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    • Clear as mud...so you are the claimant...the defendant is correct they do not file serve evidence before the trial...normally directions state 14 days before the trial hearing each party simultaneously exchange and file.   The defendant then paid the debt amount but not the court fee or the section 69 interest at 8%.. Did it get to trial ? or is that yet to happen ? 
    • Then be prepared to get your cheque book out.   You will be served with the evidence the prosecution intends to rely on to convict you when you receive notification of court action. This will almost certainly be in the form of a "Single Justice Procedure Notice" (SJPN). They have six months to begin court proceedings and in most areas take all of that. You will be given three options:   1. Plead guilty and have the matter heard by the Single Justice (a hearing which you cannot attend).   2. Plead guilty and opt for a hearing in the normal Magistrates' Court (a hearing which you can attend).   3. Plead Not Guilty.   If, after viewing the evidence, you decide on (1) or (2) you will be sentenced in accordance with the sentencing guidelines. These suggest a fine of half a week's net income (maximum £1,000, reduced by a third for a guilty plea). You will also pay a surcharge of 10% of the fine (Minimum £30 - or £32 if the offence was committed on or after 28th June 2019) and costs of £85. You will also receive 3 penalty points. So you can see that the costs and surcharge will exceed £100 before you consider the fine.   If you choose (3) you will have to rely on either (a) the prosecution being unable to prove its case or (b) successfully rebutting their evidence. The cost of failure here is high. You will obviously lose your one third discount for a guilty plea and the costs will increase to as much as £620.   You can see that you "old fashioned" approach could cost you dearly. But you takes your choice and pays your money  😪  (or hopefully not  😀).
    • I was not aware that mitigation can also apply to actions taken after the event. I have not outlined this to date, I will write another letter stating this given I now use a monthly travel card and would never attempt it again. However, the Court date is in 10 days so I'm not sure I would receive a response in time.. seems to be worth a try though.    Thank you dx100uk. 
    • Sorry, but I don't understand. Am I "quoting" unnecessarily? I'll stop that, henceforth, if so. That said... "any claim, though I cant see why this mbna is not concluded, so why the confusion....." confuses me as I cannot contextualise your reference and thought I had intimated I am concluding the MBNA claim and no longer pursuing my SAR request, following your help in that query.   I am simply wondering if your last reply refers to this (MBNA SAR) thread or my more recent (general PPI enquiry) thread, is all.   Apologies if I am not helping myself through helping you, in this. I am trying as best I can, though. And am grateful for your help.
    • Ok great, thank you I will give that a go tomorrow will let you know how I get on.    C
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Mobile debts (lowlife) several old defaults Need help if possible.

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to cut a long story Short I had a massive breakdown in a long term relationship 5 years ago leaving me with large debts.

I'm a reformed person now to how I used to be with money and I'm looking to get a mortgage. 


I have ignored these debts as I'm aware of the statue barred system. 


Sadly the other day I have received 2 pre legal assesment letters from Lowlifes based on 2 old O2 accounts. 


I'm aware that the pre assesment is just a threat but it's one I need to take seriously based on my mortgage applications.

The drop off date is not till next summer. 


It leaves a sour taste in my mouth to set up a payment plan for this although it could be the way forward. 

I maybe up for full and final but the accounts equate to £1000 roughly. 

Can someone advise me on the best option for these without judging. 


I have previously beaten lowlife in court for a ccj based on another communications account I held based on no CCA to prove it was mine although I think I got very lucky as I'm aware it's not regulated under the CCA. 


I currently have another CC account which I'm fighting with Roboway via the prove it method for which they have wrote to me twice over the months stating they are having issues with the original creditor. 


Sorry for the long read but this is massively important I avoid a CCJ. 

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use CCA not pointless prove it letters. [re the card debt]


you don't need to pay anything.

they have to abide by PAP first



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Thank you for the swift reply DX I'm aware you have a great reputation on here so thanks for reading my thread. 


So you suggest to fire a CCA Request to Robo I will indeed do this. 


I also have a catalogue debt with lowlife should I fire one at them or let sleeping dogs lie for now? 


The PAP is first steps towards A CCJ am I correct in thinking.


Would I not be leaving myself with less time to challenge this or is it a case options open up once this has begun. ? 


Thanks Dx 


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