Jump to content


  • Tweets

  • Posts

    • Not much to say as Manxman has near enough covered all the angles.   Just a couple of points of clarification:   The requirement to serve the first NIP within 14 days is actually contained in the Road Traffic Offenders' Act, not the Road Traffic Act. In fact the first NIP is the only one required by law. Subsequent NIPs are usually provided along with the S172 Request for Driver's Details notice because they are both produced by the same system and are usually printed on the same piece of paper.   If you do decide to challenge the speeding allegation on the basis that the first NIP was served beyond 14 days the burden to prove that it was rests with you, not the recipient of that NIP. They have no basis (or need) to challenge it as the person prosecuted for speeding will be you, not them. As mentioned, once the police produce evidence to show that it was sent in time to be served within 14 days you will have to show to the court's satisfaction that it was not served.    You need to be very sure of your ground before embarking on this course of action. You need to find out who the RK is and when they received their NIP. There have been one or two notable successes with this strategy. Here's one:   https://www.bbc.co.uk/news/uk-england-london-45668735   The RK of the car Mr Beckham was driving - Bentley Motors - had a good system of recording when post was received and the court was satisfied the NIP was received late.   You don't say what the speed alleged and the limit is but if it was within the course or Fixed Penalty limits it will cost you around £100. If you are convicted following a trial it will cost you an income related fine, a "victim surcharge" of 10% of the fine (minimum £34) and prosecution costs which have a starting point of £620.    
    • Hi all,   I was taken through consultation back in 2019 as my company restructured out dept.  Basically we went from 4 team leaders down to 3 so had to re-apply for our jobs. One thing that did not change was our contracts, they stayed the same but we did have a verbal agreement with our manager that a monthly contractual payment of £250 for working weekends would stop immediately.  At the time I was not fussed but I am now again going to be going through consultation and possibly TUPE transfer.  My questions is: Would I be eligible for this payment to be reinstated if I was TUPE transferred and could I request this to be back dated as it was a contractual payment that I did not officially agree to loosing?    Thank you in advance!  
    • Just looking at the date of the offence 12 December.  Possible was delayed in the post at that time as it was taking me up to 2 weeks to get a first class letter, then the New Year Shut down so to get it early January while the Xmas backlog was cleared seems about right to be honest.  Not that I am telling the police that. 
    • Please take note: I got 2 tickets for 32  miles in a 30 zone on different days.  The police said its their policy to ticket anything over 30!!   I had to pay £100 for one and do the course as well.  Even as a disabled driver there was no give on the tickets. Please stop saying that it has to be 35+ it really does not. West Midlands police in Nuneaton so definitely dont go 1 mile over in that area.  
    • New figures from the Insolvency Service show that early termination rates of IVAs have dropped 11% in the past year, while total IVAs have risen by almost 20,000 in the past two years. View the full article
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Bugger! finally got a reply from Moorgate


Please note that this topic has not had any new posts for the last 1653 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi everyone

 

I sent some CCA a few months ago, some had copies some didnt. Moorgate have 2 of my credit cards and they couldnt find the CCA ...until now. It was an MBNA credit card i took out

 

Theyve sent me a copy of my original agreement in 2003, its signed so i guess im still owing this one?

 

As long as its a proper, signed copy i still owe it correct?

 

:-x

 

thanks

Link to post
Share on other sites

Hi,

 

Can you please remove all of the information that can identify you like the obvious name, address but also barcodes, account numbers etc. and post up,

 

This is to make sure that...

Is the CCA fully compliant?

Did you also get a copy of the terms and conditions?

 

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

Link to post
Share on other sites

Hi

 

Ill do it as soon as poss. Yes there are t&c included, but after 3 pages of those there are several pages which are titled" credit card agreement, regulated by the CCA 1974" = those page start off with my current address and not the address i had when i took out the card. So those pages are obviously not form when i took out the card in 2003

 

Also, i was wondering: if Moorgate send me the letters, have they bought the debt or are they just acting as collectors for the original bank? I only ask if i ever got took to court, (for not paying enough per month for instance) im wondering how far a DCA would go compared to a bank or credit card company that were owed far more than the DCA paid for a debt?

 

thanks

Link to post
Share on other sites

Forget any notion of court, these are NON priority debts and as such attract the minimum 'LEGAL' payment of £1 a month if that is all you can realistically afford.

 

They only refer to court or legal action in their puerile missives, because they know that it exploits a debtors lack of knowledge and is the only way they can bully and intimidate debtors into paying money they either don't owe, or can ill afford to pay.

 

If the OC has palmed it off onto a DCA, ie. sold it, then there is something wrong with the debt, OC's only sell toxic debts.

 

Moorgate are not debt buyers, so they are simply begging on behalf of the OC.

If you read the letters carefully, you'll see they refer to their 'Client'.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Oh ok, so they dont really take people to court unless theyve got substantial reason to believe the debtor can afford more? i was paying more via payplan but i cant afford it anymore so screw em

 

I suppose its the fear factor they play on then

Link to post
Share on other sites

Scan it up and then go from there.

 

DCA's don't go to court UNLESS they own the debt and the debtor ignores them.

 

They don't like being exposed in court, so will only ever target the ones who they know will roll over and believe the rubbish they spout.

DCA's are NOT bailiffs, they are powerless wannabes.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Who are moorgates clients

Typically lowells

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... 

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...