After much to-ing and fro-ing with evidence; I&E Form Doctors letter re health Copying a complaint to the FOS and asking for due and correct consideration under the scope of hardship......i today recieved a letter advising me that NW are refunding SOME of my charges, due to the evidence provided. Namely those to bring me into credit (£410 approx which is all charges from 2005), but i have a claim on hold for all charges 2001~2008, broken down as Charges £1100 Court Costs £75 Admin/Prep of case @ £9 per hour for 40 hours. Interest at 8%. I guess next step would be to A) Thank them, and remind that i have case on hold for all of the charges; that the partial refund is well recieved but under the evidence provided i feel all fees + interest should be refunded. B) Could they provide rational behind refund for 2005 to 2008 charges. C) Any other areas i need to state in the letter? A good result i feel, with more to follow! Veester

I had a similiar issue with CitiF - Sent this letter it got removed - with some amendments this should work. Removal of Default site.doc

anyone???

Bailiffs & Council Tax - How to Deal With a Debt Collecting Bailiff - This link is useful. I had an issue with a baliff collecting a court fine, he was a slimy bag of tricks, he tried to coherse the whole payment plan to make money in charges. So i let him get away with it for a while then complained to the various bodies in the link above - he had is licensed revoked and the court fine was cancelled. They are not above the law; they like to abuse it and prey on the vunerable.

You might want to: A) Download the latest version of the whole application B) Uninstall the current install from your PC C) Re-Boot D) Install New Version A hassle, but should clear any file missing issues you are having Veester. p.s. Make sure you have your valid key to hand before this process, otherwise you won't be able to re-install. Hope that helps.

So, reached the end of my patience tbh. They won't look at the medical evidence at the DCA level, so i am just going to ask the FOS take a look and then the SLC to take me to court. Any advise on the letter position below would be appreicatted. _____________________________________________________ 12th August 2008 SLC Address Dear Sir/Madam REF: XXXXXXXXXXXXX onwards. Thank you for your communications to me in July, and more recently ..(insert last date) Once again, I draw your attention to my letter of 28th April 2008, in which I provided medical evidence to offer a valid explanation as to why my debt with SLC arose. I am disappointed to note that both the department and SLC have failed to give considerations to this information. Specifically, by failing to take account of my information to you, the SLC is in breach of the fundamental principle of natural justice, which is established in Common English Law from 1876 to 2000 and beyond, particularly; Duty to consider all relevant material. Duty of inquiry. Duty to consider evidence of probative value. Duty not to adopt an unduly rigid policy. My right to legitimate expectation. If you do not understand this,then I suggest you obtain advice from your legal department.However for immediate clarification, I attach House of Commons/Lords transcripts. I trust you will now give thorough considerations to this.Failure to do so will escalate to one or all of the following actions by myself. A) I will lodge a complaint with the F.O.S. B) Commence litigation in the County Courts which will incur costs to yourselves. As a measure of my intentions to have the matter resolved without the need for any of the above,I give you a final chance to take this matter seriously.I enclose a cheque for £150 as an interim payment while the situation remains unresolved. The Cheque is post dated,and therefore, should not be submitted before the post date, or any charges incurred will be claimed from the SLC. Once again I make a reduced offer of £60 pcm to be reviewed in 12 months time. Additionally,I look to SLC in providing interest relief based on the medical evidence provided and perform their responsibilites as per statute law, as defined in the accompanying texts. Should this not be acceptable, then upon completion and dependant of the review of my complaint by the FOS, I wil have no options than to serve on notice,County Court proceedings. I look forward to your response with respect to all of the unresolved areas in writing; I must remind you that no further communications will be entertained by telephone. Yours faithfully, Veester Date Copy to Financial Ombudsman Service

Had a response back - did mine eletronically: Ref: XXXXXXXXXXXXX Dear XXXX Thank you for your email to the Office of Fair Trading (OFT). Your complaint has been logged for our records and will add to our understanding of this UK market. The Office of Fair Trading (OFT) cannot usually take action on cases brought to us by individual consumers. Our primary duties include the enforcement of competition law, the regulation of the consumer credit market through a licensing system and the application of consumer protection legislation in respect of matters that adversely affect the collective interests of UK consumers. The OFT can also investigate markets that do not appear to be working well for consumers and complaints or information received may be forwarded to one of our market investigation teams for their further consideration. For more information on the work we carry out, please feel free to visit our website at www.oft.gov.uk You may wish to contact The Information Commissioner’s Office. The Information Commissioner enforces and oversees the Data Protection Act 1998 and the Freedom of Information Act 2000. The Information Commissioner's Office also handles queries on information held by credit reference agencies. They can be contacted at: The Information Commissioner's Office Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF Tel: 01625 545 745 Fax: 01625 524 510 I hope this information proves helpful to you. Yours sincerely, Nabiha Aden OFT Enquiries

If you can make out the name/address/signature then technically it will be enforceable - After all you can make out its the standard agreement from a particular year; so thats probably not a stance you can take. As for the 1990 account info not being on there - you need to right to them and tell them the SARS is incomplete. What else are you looking to do? Are they defaulting you for non payment? Do you have any special circumstances for not paying? Have you tried to reach an agreement? Any other info??? Are you claiming any charges (Ta Emmaf01)

Interesting - i understand the approach. They have sent me a snap shot photo - front of me and car - so i think that is a snapshot from the footage. Also sent me a statement from the officer about calibration etc. As for the car in front being a speed car - ironically i've seen the van with the same number plate parked at the Magistrates Courts/Police Area. Might be wrong, but hell, worth asking the question

I was caught speeding and i am concerned that the detection of my vehicle was the first of the day, and I suspect that the vehicle in front of me was an unmarked Police car and that that was involved in the initial calibration exercise. APCO clearly states The device must be currently within its calibration period. Due to the nature of the medium and systems used, these devices are continually self-calibrating. Calibration verification is carried out: (a) By the device itself during its built-in tests upon being switched 'on' (b) During and as part of the start and end of tour checks. A record of these checks will be made (i.e. in pocket note book). Should a calibration defect arise, the device must be returned to the manufacturer or certified authorised agent before further use. The manufacturer shall annually calibrate a speedmeter or his agent and a certificate should be issued to this effect and held by the police. A visible sticker showing the date of calibration should be fixed to the meter. The type-approval process acknowledges the accuracy of the device together with its self-checking systems. In that respect, it is vital that at the start and conclusion of a tour of duty, all laser devices are checked in accordance with the manufacturer’s instructions, and will include alignment and distance checks. These checks will be recorded and noted as part of the evidence as to the integrity of the machine and the data so produced. Additionally, at each speed detection site, the officer will note that, when switched on, the device self-checked and operated correctly. Where the operating design of the laser is such that a static distance check cannot be carried out the device must be checked against a calibrated speedometer by a drive through during the tour of duty during which the device is used. The use of a patrol car to drive through each site to check the accuracy of the device is no longer required, though when using this method operators should guard against any suggestion of provoking another driver to commit the offence especially if the police vehicle is unmarked Who do i write to about this information, the CPS or the unit from which the speeding prosecution unit the notice came from?

very interesting. Cheeky tactics....

letter sent - email sent - petition signed - sent to Info comm to.. i really dislike the Student Loans Company...and the banks atm!?!?!?

Sucks don't it - my current approach is to get the FOS involved. They are not taking into account mitigation at the DCA level of the SLC Below is my letter (i have also included the text on Natural Justice) ____________________________________________ 12th August 2008 SLC 100 Bothwell Street Glasgow G52 4JS Dear Sir/Madam REF: XXXXXXXXXXX onwards. Thank you for your letters and telephone conversations during July and August. I again draw your attention to my letter of 28th April 2008 providing medical evidence relating to causation as to why the current state of affairs with respect to my debt to SLC has arisen, if this evidence is not being considered then I will push forward with my complaint to the FOS under which my loans are regulated. Specifically by not reviewing the evidence in totality the SLC is in breach of the fundamental principle of natural justice, particularly; Duty to consider all relevant material Duty to ask the right question Duty of inquiry Duty to consider evidence of probative value Duty not to adopt an unduly rigid policy Duty to reconsider where an important error of fact is made known Right to legitimate expectation I enclose a cheque for £150 as an interim payment while the situation is unresolved. I again make a reduced offer of £60 pcm to be reviewed in 12 months time. I again look to the SLC look at providing interest relief based on the medical evidence provided Should this not be acceptable then upon completion of the review of my complaint by the FOS, I would ask you to commence court proceedings immediately without delay where I will be able to present my case to the courts, the causation and also agree an affordable payment plan. I look forward to your timely response with respect to all of the unresolved areas in writing. Yours faithfully, ----------------

Are we sure on the retrospectively?? From what i gather they will Government toughens stance over non-payment of student loans - Telegraph (refers to pre 98 borrowers specifically) Government toughens stance over non-payment of student loans - Telegraph

Fair point - but then 1 once every 3 months is extensive enough? - thats what i tend to do. Out on Tue evening back on Fri AM....leave enough food and an emergency contact number.. The carer roles only been going on this last year since my Mum first knee operation failed... I guess the US bit needs to come out...and become 'occasional foriegn travel for which...'

Taken what you have said on board.... though 'carer' in the definition of the law is someone who deals with food, errands, obtaining medicince i.e. everything a non disabled person would do themselves.....thus this would set the premise of 'devestating effect' Have to try, having taken legal advise, the general feeling of the 2 solicitors contacted is that i have a strong case for exception. ________________________________________________ I am representing myself due to severe financial restrictions. A) I admit responsibility for the offences, and am in the process of trying to enroll on a speed awareness course. I would like to offer the following mitigation B) Both my parents are incapacitated; a. I attach a copy of my fathers current Disability Blue Badge; he has difficulty walking, spinal injuries and his sight is failing. b. A signed letter from my father (Aged 73) validating the disability c. A signed letter from my mother (Aged 67) validating that she is currently invalid following failed remedial knee surgery and has previously been my fathers’ carer. I am their single link with the outside world carrying out shopping, running errands and in general acting as their carer. Their only immediate family is in India and my sister who her-self has a young family is not within a commutable distance, I on the other hand live 400m from my parents; without my care and intervention they would be isolated and unable to lead a near to as normal life as possible, this includes providing them with food, medicine and the like. It is not anticipated that my mother will be able drive or care properly for my father for another 5 to 8 months. C) Affect to Job and co-workers. a. A letter from my employer is attached b. The Justices will note that my home post code is XXXX, but I work at XXX, a total round trip of 110 miles c. Also due to the remoteness of the office were I work, it is not accessible by public transport. d. My job means that I travel extensively in the US and need to hire a car to carry out the companies business. e. As a top performer at the business, should the company need to let me go – if I am no longer able to carry out my job effectively – then this would affect all of my current colleagues. D) Summary The effect of a ban would be devastating on my family (with respect to caring for my disabled/invalid parents) and co-workers (as highlighted by my employee letter); I ask that courts view these exceptional circumstances to avoid a ban if at all possible. However if a ban is not avoidable the courts view the situation sympathetically and see that by enrolling on a speed awareness course (with DriveTech, www.drivetech.co.uk) I am taking pro-active measures, and consider providing relief with a shorter ban. Thank you for your consideration.

Cheers AlphaGeek - English is not up to scratch. As for the US element; if was banned from driving, i would not be able to hire a car and thus carry out my job.

Hi All - So i am due up in court as i have totted up, but i am pleading exceptional defense. As below: I am representing myself due to severe financial restrictions. A) I admit responsibility for the offences, and am in the process of trying to enroll on a speed awareness course in Hampshire. I would like to offer the following mitigation B) Both my parents are incapacitated; a. I attach a copy of my fathers current Disability Blue Badge b. A signed letter from my father validating the disability c. A signed letter from my mother validating that she is currently invalid following failed remedial knee surgery and has previously been my fathers’ carer. I am there single link with the outside world carrying out shopping, running errands and in general acting as there carer. It is not anticipated that my mother will be able drive or care properly for my father for another 5 to 8 months. C) Affect to Job and co-workers. a. A letter from my employer is attached b. The Justices will note that my home post code is XXXX, but I work at XXXX, a total round trip of 110 miles, further my job means that I travel extensively in the US. c. Also due to the remoteness of the office were I work, it is not accessible by public transport. d. As a top performer at the business, should the company need to let me go – if I am no longer able to carry out my job effectively – then this would effect all of my current colleagues. D) Summary The effect of a ban would be devastating on m family and co-workers; I ask that courts view these exceptional circumstances to avoid a ban if at all possible. However if a ban is not avoidable the courts view the situation sympathetically and see that by enrolling on a speed awareness course I am taking pro-active measures, and consider providing relief with a shorter ban. Thank you for your consideration. Any thoughts/improvements?

Time are changing The other thing of course is that the Student Loans defaults will be placed on credit file records. http://www.national-student.co.uk/PDF/march_2008/page_2.pdf Unfortunatly the SLC or should i say the DCA element of the SLC will not take into account all of the facts of the case, so i'm going to have go the FOS or the Courts to get fair justice...

I read the post from finlander relating to NJ (Natural Justice) when posted, but had to digest and re-read to really understand the implications. Correct me if i am wrong but the premises set-out within would to greater or lesser degree apply to any situation. For example if a company/organisation whether financial instituion (lender etc) or FOS type body did not consider all due evidence fairly. The reason i state this is that some of the institutions i am having issues with are ignoring medical evidence of illness.

Cheers Master. My only concern - if it gets to court - is that they try and bankrupt me or something like that.... We'll see how it goes this week.

I understand the rules relating to CCJs; i.e they stay on file for 6 years. Did i not here that a possible reform is underway?

the SLC are likely to take me to court for a total debt of £10500. Due to long term documented mental illness, i am just recovering from. i fell into arrears; Monthly payment should be £175 but interest at £25 continues to be added. I offered £50 but they won't do it, i might be able to stretch more but the SLC will not freeze interest etc etc. So....do i allow them to take me to court?? Let the judge listen to the extenuating?? Default me and then allow me to pay against the balance at an affordable rate? There are 4 pre-92 loans and 2 post-98 loans. IDEAS HELP PLEASE !!!!!

Hows this gone???

Well that seems to have done the job. Had a phone call about 5 mins ago from Tracy and they have searched around and found the missing cheque from the Countrywide, they will processing and sorting today! LOVELY.