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    • Name of the Claimant ? Abu Dhabi Commercial Bank   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 20 Nov 2019    Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - XX + 19 = 08 Dec 08 Dec + 14 days = 22 Dec 19   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total    Particulars of Claim The defendant owes £25k (debt under a credit card agreement with ADCB dated xx/08/2014 despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £25k and also claims interest thereonpursuant to section 69 of the country court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £2000.   What is the total value of the claim? £27900   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes - left Dubai   Did you inform the claimant of your change of address? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After - Aug 2014   Do you recall how you entered into the agreement...On line /In branch/By post ? Representative of bank visited at my place of work with all documentation.   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Not sure - Can’t see it on Clearscore (Equifax), only have basic Experian app (not Credit Expert).   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Note sure; don’t think so. Moriarty claim to have “been instructed on behalf of ADCB”   Were you aware the account had been assigned – did you receive a Notice of Assignment? No; only had a letter, then a Final Demand, then the Claim Form and another letter )all from Moriarty)   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? I was made redundant so had to leave UAE to return to UK. Despite me advising  ADCB’s ‘agents’ (DCAs etc) I had no savings, couldn’t find any work nor borrow money to make repayments and was presently in a DMP, I was requested to make a payment as a “good faith” gesture and then they would agree that the sum would not accrue any further interest and subsequently enter into an “affordable agreement”.   Despite my intention to offer any possible solution that I could manage - e.g. merging into my DMP - ADCB were not interested and it reached an impasse.   The payment I did make incurred high charges (SWIFT payment) so I requested if I could pay by card or a method that would not incur high charges. I also offered to agree to % of any future income earned as well as a regular affordable sum. I was advised this would be possible, but all promises made to me proved to be false and so despite me communicating my situation to ADCB all I was offered was to enter into an agreement that I could not afford or ‘final settlement’ that I also could not afford. In addition to this, I’ve had all sorts of obfuscation, misrepresentation and false promises - esp. relative to Central Bank Listing, police case and suchlike -  that I was only promised would be “cleared up” should I make payment. So the situation reached impasse - I wasn’t getting any sense or manageable proposals and I certainly couldn’t afford to keep paying the amounts suggested (especially incurring £20+ charges each time).   What was the date of your last payment? Jul 16   Was there a dispute with the original creditor that remains unresolved? ADCB didn’t seem interested in the litany of  questionable methods employed by their representatives - e.g. misrepresentations, fraud, deceit - and my suggestions of possible solutions (DMP or % of future income) were ignored, rather they just kept wanting money I didn’t have to ‘hold off’.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes - see above; I advised them I had lost my job, could not find employment, had no savings but would be agreeable to adding to my DMP OR perhaps agreeing to a payment plan on a % basis of any future income.   QUESTIONS Do I need to get a full Credit Report from Experian or Equifax (other than the apps)?  
    • I have had so much help on here in the past with Halifax and Paragon. After my win in court last october with Paragon they sold the debt to Mars Capital. I haven't had much to do with them yet but i know they are a vulture fund, they buy these loans at a cost. I want rid of it. The original loan was £35 k and paid in multiple payments to people i owed money to and some to me. Ive had high levels of arrears for at least 10 years i think . Are they adding interest to my arrears? does it go on balance - it says i now owe £54 k when i have been paying since 2007. I have high levels of chargers on there which i need to add up and ask to be deducted. If i worked out how much i had paid and offered them £12k or less are they no likely at all to take it or will they still expect £54k.  I want to offer a lump sum to get rid of it this year but there are so many issues with this loan - i SAR them back when paragon had it but i don't want to rock the boat - but if they don't have the credit agreement do courts still view this as unenforceable ??? should mars keep to the same rate that the original lender took loan out for??  I have threads on here going back years - the loan was with Advantage then to ADV2 then paragon now Mars Capital , a company called loan makers sorted out the secured loan - they were not paid by myself the fee was put on the mortgage / loan i think
    • Can I just leave it as saved and not submit or do I need to delete everything?
    • don't file yet not needed till/by 4pm tomorrow   let andyorch check things over 1st    
    • well the claim is stayed so don't panic for now.   is this the ONLY payment made and how did capquest get this out of you? by phone?   explain what caused you to make the payment and how you did it please   dx                
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raftk

Ambiguous potential speeding fine

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Hi guys, I'm really stumped about something-

 

Yesterday I was driving down a dual carriageway that went from a 40 to a 30 and there was a speed camera van that could have clocked me doing maybe 37 ish.

The thing is, the speed camera van wasn't parked on the dual carriageway, it was parked on a road that goes kind of parallel to the dual carriageway (the dual carriageway ended right here with a junction) and the camera was facing down that road (probably within my scope). It's a 20 limit road.

 

I looked on the police website to see the list of all the different locations they park their speed camera van, and each entry even comes with a small map of where the van sits.

 

For the dual carriageway, the diagram shows the van being at the end of the dual carriageway, near the junction, whereas the map diagram for the parallel road showed the van kind-of where it was parked when I saw it.

 

What I'm trying to establish is whether I would have any chance of fighting a potential fine.

It would be worth it for me if I could.

 

Possibly I could argue that they're not on the same road as the one they're looking at, and the angle could affect the accuracy of the speed gun.

I don't know if it makes a difference but the 30 zone I drove in goes from a 40 which would be in view of them, and the road they're supposed to be looking at is a 20 zone.

I don't know if that makes a difference?

 

I've tried googling all this but come up with nothing.

I can't find any mention of any occasions or mentions of mobile cameras watching multiple roads at once.

I'm a bit of a worrier so if anyone could shed some light or have any experience with this kind of thing that would be great, at least I'd know!

 

Many thanks

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doubt it would have clocked you.

 

I believe there is another thread here of the same vain

nothing became of it.

 

as long as your are the reg'd owner of the car and would get the NiP.

I believe they have I think 14 days to send the NiP out?

 

dx

 


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Ah that sounds hopeful, thanks for the quick response man I really appreciate it.

 

Love your avatar pic, cool album, I've seen him play a few times and big PF fan, respect

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it all makes perfect sense.

 

dx

 


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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If the speed gun is pointed at you from an angle it would indeed affect the accuracy of the reading... by making your speed appear lower than it actually was. So that wouldn't be a good argument to reply on.

 

(For those who remember A-level physics what the speed gun is measuring is the component of the vector of your velocity in the direction of the speed gun. Which is the cosine of the angle between your heading and the speed gun. If you're doing 40mph the speed gun will show a reading of 40 if you are driving straight towards it, 38.6 at an angle of 15 degrees, 34.6 at an angle of 30 degrees etc. So any error caused by the angle always works in your favour.)

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Wow, thanks for the heads up on that! I would have looked pretty silly if I'd tried to argue that.

 

Well it's been 1 week and nothing. I figure that this could also take a bit longer as I was using a work van at the time. I'm under the impression that it can sometimes take longer for a letter to get to you if they have to get your driver info from someone else.

 

Thanks again folks. I'm still a bit on edge about the whole thing. I'm hoping that in case a NIP does come through that they'll let me go on the speed awareness course. I've never done the speed awareness course but also already have points for speeding so I'm hoping that doesn't make me disqualified from being able to take the speed awareness course.

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The first Notice of Intended Prosecution (NIP) and request for the driver's details goes to the Registered Keeper (RK). It is only this NIP that is subject to the 14 day rule. There is no time limit on subsequent NIPs (in fact they are not even legally required though they are almost always provided) and no time limit on any of the requests for driver's details (including the first one). The RK may be your employer or it may be a leasing company from whom they lease the vehicle. If it is the latter the lease company will nominate your employer (because the lease company would not know who was driving) and it would be up to your employer to name you. Both of them have 28 days to respond so it could be up to two months before a NIP and request for your details is sent to you, though usually companies turn such requests round pretty quickly. 

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Ah, thanks for clarifying that, MITM. I recall reading something saying that company vehicle drivers were pretty much exempt from this but wasn't sure, there's so much misinformation out there. I've gone through the majority of the message board threads and learned a whole lot. For example, it may have been you that mentioned that the van doesn't legally have to be in any location. I guess that means in my case it means that the speed van could have been looking down my road after all.

 

Do you know if you can still be offered the speed awareness course if you've already had points from the same police force, but didn't get the option the first time? It's Avon & Somerset if that makes any difference.

 

Thanks again

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The only criteria for being eligible for a course is that you must not have done one for an offence that occurred in the three years prior to this one. Points have no bearing. Most forces offer different courses for general roads, motorways and 20mph zones. You can do one of each of these in a three year period. There is one other complication with offences that occur in Dorset but that should not be an issue here.

Edited by Man in the middle

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Thanks again MITM.

 

It's been 7 weeks so I'm hoping I'm in the clear!

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