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    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed 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. .  4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that 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 with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  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. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/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 Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that 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 all excessive charging/fees and show 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) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   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.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
    • It converts a forthwith to monthly payment which is set to suit your finances...so if £5 a month so be it...rubber stamped by the court....if you try to negotiate direct ...which it sounds thats what your doing.....they can alter it whenever they feel like it and if you dont comply can execute the judgment...but not if you submit an N245 as advised.   But hey what do we know ? 
    • you still got that spreadsheet I did for you?   dx  
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£800+ fine after not recieving letters in first place

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Hi all,

 

First time I'm doing this post and first time this has ever happened.

 

I have been sent speeding fines before and I have always sent details and either been to speed awareness courses or had points and paid fine.

 

In this instance,

I have supposedly been sent a letter to provide driver information for speeding fine,

and then again another letter to say not received anything and to provide again this was all apparently in 2018.

 

I then received a letter this week (which I actually got) saying I need to pay £800 and have 6 points to add on my licence for failing to provide info and failing to come to court date.

 

I never received anything prior this the last letter which I received this week.

 

I have been told to make a statutory declaration,

in which they said you need to attend court date and say that you never knew of the letter beforehand,

which I said yes and then they said if found to be guilty you could face prison sentence and more fines.

I was ok with this as I know I haven't received any letters like this prior (until the final one this week)

 

After reading reviews its quite concerning as some people have mentioned that the court look at your case and even though you may not received the letter,

its more of a he said,

she said scenario,

which as mentioned is concerning as if I haven't received any letters prior how could I have given my driver information and that court could basically say,

the letters were sent out and that your lieing.

 

But as mentioned before I have had speeding fines in past and have always sent off information,

if I did make an offence

 

Is anyone able to give me any advice?

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You've done the statutory declaration?

 

AIUI this will be accepted and it's effect is to restart the process so that you'll get the chance again to defend the charges you knew nothing about.

 

Obviously, the stat dec is done by you under oath, so if you are discovered to have lied about not receiving any earlier correspondence, you'd be committing a criminal offence.  But as long as you are telling the truth, you should be OK.

 

I'm sure somebody will correct any bits I've got wrong.

 

(Any history of mail going astray?  Is your name and address correctly recorded on the V5C?)

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Yes, Manxman has put you on the right track.

 

You need to perform a Statutory Declaration

(to declare, on oath, that you knew nothing of the court proceedings against you).

 

You must do this within 21 days of learning about your conviction.

You can either do so at a Magistrates' Court for which you will need to make an appointment.

 

They may not be able to fit you in within 21 days but so long as you explain to the court that it was the earliest date available they will accept your declaration.

Alternatively you can make the declaration before a solicitor.

They may charge you a small fee (£5 - £10).

 

Once this is done the conviction you have (for failing to provide driver's details) is set aside.

The prosecution will almost certainly start proceedings again and in many areas they are now doing so immediately following your statutory declaration.

 

Ideally it would be best if you could see the prosecutor before the court sits (ask when you check in at reception) and offer to plead guilty to the speeding charge provided the FtP charge is dropped.

It is a common deal which is usually readily accepted.

 

Under no circumstances should you plead guilty to either offence until you have had the chance to discuss this deal.

If the deal is refused you should maintain Not Guilty pleas to both charges.

 

They cannot convict you of speeding (they have no evidence you were driving) and the trial for FtP will be held at a later date.

You can then consider your position for that offence.

 

If they do accept your offer to plead guilty to speeding you might try asking if you can be sentenced at the Fixed Penalty level (£100 and three points) provided the speed is low enough (let me know the speed/limit and I will tell you if it qualifies)..

Magistrates have guidance enabling them to do this which says this:

 

Where a penalty notice could not be offered or taken up for reasons unconnected with the offence itself, such as administrative difficulties outside the control of the offender, the starting point should be a fine equivalent to the amount of the penalty and no order of costs should be imposed. The offender should not be disadvantaged by the unavailability of the penalty notice in these circumstances.

 

But first things first - make arrangements to do the Stat Dec.

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So they won’t let me see prosecutor before. So I wasn’t given a chance to give a deal? What do I do now?

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Did you ever make the stat dec?


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Yea I’m in court now. They telling me to explain everything in court the deal

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Posted (edited)

Are you in court to do the stat. dec., or have you already done that and they are now prosecuting you?

 

If you are doing the stat dec now, I think Man in the middle's advice still stands.  You do the stat dec, and they try to prosecute you immediately, you plead not guilty and the case should(?) be adjourned.  Then at the subsequent trial you meet the prosecutor beforehand and offer the plea bargain (I'll plead guilty to the speeding if, and only if, you agree to drop the FtF charge).  AIUI, this is almost always accepted.

 

If you already did the stat dec before your current court appearance and this is now the adjourned prosecution, I'm a bit surprised you haven't been "allowed" to speak to the prosecutor.

 

The problem might be that the speeding offence has timed out (they basically have 6 months to start proceedings) and their view is that you can't plead guilty to that now because you haven't been charged with it, and their only chance is to convict you of FtF.  (EDIT: Even then I'd offer to plead guilty to speeding if they would drop the other charge - worth a try.  I'm assuming it was you who was driving the car caught speeding?)

 

Have you been charged with both speeding and failure to provide details of the driver, or just failure to provide?  (Not clear from your OP.)

Edited by Manxman in exile
addition

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When Man in the middle suggested (#3) you offer to plead guilty to the speeding charge, you never replied to say that you were only charged with failure to provide driver details.  Am I right to think you have not been charged with speeding? 

 

That makes defending the failure to provide more difficult.  You'd have to satisfy the court you never received the request, or had a very good reason for not replying and naming the driver.

 

Presumably you never received notification of the original trial where you were found guilty in your absence of failing to provide details?  As I asked in #2, have you any evidence of other mail addressed to you going astray, is your address on the V5 correct?

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