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    • FE499A8C-69E2-4D9A-9F00-8F3B570A546F.pdfFE499A8C-69E2-4D9A-9F00-8F3B570A546F.pdf Hi , I attached letters as described 
    • FSO is orchestra..FOS. erudio wont go anywhere near a court with this. your main issue is you keep poking the bear..and using the phone. they cant enforce them and they cant refuse back dated deferment.   get our copy of the old blank SLC deferment form from the home page of this SLC forum. filling out copies for the years you could/did not defer   send them off to erudio with a covering letter that you will not be entering into any further discussions over the issues   let 'em sweat.   as for admission, well you've got to do that anyway.
    • There's plenty information in the links I have provided which would suggest so...a deed must be witnessed ..not necessarily independent..but without three signatures its validity must be questioned.   See what your Solicitor thinks.
    • It seems there are a number of issues here. The first is that the matter was heard in your absence even though you informed the court that you would not be able to attend the hearing. It is most unusual for a court not to allow an adjournment for a minor motoring matter when the defendant has asked for one and has a good reason for asking.   Unfortunately, pleading guilty to speeding was the worst thing you could have done. They have no evidence that you were driving (that comes from you providing your details). When I asked you earlier whether you intended to ask for the usual “deal” (to drop the FtF charge in exchange for pleading guilty to speeding) I assumed you knew that you must maintain Not Guilty pleas to both matters until the deal was agreed. What I don’t understand is why you have not been convicted of speeding in view of that plea (and, as mentioned, how you didn’t land up with nine points).   The fine and costs seem to have been based on the default weekly income of £440 per week (the fine is 1.5 times weekly income). So, unless the income you stated was coincidentally £440 pw, it seems the statement of income you provided has not been used.   This is a mess, some of it down to you and some, it seems possibly down to the court. An appeal to the Crown Court is not advisable. You have not mentioned why you failed to provide the driver’s details but without you being there to offer a defence (and it’s a difficult charge to defend anyway) you were probably properly convicted of that. You were also lucky not to have been convicted of speeding. If you appeal against conviction to the Crown Court it will almost certainly fail and you may end up with a speeding conviction plus the Crown Court costs (which may be around £1k) into the bargain.   I believe your avenue of approach should be to the Clerk to the Justices of the area where the court is (details are available online from HMRC website). You should asked for the matter to be reopened under Section 142 of the Magistrates’ Court act. Paragraph 1 of that section says this:     Power of magistrates’ court to re-open cases to rectify mistakes etc. (1)    A magistrates’ court may vary or rescind a sentence or other order imposed or made by it when dealing with an offender if it appears to the court to be in the interests of justice to do so; and it is hereby declared that this power extends to replacing a sentence or order which for any reason appears to be invalid by another which the court has power to impose or make.   You should make your request on the grounds that you were refused the adjournment you requested, were not informed of that refusal, and therefore had no opportunity to attend your hearing. I would attach a copy of your original request. You were therefore not able to properly state your case. You can also state that you were not fined in accordance with your means (though be a bit careful with that if your income is significantly above £440 pw).   The issue really is that, faced with being unable to attend the hearing and learning only a short time beforehand that your adjournment had not been granted you were panicked into action that you had not properly considered (i.e. pleading guilty to speeding). I would not, however, put it like that (because that is what you intend to do anyway if you get a fresh hearing and are able to do a “deal”). The deal with the prosecution is conducted routinely every day and will be well known to the Clerk to the Justices, the prosecutor and the Magistrates. But you need to secure a fresh hearing, have the original conviction set aside, and start anew. A request under S142 is the only way to achieve that so I hope you succeed. You may want to seek legal advice to help you with the above. Alas to get representation in court will almost certainly cost you more than you might save but bear in mind you now have an endorsement code MS90 on your licence. Insurers absolutely hate that (because they wonder what you might have done that you didn't want to accept you were driving) and it will increase your premiums for up to five years (might be worth getting a couple of dummy quotes to see the effect).   I don't think I can help much further but if so le me know.  
    • Thanks for the response Andy.   That is correct, there is no third signature, the blanked out sections are my own name and signature. The deed was only signed by my self and the bank manager that dealt with me, so only 2 signatures.    Would you assume the deed is invalid?
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andrew1402

lowell solicitors - old EON debt

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I am hoping someone will be able to give my wife some advice, 

They received a letter from Lowell regarding pre-legal assessments dated 4th March 2019 with regards to a debt that is not on their credit file. 

This letter was sent to her in her married name. 

 

today they have been sent a letter from lowell solicitors dated 15th May 2019 with regards to the same debt

this time its in her maiden name threatening court action and court costs. 

 

We have looked at both letters with her married name and maiden name and its the same debt with the same amount and account number.

 

They are unsure what is best to do as we have been married 17 years and can not understand why they have gone from using her married name to now using her maiden name.

 

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What type of debt ?

 

last payment made approximately ?


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has she moved since taking this credit out?

 


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How old is the debt and what type, Credit card, Store Card Catalogue ?


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No payment has been made on this debt as my wife didn't know it existed until she received a letter from Lowell stating she owed the money. 

 

The debt is owed to Eon from 2014. 

However, I have always had the utility bills in my name. 

 

We moved into our current home in 2006 so she is still confused about how she can have the same request from Lowell in both her maiden name and her married name (we got married in 2002)

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Could be a faulty trace, or a wrong entry on a CRA file, has she checked her credit record, if not do so, Noddle and Clearscore are free.


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She has checked her credit score and this Eon debt is not on her credit file

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title amended and moved to the utils forum.

 

so an old utils debt

and ofcourse EON have not ever sent her bills so nothing it owed

even if it was, then under the electricity act and it associated regulator rules

they can only back bill one year anyway

but a powerless DCA cant even do that..

 

it lowells basically trying it on.

 

pers to cover all angles id simply write to lowells solicitors

stating VERY briefly she has never had a utils account with EON as her supplier and the debt must either be fraud or a mistake in their system.

make SURE you use and quote lowells ref number and any other ref numbers used

 

dx

 

 

 


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Lowell have screwed up, they have done a trace on a Miss Smith and in that search they have found one who lived in that area who is now Mrs Jones so they have assumed that is the person they are after and sent out a demand.

 

They havent really threatened court action, you need to read the letter properly. They will say that they will consider or recommend or are in some other way mind readers  but it wont say pay up or we will sue you immediately.

In soe ways that could be the best thing they could do as it would then be too late for them to backpedal when she counterclaims for breach of the GDPR as they have got the wrong person.

If she doesnt fancy a day out at thier expense then she shpuld sned a stiff rebuttal of their claims pouinting out  never being an EON customer etc but also let them know that she will take the matter further if they dont stop their stupidity

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Agree with ericsbrother, they have done a phishing expedition, now I would check credit score just in cas the muppets at Lowell have stuck a Default there, something else to bite them with if they continue their muppetry.


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