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    • I hope the Copper room has lots of space for the filing cabinets.    None of this in anyway smells funny at all l mean 68 company's with only some dissolved. 
    • @Man in the middle Thank you so much for the comprehensive information, this is super useful!    I'm just as confused as you, There were some other papers that he mailed back with his plea. I  read them, the officers statement was on there ... from what I can remember, the officer stated that my brother "had changed lane twice without giving proper time or indication" the papers did not mention speeding or anything else...    It doesn't help that the car he was driving (belonging to the mechanic) has a custom exhaust installed ... I'm not sure if this had anything to do with the officer being wound up... My brother said he "had it in for him" ... do you think the judge has seen the video? or is this judgment solely based on the officers statement?    Furthermore, My brother is adamant against a guilty verdict ... do you think that reduced the chance of this case being reopened?    As for the fine, they are already taking money from his universal credit which is effecting his life in a great way  
    • Looking at the sentencing guidelines, the sentence, on the face of it, seems harsh – and a little confusing. From your description the offence seems at the lower end of seriousness. There are three bands of seriousness mentioned in the guidelines. From the least serious, the suggested sentences are:   A fine of half a week’s net income, and 3-4 points A fine of a week’s net income and 5-6 points A fine of a week and a half’s net income and 7-9 points (or a disqualification).   The sentencing guidelines are here:   Careless Driving (drive without due care and attention) (Revised 2017) – Sentencing WWW.SENTENCINGCOUNCIL.ORG.UK     From your description I can see no aggravating factors to push the offence up from the lowest band of seriousness.   The sum he has been ordered to pay is based on the highest fine – a week and a half’s income. Let me explain how I have deduced this. As well as the fine, the court will also order prosecution costs (normally £90) and a “victim surcharge” of 10% of the fine. When the court has no information about a defendant’s income a default figure of £440 per week is used. So, he will have been ordered to pay 1.5 times £440, so £660 by way of a fine, £66 Victim Surcharge and £90 costs. Total £816, as per his notice. The fine indicates that the court viewed the offence in the top band of seriousness.   The confusing thing is the points. If the court considered the offence at the top of the seriousness range, he should have received at least seven points, not six. He has also been sentenced on the basis of a Not Guilty plea (which is again the default when no plea has been entered). This means he did not receive credit for his guilty plea. This is normally a discount of one third off the fine (but not the points).   So much for an explanation of what’s happened. What’s to do? He faces some considerable difficulty here because of the length of time elapsed between his conviction and now. His only option is to ask for a court hearing to have the matter reopened.   He should be aware that the court is not obliged to agree to this and may not do so in view of the time elapsed. When making his request he should do so on the basis that the sentence does not seem to comply with the guidelines on two counts: (1) he should submit that the offence is at the lowest end of seriousness and (2) the sentence is inconsistent with the guidelines anyway (discrepancy between points and fine).   He also needs to contact the fines office as a matter of urgency. I am surprised he has not already faced one of the sanctions they mention by now but he needs to let them know he is asking for his case to be reopened. Once again, in view of the time elapsed, they may continue with their normal enforcement process anyway.    If he had dealt with this promptly it is my view (provided the court sees the offence at the lowest end of seriousness) he should have face a fine of half a week’s net income, reduced by a third for his guilty plea, a 10% victim surcharge (minimum £34), £90 costs and three points. That is the ideal outcome he should be looking for but, as I said, the court may not agree to reopen the matter at all. If they do, he may find his full discount for a guilty plea is reduced due to his tardiness. Do let us know how it goes.
    • Agree with Trevor Kavanagh, that the UK cannot afford a Government that is totally split and unable to take the decisive action required.   Government should act on energy price rises by directly providing additional money to help reduce bills.  The £400 announced so far would not be enough.   Reduce the VAT on domestic energy to 0%.   Universal Credit and other benefits need to be increased back to the level provided during Covid as a minimum.   Fuel duties should be cut.   Offer incentives to use public transport by paying subsidies to bus and rail operators that they need to pass on, to reduce fares.    Urgent action required,  Cannot wait until September for emergency budget.    
    • You wanted Boris out and not to interfere in government until he left   Again, I wanted him to go immediately.
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Lu v Nationwide


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Hi guys.

I'm currently at the first stage of claiming £2600 back from the Nationwide. Sent my 1st letter on the 9th November and i've received a letter from Nationwide basically fobbing me off. They have advised me that i should have been fully aware of the charges when i opened my account and when i signed the application form for my account. They add at the end that i should appreciate this is why they cannot refund any of my charges.

Please help, shall i continue with my time scale and send my second letter? Any advice would be greatly appreciated. :?

good luck to everyone else!!

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i've just recieved the same letter today... i sent my first letter using the template provided by penaltycharges.co.uk which gives the bank 14 days to comply... otherwise I take legal action.

 

Does anyone know if I need to send a 2nd letter or do I just go straight to the small claims court once the 14 days are up?

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Just wondering what happens when you're in this process but still getting charges on your account? I've sent off my second letter (LBA) but just got thsi months statement and I've got £150 of charges :-(

Can I add it on when I issue the claim or do I just have to write this off and be happy with what I get??????

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Add it on at the court stage, pretty sure that's what you do.

A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.:D

MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug.:confused: . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct:D

CCA sent 1st Credit 11th August, reply 15th Aug

Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.

Still to come: Cap. One, Time retail, HFC Bank.

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Just wondering what happens when you're in this process but still getting charges on your account? I've sent off my second letter (LBA) but just got thsi months statement and I've got £150 of charges :-(

Can I add it on when I issue the claim or do I just have to write this off and be happy with what I get??????

 

I had also sent out my initial claim & have since received further charges. I am just going to add them to my final claim when I issue court proceedings.

 

Good luck!

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  • 2 weeks later...

Well todays the day when I issue court proceedings - I am so scared!!!

But determined to get all these charges back - so a little excited aswell!!

It would be so good to get the charges back before Christmas.

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Does anyone know just before I do my online court claim if I can claim for the charges my account will get in January ( Nationwide list the charges on your statement but then only take it out 30days after) so for my December statement I have another £150 of charges but that will only be taken out in january. Any advice??

I don't know if I'm just getting greedy now though!! hee hee

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Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely,

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Oh my god I have just checked my account (as I have been doing ALL the time since issuing court) and I have been credited in full!!

I am so pleased - now it gives me chance to get my finances sorted. Think I might take on Natwest next!

Thanks to everyones help and advice on the forum - it is SO helpful and makes you realise you are not doing this by yourself.

Good luck everyone

x

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Hi

Well I was wrong the other day and Nationwide have underpaid, I am claiming back £ 2633 and they have only paid back £1911. From reading other threads I can see Nationwide do pull this little trick but any advice on what I do now???:mad:

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Have they sent a letter detailing the sum to be credited \ detailing their workings?

 

I would reply stating you will accept their offer as *partial* payement only and will continue your claim to court to get back the rest of your monies.

G.

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