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    • There will be no issues with a course offer if the dates are as you say. The usual cut off is four months from the date of the offence. This is so as to give the driver the time to accept the offer and take the course before prosecution becomes "timed out" at six months.   However, if the NIPs really were the first to be issued and there are no issues with the address details then both have a cast iron defence to the speeding allegation. The first is dated 20 days after the alleged offence and the second 23 days after the alleged offence. The Road Traffic Offenders' Act makes it quite clear that if a NIP is not served within 14 days of the alleged offence then no prosecution can take place. But as I said, late first NIPs are very rare and both need to check all the details I have mentioned before they decline any out of court offers of a course or Fixed Penalty.    For information, courses are normally offered for speeds up to (Limit +10% + 9mph). Only one course of any type can be taken in three years (with the date of the offences being used to calculate that period) and courses are not offered in Scotland. However, if a driver is not offered a course for any reason when he would normally qualify (including late NIPs) he has no right of appeal to have one offered. If the matter goes to court the court has no power to order a course.
    • My grievance against my manager is on Wednesday at 12.00 noon. A union officer is representing me. The representative for my manager is a product manager. I was told today that she is the Daughter or a Step-Daughter of the manager. Is this a conflict of interest? Am I correct in saying that, because the manager is the subject, the hearing has to be carried out by a person higher than the manager such as a director? if so, the product manager is not entitled to carry out the hearing. I'm pretty certain that I read this in law books. My Brother is a licensed union chairman but has since left his previous employment.  He is certain that I am correct . Any help would be gratefully appreciated.   diecastdave
    • Ok cool many thanks!  Much appreciated...I will check everything out now and answer all those questions!
    • Sorry,  its regular outgoings of payments. It’s income related they’re on, not contribution based.  Mum and applicant were totally unaware of the rules in regards to deprivation of capital.   On income related ESA but claim housing benefit and council tax support.   He hasn’t came into a huge chunk of money. It’s been spent over a duration of four years. appointee’s livid, and worried that he’ll be homeless.  
    • Hi all           I spoke to the courts earlier today and they advised me that the points placed on my licence were removed in October 2019, and that a court date is set for November 26th. Guess what ??? I had not been given that info either. The courts were very helpful and explained to me that everything had been sent to my previous address (which I have not lived in or owned for 5 years) The car in question was registered in March 2016 and I have owned since new and has never been registered to my old address. I have proof of this down to the point of not taxing the car March 2017 as the car was zero tax I did not realise I still had to go online and tax it, the summons for that was sent to my current home address.  it is very strange that the police directed everything to my previous address. i then contacted the police on the number given by the courts and was told to forward proof I was out of country at time of offence for them to look at, the police officer was very understanding and quite helpful giving the information. I have to e mail her tomorrow and will give an update when I know more as this previous address thing is really confusing !!!  
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mystirio

Lowell and Provi doorstep loan CCA

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looks like they are trying the ppi miss sold one but this is neither

this is irresponsible lending

 

I have e mail FOS saying this was irresponsible lending and have stated that they will not consider it and I think FOS are interested in this claim

due to the ongoing issue with provi

we will wait to see what FOS comes up with

 

thanks DX

 

Thank you for your email to the Financial Conduct Authority (FCA).

 

I understand that you are looking to make a complaint to Provident about irresponsible lending and the firm have rejected this on the basis that it is more than six years ago. You want to understand if the six years is from inception or six years after the last payment was made.

 

FCA Rules

DISP 1.8 Complaints time barring rule

If a respondent receives a complaint which is outside the time limits for referral to the Financial Ombudsman Service it may reject the complaint without considering the merits, but must explain this to the complainant in a final response in accordance with DISP 1.6.2R.

 

The complaints handling rules set time limits for consumers to refer complaints to the Ombudsman. After these time limits have expired, the Ombudsman will need the firms consent to look into a complaint.

 

Generally, these time limits are:

 

  • six months from the business sending the consumer a final response; and
  • six years from the event the consumer is complaining about (or three years from when the consumer knew, or could reasonably have known, they had cause to complaint).

Accordingly the rules do not specify whether the period begins from inception or from the date of the last payment as you are asking, rather from when you knew or could have reasonably known. If you are complaining about mis-selling then the mis-selling would have occurred at the beginning of the term of the contract and not at the date of the last payment.

 

I hope this information has been helpful.

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well I don't think the irresponsible lending stuff that we saw against PDLs was even around 3yrs ago?


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

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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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therefore dx what your reccomendation send it to FOS or wait to see wgat they come back to me with their response the fos I mean

because it is not miss selling it is iresponsible lending

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id wait

the FOS will pick up on things like that I'm sure

we've not seen the FOS ever mention statute barring toward any IRL claims to date


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

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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from FOS

Hi

 

As the firm will not accept a complaint from you on this matter then the Financial Ombudsman Service will not have jurisdiction to take a complaint from you.

 

That would leave you with seeking out your own independent legal advice on this matter.

 

 

The Citizens Advice Bureau provide some legal guidance and may be able to provide you with some guidance on your next steps legally.

 

can Andy englighten us on this one???

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just read on another forum the six plus 3 year rule anyone know about this???

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you've already outlined it in post 76


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

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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thanks dx

I am going to write to provi again asking to reconsider the complaint

also will add some extra information Il put it up here first

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have sent the form to FOS asking to look at my complaint if they will is another matter

however without trying you wont know

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looking at other threads on the web fos have considered dates later than 6yearsold

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just had a letter from FOS they are writing to provi requiring them to supply

all the documents they have

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Good moving fwd.


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

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Reply from fos

provi wont let fos look at the loans as it is over 6 years and they dont keep documents for longer than 6 years

 

however, told fos that provi have supplied me with accounts which span for 9 years

and that also they shouldn't need to talk to their agent regarding my credit search as they should have done this themselves

 

fos came back stating that they will look at the paperwork again and contact provi

 

Might not get me anything but its another official complaint against provi

 

when they wont want anymore

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e mail from FOS investigator he is now in receipt of my files and will investigate further

 

however from lowlife asking if i was willing to make an early reduced payment this letter is now in the drawer

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You're not going to be making any payment to them are you??


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!

 

 

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Excellent, very well done! :thumb:


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!

 

 

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update from FOS

they have sent me a letter stating that they have had so many people who are quoting the 3 year period that they are looking at cases to see if

the arguments are justified in following the complaint

 

its just a matter of waiting

however if they do pass that they must pay then this will open the flood gate for so many people who have been treated wrongly

thanks

Edited by dx100uk
spacing

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yes a little dicky bird told me the FOS/FCA are seriously looking at this mis-interpretation of the CCL 3 yrs stuff


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

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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