' Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer. I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved. I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
    • You really MUST respond to the Singe Justice Procedure (SJP) notice and do so BEFORE the 'cut off' date.   Clearly, you will need to plead guilty and by doing so, you will benefit from having a one third discount in the amount of the fine issued.   You do not....I repeat NOT need to enlist the help of a solicitor and by pleading guilty, you will NOT be required to attend a hearing.   what exactly is stated on the charge sheet.    
    • I suspect the judge is giving you the opportunity to change [should your wish] anything in your initial defence now that the claimant has played their hand. it doesn't say witness statement but formal defence.   dx  
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Bobcat2

Officer in hidden Van got me for speeding?

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Hi

I have just been informed by my boss that a speeding fine is coming my way ,

it has taken a long time to get to him as the van I drive is hired from a van hire company by the firm I work for.

 

I vaguely recall seeing a van parked at the side of the road one night while out but it was not until I passed it

I saw it was a unmarked Police Van zapping passing motorists.

 

I always have the speed limiter set for where ever I am to make sure I stick to the speed limit and also my Sat Nav tells me as well,

 

 

my question is,

I always thought the Vans had to be in sight and marked?

this one was not in full view but as you passed there was a Police person holding the gun!

 

I know I had the limiter on, my licence is clean, my boss has sent the fine back to the Police with my details on

so a waiting game now but any advice please?

 

I do not think I am allowed to go on a Speed awarness course as am sure I did one either last year or just before :(

 

I am not happy as the van was not visible at all, my boss said to fight the fine when it arrives?

 

Sorry for long post

 

Pete ( Bobcat )


If I owe you money, take a number and join the queue. If you owe me money pay up and shut up

 

 

 

 

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You were caught speeding

Stop making excuses and accept it

If the speed awareness is not a option it will be points and a fine

  • Confused 1

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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If you always have the speed limiter on, to make sure that you stick to the speed limit, how did you manage to go on a speed awareness course?

 

Sam


All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

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There is no requirement for the van to be visible or marked in any particular way - it's an urban myth based on some guidelines which were withdrawn about seven years ago when the way speed camera partnerships were funded changed, and which never had the force of law in any event.

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many satnavs have internal breadcrumb trailers

if yours does

download it and prove you were not speeding.

 

the thing that perhaps your AND you boss

if you are being pressured to get jobs done quickly by him so speed...

 

is speed limits ARE NOT A TARGET

 

its the highest speed you MAY do under perfect driving & weather conditions

 

not one you MUST ALWAYS BUFFER TOO.

 

try living on a main road yourself where people speed for their sole pleasure every minute of every day

 

pers I'd have those vans everywhere one on every road...

 

 

dx


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I asked for advice not a lecture, I was not speeding and the Speed awarness course was some time ago and I learnt a lot from it, they told us there that there is sometimes discretion ,I:E up to 2/3 miles over the limit, and we are not under pressure to do deliveries,

 

If I thought for one second I was speeding I would admit it, I am so careful as already being done for speeding before I know not to do it, my Sat Nav is a Tom Tom and is up to date as I always d/l new things to it.

 

I am sorry if you think I am trying to get away with this but I am not, I was under the impression that Police speed vans had to be on show


If I owe you money, take a number and join the queue. If you owe me money pay up and shut up

 

 

 

 

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I was under the impression that Police speed vans had to be on show

 

If that was the case the only time people would stick to the law would be when one is in sight

 

I got caught 4 miles over the limit but I had to pay the price

Not a lot you can do about this but act on it soon otherwise it will go to court


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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I asked for advice not a lecture, I was not speeding and the Speed awarness course was some time ago and I learnt a lot from it, they told us there that there is sometimes discretion ,I:E up to 2/3 miles over the limit, and we are not under pressure to do deliveries,

 

 

 

The guidelines for the start of enforcement are 10%+2mph, also vans can have lower limits than cars on NSL roads.

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I was in a sprinter van, had the limiter on for 30


If I owe you money, take a number and join the queue. If you owe me money pay up and shut up

 

 

 

 

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have no idea as waiting for it to come, it went to the place where my firm hire the vans from, they in turn sent it to my boss who then informed me, it was before Christmas but it has taken this long for it to arrive. The boss has sent it off to the Police to tell them who was driving so as I say I am waiting for it to arrive, the speed limit on the road was 30.

I had pulled out of another road onto this road and as was driving saw the van hidden, I saw as passed it that is had speed van on the rear door


If I owe you money, take a number and join the queue. If you owe me money pay up and shut up

 

 

 

 

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It doesn't sit right that all the speed vans and cameras around, you know it was this one and you know exactly what speed etc you were doing. You have a very good memory in that case as usually, if you saw one and knew you were within limits, you'd forget it straight away.

 

Lots off factors could cause you to be over the speed limit.

Just pulled out so you could have been accelerating to catch traffic up.

 

Just not aware of speed.

 

Or messing about trying to set speed limiter while in a thirty.

 

Why do you have speed limiter set to thirty in a thirty? Thats exceptionally dangerous. Most likely to need to stop for a child in a 30 yet you are sat there chilled out with your feet off the peddles. Deacceleration is the first form of breaking. Cruise should be for 50\60\70.

 

Either way, best wait until the ticket comes through.

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Why do you have speed limiter set to thirty in a thirty? Thats exceptionally dangerous. Most likely to need to stop for a child in a 30 yet you are sat there chilled out with your feet off the peddles.

 

What your talking about above is "Cruise Control" that does not apply here.

A speed limiter is a separate system (but mainly integrated together with selected options) where you are in full control where you can change gears, brake, accelerate etc. but the vehicle should not go over the pre-selected top speed.

 

A previous vehicle of ours (Ford) disengaged the speed limiter if I pressed too hard on the accelerator, I wonder if Mercedes have the same system?

 

"A lergy infested" Stigman


NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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I have always had the limiter on , there was no other traffic as it was late at night, My sat nav will also beep at me when coming to a speed camera etc, I NEVER mess about adjusting things while driving, I will always do it before setting off, once you have been caught for speeding then I for one would NOT do it again, so guess you are saying 3 or more points on my licence and a £100 fine? it was £60 last time.

I will see what the ticket says


If I owe you money, take a number and join the queue. If you owe me money pay up and shut up

 

 

 

 

[sIGPIC][/sIGPIC]

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What your talking about above is "Cruise Control" that does not apply here.

 

A speed limiter is a separate system (but mainly integrated together with selected options) where you are in full control where you can change gears, brake, accelerate etc. but the vehicle should not go over the pre-selected top speed.

 

 

 

A previous vehicle of ours (Ford) disengaged the speed limiter if I pressed too hard on the accelerator, I wonder if Mercedes have the same system?

 

 

 

"A lergy infested" Stigman

So can he only set it to thirty or can he set it to any speed? His van only ever allowed to do thirty? I assume its adjustable and would therefore be cruise control. A limiter would be mechanical or electrical in nature and would be set to a single set speed like 56 mph.

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So can he only set it to thirty or can he set it to any speed? His van only ever allowed to do thirty? I assume its adjustable and would therefore be cruise control. A limiter would be mechanical or electrical in nature and would be set to a single set speed like 56 mph.

 

I have a ford kuga and I can set a speed limiter on the dash clocks, much like cruise control. Controlled by buttons on the steering wheel, but you still accelerate and brake the same. The vehicle just does not allow you to exceed the speed you have set. Mine is adjustable in 5mph increments up to about 40 I think then 1mph after that I think.

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So can he only set it to thirty or can he set it to any speed? His van only ever allowed to do thirty? I assume its adjustable and would therefore be cruise control. A limiter would be mechanical or electrical in nature and would be set to a single set speed like 56 mph.

 

The 56mph limiter is for HGV's, a limiter in either a private car or light commercial vehicle is driver set to whatever the top speed that the driver selects, the driver can then select not only 30mph but whatever top limited speed that the driver chooses to imput into the system, this is clearly displayed on your digital display.

Depending on your vehicle, our Peugeot can go up in increments of 1mph from 20mph unless you press and hold then it goes up in 5mph segments but is always clearly displayed on the digital dashboard along with your current speed.

 

The op said that he uses his sat nav but these tend to be behind the vehicles actual speed by up to 3mph.

 

The op may also want to contact the leasing Company to see if the vehicle has since been serviced and an adjustment was made to the limiter in-case of an error.

 

"A lergy infested" Stigman


NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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you set it to the speed limit of the road you are to travel on,so for instance if I am to go on a motor way I will set it to 50 or 60 except if there is a control in place like roadworks, it is control by buttons as 2Ltr has said


If I owe you money, take a number and join the queue. If you owe me money pay up and shut up

 

 

 

 

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The 56mph limiter is for HGV's, a limiter in either a private car or light commercial vehicle is driver set to whatever the top speed that the driver selects, the driver can then select not only 30mph but whatever top limited speed that the driver chooses to imput into the system, this is clearly displayed on your digital display.

 

Depending on your vehicle, our Peugeot can go up in increments of 1mph from 20mph unless you press and hold then it goes up in 5mph segments but is always clearly displayed on the digital dashboard along with your current speed.

 

 

 

The op said that he uses his sat nav but these tend to be behind the vehicles actual speed by up to 3mph.

 

 

 

The op may also want to contact the leasing Company to see if the vehicle has since been serviced and an adjustment was made to the limiter in-case of an error.

 

 

 

"A lergy infested" Stigman

 

 

 

 

Yes a limiter that is adjustable by the driver is cruise control. You can set it to the desired speed.

 

A limiter is something that is fitted by a garage and is not adjustable. And a merc sprinter can have a speed limiter fitted by a tachograph garage should it be used commercialy with a laden weight exeeding (I think) 3.5 ton.

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you set it to the speed limit of the road you are to travel on,so for instance if I am to go on a motor way I will set it to 50 or 60 except if there is a control in place like roadworks, it is control by buttons as 2Ltr has said

 

 

 

Yes, cruise control.

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the vans are hired as atm the place I work at do not have any of their own, also I thought you had to receive a fine within 14 days? I appreciate they had to pass it back and forth to find out who was driving the van


If I owe you money, take a number and join the queue. If you owe me money pay up and shut up

 

 

 

 

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Yes, I believe its within a set period, but I'm sorry I dont recall how long.

 

The time limit does reset when a new name is supplied though.

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The time limit does reset when a new name is supplied though.

No it doesn't. The only requirement is that a notice of intended prosecution be served on the registered keeper of the vehicle within 14 days of the offence. Obviously if the registered keeper is not the driver then further correspondence will be required before they can actually prosecute someone for speeding. There is no time limit at all on that further correspondance, except that a prosecution for speeding cannot be commenced more than six months after the offence.

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does that mean I will get a more hefty punishment then? All my licence's are clean atm


If I owe you money, take a number and join the queue. If you owe me money pay up and shut up

 

 

 

 

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