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    • Good evening DX100   Here is a draft of my response to the court order.  I would be obliged if you could review it and avise me if I am on the right track.   Defendant Statement of Position in Response to the Order of the Sheriff   The defendant suffered Severe Depression illness almost 12 months prior to the closer of the Bank account. HBOS was made aware of the defendant illness.  A Medical Certificate dated 15 Sept 2017 was handed over to the bank as a proof. (A copy of the report will be submitted exclusively to the court review) The defendant, with the support of her ex-partner, sought a resolution from the OC regarding the escalation of her OD account, which it was mostly formed of extortionate bank charges/penalties being applied to the account. HBOS agreed to reduce the outstand OD sum to £XXX and closed the account. The defendant is confident that her ex-partner has settled the agreed sum with OC, but not absolutely certain, considering her health state at that time. She has been actively trying to reach for her ex-partner for documented evidence, but the fact that, we believe, he is a currently deployed by the UK military forces abroad and communication has been, to put it politely, very difficult due to the nature of his deployment. As the court is aware, the defendant has been trying to retrieve the data of her dealing with/from OC which it should reflect history of the above.  The defendant has already written twice to HBOS, as well as visiting her bank branch, on 01 March 2021, in person demanding the requested data.  HBOS promised to send the data to her as soon as they can. In addition to the above reasoning and contend, the defendant refute the claimants claim is owed or payable.  Due to punitive and extortionate fees the facility became untenable. Any alleged balance  claimed will consist totally of default penalties, punitive charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety and any alleged balance was due to punitive and extortionate charges . It is expected that the Claimant prove the allegation that the money is owed. Therefore the Claimant is put to strict proof to:-               a.    Provide a copy agreement/facility arrangement along with the Terms and Conditions at inception, which this claim is based on.               b.    Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.               c.    Provide a breakdown of their excessive charging/fees levied to the account and justify how the Claimant has reached the amount claimed.               d.    Show how the Claimant has the legal right, either under statute or equity to issue a claim.               e.    Evidence how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.     10.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Same thing. The fact that you declared £4.99 means that is the extent of any reasonable foreseeably consequence. Just go for that small amount. If they cause any problems then you can have a laugh when they spend many times more than what you're claiming in order to resist you. In future, when you contract with somebody – you need to understand that effectively it is an exchange of the reasonable expectations which you create in each other by your agreement.  
    • Current situation: contacted myhermes website's robot talk about the parcel and waiting for their email response. Thanks @BankFodder   I understand that if I were going to pursue under contract law, £4.99 would be the amount that I am entitled for compensate. How about if I were going to pursue this matter under tort - negligence? Would this allow me to pursue them according the true value of the items?
    • Hi UncleB, thanks for responding. I did call them back and it appears to be hit & miss with Devitt and dependent upon which Customer service agent you get.   Spoke with a very pleasant lady and told her that I, like them recorded all calls and gave date time of call and specific time at which a green card was stipulated in order for me to take out the policy.   *Two days later a hard copy of the green card landed on my doorstep. *Free of charge too.
    • Have you received a Parking Ticket? - Private Land Parking Enforcement - Consumer Action Group   please complete the above then we'll be best placed to advise further but the bottom line is no and don't ever appeal.    
  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Speeding Offence - UK provisional license holder with International Driving Permit


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I am a resident of UK.

I came to UK from India 2 years ago in April 2012 on work Visa.

 

 

I work for a car manufacturing company in UK.

 

 

On 14th Dec 2014 I was driving my company car and caught speeding

by a speed camera for exceeding 40MPH speed limit(Recorded Speed:51MPH).

 

 

The police contacted my company to get the driver details as the car was registered on my company

and they got my address from my company and sent me the “Notice of Intended Prosecution”

 

I have my Indian Driving License;

I got the International Driving Permit during my last visit to India in March 2014 which is Valid for a year from March 2014 to March 2015.

I have a UK provisional license issued on 11th Nov 2014.

Hence during the offence I have the UK provisional license and the international driving permit.

 

I read from DVLA website that the Indian Driving license or the International Driving Permit is valid only for 1 year from the initial entry into UK.

I have crossed 2 years as a resident in UK so I don’t know whether my International Driving Permit

which I have validity till March 2015 is valid to drive in UK after I crossed my 1 year of stay.

 

I drove the car without learners “L” plate

(I believe the speed camera would have caught the picture of my car which is an evidence of not having “L” during driving)

which I feel as another offense, also I came to know that the UK provisional license will overrule my International Driving Permit or Indian Driving License.

 

In the NIP I was asked to provide my UK driving license details such as driver number and current number of points.

I have given to choose from below options

 

Part 1. If eligible I wish to be considered for a driver awareness course at a cost of £110

 

Part 1a. I wish to be considered for the fixed penalty procedure

OR

Part 1b. I would like the matter to be dealt with by way of a court hearing.

 

Now I wanted to know the below queries please in filling and sending back the NIP,

 

1. Whether I can provide my International Driving Permit only and opt for a course if eligible or fixed penalty.

I don’t want to give my UK provisional because they will raise another question

whether I drove the car with an L plate on it which will be another offense.

 

2. If I am not giving the UK provisional then,

 

a. I need to know whether they will enquire and find out my date of first entry in UK.

 

b. I need to know whether there are chances that they may find out I have a UK provisional

 

3. If I give the UK provisional license along with the International Driving Permit (though it is overruled by UK provisional)

and claim guilty then are there chances to punish me for speeding offense as well as driving without “L” plate offense.

 

4. On top of all the above,

If I give the UK provisional then I need to know whether the police will contact my company

and inform them that I was driving the company car with a provisional license

which is an offense and got a speed fine as well.

 

 

This may affect my job as my company may take action against me since I did something against law.

 

I am bit nervous and worried as I am confused to take a right decision.

 

 

I kindly request your opinions and suggestions on my above queries

please which will be really helpful for me to take a decision and respond to the NIP.

 

Thanks in advance.

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It's incorrect to say that having a UK provisional overrides your right to use your Indian licence.

 

 

You can use your foreign licence to drive here for a year,

and then you either have to stop driving,

or get a UK provisional and take a driving test.

 

 

If you get a UK provisional sooner than (say, after 6 months) that it doesn't mean that you have to start using L plates

and have a supervisor in the car with you (it would be rather silly if it did - it would just put people off applying for a British licence)

- you can keep driving without L plates until you've been here a year,

at which point you have to start driving as a learner unless you've already passed your test.

 

As I understand it

an International Driving Permit does not by itself give you the right to drive in Great Britain

- it's just a document which gives the details of your foreign licence in a standard format.

 

 

The key thing that allows you to drive in the UK is the fact that you have an Indian licence

and that you've been resident for less than a year.

 

 

How long you've been resident for is a slightly fuzzy question,

but a brief trip back to India would not count as a break in your UK residency,

so it sounds like you've been resident here for longer than a year,

so you can no longer use your Indian licence to drive here

and you really should be abiding by the terms of your provisional licence.

 

 

Failing to do so is an offence which would get you 3-6 points and a fine.

 

What to do now?

 

 

I'm not really sure what's best,

but in your position I'd be inclined to send the details of both my UK provisional

and my Indian licence

(they'll probably find out that you have a UK provisional when they put your name and date of birth into the database

, and there's nothing in itself wrong with having a UK provisional),

 

 

and hope that they don't make too many inquiries into when you became resident.

 

 

It's a minor speeding offence,

so they may not make too many investigations,

but you can only cross your fingers and hope really.

 

 

Oh, and of course you should try to arrange a British driving test as soon as possible.

 

They would not contact your company to tell them that you'd been speeding,

however if you get points for speeding (and, potentially, driving otherwise than in accordance with a licence)

then they'll appear on your driving licence

so your company will find out about them if they ever ask to see it.

 

 

Being caught speeding in a company car, at least, is something that happens every day

and would not be likely to affect your job so long as you don't make a habit of it.

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Thanks for your informative posts on my query.

Your suggestions are really helpful for me.

 

Can you please help me in the below queries

 

1.I need to decide either one from the below three options as my response to NIP;

 

a) Submitting all my three licenses;

UK Provisional,

Indian License and IDP

(which shows validity till March 2015).

I feel submitting IDP may be an added advantage for me

since it was taken during my last visit to India in March 2014

and has validity till this March 2014.

 

b) Submitting my UK provisional and Indian License

 

c) Submitting my UK Provisional license only

 

2. I would also like to know whether to opt for a Speed awareness Course

or fixed penalty procedure on my response to NIP.

 

I am planning to apply for the test immediately once I get a response from police for my NIP,

also I will make sure that I don’t drive until I get the full license.

 

Thanks once again.

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you seem to think you've got a lot of options to choose here,

 

 

the police will run your name

,date of birth etc through there computer systems

so it doesn't matter what you do regards the NIP.

 

 

If you don't have a proper licence and insurance they will probably throw the book at you anyway.

 

 

You should send an explanation in with the NIP.

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Hi All, Thanks for your valuable suggestions, I have decided to respond to the NIP with my UK provisional details and opt for the SAC. I will not provide my IDP details. I will give an update once I get a response from the police. Hopefully all should go fine. Fingers Crossed.

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