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    • OP stated they had been arrested, but not charged (let alone convicted). They DON'T have a criminal record, but do have an entry on the PNC. That information stays on the PNC (Police National Computer) for life, but doesn't get released in a standard DBS. It only MIGHT get released for an Enhanced DBS (eDBS) check  ... but it would be incredibly unlikely. (The rational behind this is that eDBS's allow for 'information at Chief Officer of Police's discretion' ..... this covers the 2 'barring lists' and is also intended for the scenario where someone has multiple arrests or investigations, where safeguarding is a concern .... it was brought in after the Soham murders / Ian Huntley case, where the information known about the now-convicted child murderer may have prevented his employment in a school, had it been made available). So, for the sake of accuracy and completeness, arrests stay on the PNC for life, wont appear in a standard DBS, MIGHT appear in an eDBS, but in reality, would be the exception rather than the norm, and I can't see them being released  to a defense barrister. What then if the defence found out a different way, and brought it up in court?. Again, unlikely, but the important feature is that the judge would make sure they trod very carefully!. They MIGHT consider using it if there were other factors that allowed them to try to cast doubts as to the truthfulness of your evidence, but on its own : No way. Anyone MIGHT be arrested (if a seemingly plausible complaint been made against them)! The approach to take if it did come up is to be truthful. "Yes, I was arrested. It arose from a vexatious complaint. I wasn't charged, let alone convicted. That could happen to any one of us, if a vexatious complaint gets made" Far better that than lying, saying you'd never been arrested, and getting caught in a lie : that would ruin your credibility. I'm incredibly doubtful it will even come up, though.
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Advised by SCM to ask for early settlement


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Hi everyone,

 

I have just spoken to Miss Lewis at SCm as my court date is feb 13th. She was very helpful and explained that are still awaiting instruction from lloyds but i could write to them and ask for early settlement to avoid going to court.

 

I am planning to gather my documents this weekend, but i thought i would try the letter as she suggested first as it would obviously save a lot of paper.

 

I have drafted a letter...

 

Dear Sir/Madam,

Further to my telephone conversation this afternoon with Miss Lewis, I am writing to enquire if your client, Lloyds TSB Bank plc, would be willing to settle out of court?

My initial claim, submitted on the 29th July 2006 was for £217.09 plus court costs of £30 and a daily interest rate of 0.042%.

I would be prepared to accept a settlement of £231.98. This is the total of the initial claim, the court fee and the interest to date.

Yours Sincerely

Is this ok? or should i add anything else?:confused:

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Hi guys,

 

that is the total amount including daily interest upto and including 03/01/2007. so there isn't anymore to claim.

 

I want to try and settle before feb 13th to avoid going to court and having to print off 3 sets of documents for submission (court, myself, scm).

 

the daily interest rate was calcluated in july according the intructions on this website for filling in the MCOL and claiming daily interest. it is the total cost of the claim x 0.0002.

 

anymore suggestions concerning the letter?

 

L:)

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"My initial claim, submitted on the 29th July 2006 was for £217.09 plus court costs of £30 and a daily interest rate of 0.042%.

 

I would be prepared to accept a settlement of £231.98. This is the total of the initial claim, the court fee and the interest to date."

Sorry If I'm missing something, but this doesnt add up:

£217.09 + £30 = £247.09

And your telling them that the total is £231.98

Also I think you are working out the daily interest wrong, you should get a xx pence per day figure

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whoops

 

 

well spotted PKea,

 

the total amount should be £261.98 which is the claim plus the interest plus the court costs. i worked out the interest following these instructions....

 

at a daily rate of £0.xx; - This daily rate of interest is calculated by multiplying the total value of the claim (charges plus overdraft interest, if claimed) by 0.00022

which is located here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

thanks for your speedy reply,

 

does the rest of the letter sound ok?

 

L xx

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whoops

 

 

well spotted PKea,

 

the total amount should be £261.98 which is the claim plus the interest plus the court costs. i worked out the interest following these instructions....

 

at a daily rate of £0.xx; - This daily rate of interest is calculated by multiplying the total value of the claim (charges plus overdraft interest, if claimed) by 0.00022

 

which is located here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

 

thanks for your speedy reply,

 

does the rest of the letter sound ok?

 

L xx

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Yes, Its not a daily interest rate though its daily rate (money)

ie Total Claim (£100) + Interest (£10) = £110

£110 x 0.0002 = £0.022

Your Daily rate would be £0.02p per day in this case

Probably as clear as mud now, does that help

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Oh bum!

 

Thanks for that PKea i had read it wrong. I have revised my total to date and added a little bit to my letter.

 

Further to my telephone conversation this afternoon with Miss Lewis, I am writing to enquire if your client, Lloyds TSB Bank plc, would be willing to settle out of court?

My initial claim, submitted on the 29th July 2006 was for £217.09 plus court costs of £30 and a daily interest rate of 0.042p.

I would be prepared to accept a settlement of £253.77. This is the total of the initial claim plus the court fee and the interest to date.

Should I not hear from you I will go ahead and submit my documents to Newcastle County Court in preparation of the hearing on February 13th 2007 where I will be requesting inclusion of the daily interest up to and including that date.

 

 

 

what do you think?:confused: Louise:)

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My deadline for documents was the 18th Dec, I sent them in time and a copy to SCM. I haven't had any back in return and SCM are still telling me they have no instructions, I have sent a letter to court asking for their evidence to be struck out for not complying with the court order and putting me at a disadvantage etc. I am due in court on the 23rd of Jan.

 

Don't send the letter.

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My deadline for documents was the 18th Dec, I sent them in time and a copy to SCM. I haven't had any back in return and SCM are still telling me they have no instructions, I have sent a letter to court asking for their evidence to be struck out for not complying with the court order and putting me at a disadvantage etc. I am due in court on the 23rd of Jan.

 

Don't send the letter.

 

Having read through the threads i am not quite sure of one point.

In with the court bundle do you have to send copies of all the offending statements or just copies of the original spreadsheets that were submitted.

Thanks and a very happy and "PROSPEROUS" New Year to all.

Pam

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