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marmaris30

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Everything posted by marmaris30

  1. Sorry I meant 6 years when I said 18 months. Basically they aren't allowed by law to maintain any information for longer than 6 years, counted from the event, of which default or settlement is the last in the life of an account (although some DCA's break this). Yes, settlement does look better than an outstanding account, especially if it's defaulted. As I said, if you are in a position to make F&F settlement offers then that will shut down your problem the soonest, and it is best to act to stop the PDL scamsters from adding on more interest and charges. The sooner you act to get your affairs in order, the sooner the negative reports on your CRA will stop, and the sooner your file will look 'good' again, although it's best to learn the lesson and avoid credit ever again unless you have no choice, such as for buying a house.
  2. The only thing that is certain is that your CRA file will only ever show up to six years of history. Anything before that will not be visible to anyone who searches it, except maybe you. The history of an account is recorded up to the point where it is settled (normally) or where it defaults (for bad accounts). So your Halifax default will disappear six years from the date it was made, whether you settle it or not. Obviously if you do settle it, this will show for any remaining time in those six years from default. The PDLs could be a problem because they haven't defaulted yet. They could indeed do this at any time, and it seems odd after 18 months that they haven't. Any default would then remain on your file for *six years*, as would any missed payments. They will probably sell the debt to a debt collector vulture like Lowell, who will then default you and harrass you for the money. You could possibly avoid this with an offer of Full and Final settlement. If your main concern is establishing a 'clean' credit history (presumably because you want a mortgage?) rather than saving money, then maybe this should be your priority to stave off hard-to-control debt collector action, although you can also make an F&F offer to Halifax. I assume you don't have any CCJs but note that these also stay on for six years, unless settled in full within 28 days of judgement, in which case they are removed from your file (never 'registered'). Obviously make sure you don't miss a single payment on any credit accounts that are 100% reliable! Do not be tempted by any 'credit repair' services - they are snake oil salesmen.
  3. You could always complain about the unequal treatment but if you were parked in a loading bay and not (un)loading then everything else is irrelevant, surely? You would need to base any appeal on the facts of the matter, such as road markings and signs, or if you have some good reason to have parked up, as a defence. Any other complaint would be a separate matter.
  4. Check the small print of the insurance terms issued by Myhermes for whatever level of service you used: does it include/exclude consequential loss (in this case the fact that you have had to refund the buyer)?
  5. ALWAYS go to http://www.gov.uk first for any online government enquiry, or go to the post office and ask for a paper form. Good luck with getting your money back but as your CC company said when you spoke to them, don't hold out much hope. The website you linked to does after all state very clearly that it is not in any way affiliated with the DVLA, and that they offer a 'checking' service, and this is what you got. Remember to be vigilant when it comes to booking the tests.
  6. Handbrakes are adjustable up to a point but if the discs and/or pads are beyond minimum thickness then the adjustment is not enough and replacements are necessary. It would be pretty unusual to 'bend' brake calipers, because they and the hub carriers to which they are bolted are usually made of cast iron. This is normally a pretty simple maintenance job, but the following can happen: - Cross-threaded sliding pin or mounting bolts: easily diagnosed because the calipers will be misaligned and can often be repaired. - Misaligned discs from failure to clean the hubs properly. - Warped discs from overtight wheelnuts (a common garage issue) or just defective parts - have you noticed any juddering? - Incorrect parts for the specific model of car. - Failure to rewind the pistons fully on rear calipers, but this would normally make refitting impossible. - Overtightening of the handbrake, but this doesn't sound likely in your case (the initial looseness should normally be taken up by self-adjustment, which is why pistons need rewinding). However, it could be that your calipers are old (failed seals) and/or subject to moisture (especially common when fluid is not changed at least every two years), causing corrosion and ceasure of the pistons, hence the smoke. This might also have been the cause of the original failure, as the handbrake has much less force than the footbrake and could be impeded by faulty calipers. The only way to tell what has gone wrong is to get a separate, competent mechanic to check the calipers for poor fitting, and for overall condition. Clearly something has gone wrong though as brake smoke is not normal, and will cook the seals and fluid, making the problem worse. If you take it back to the MOT garage then insist that a senior mechanic inspects the work, explains the problem in detail, and maybe even shows you anything defective. Don't pay for any further labour or parts until properly diagnosed and, if it's obviously been damaged after the MOT, insist that they take their fair share of responsibility. Poor mechanics thrive on customers who don't ask questions.
  7. It's a bluff but a risky one for both you and them. Firstly, check that there is no judgement relating to the matter. You'd know about a Dubai judgement because they'd probably have stopped you leaving! Assuming not, they would now have to launch a fresh claim against you by way of a Claim Form via the High Court in London. You could obviously contest such a claim on various grounds, and unless it's for a large amount then it's unlikely they would go to the time and trouble to do that. So their lawyers have most likely launched the Statutory Demand as a cheap scare tactic, hoping that you'll cough up or bin the letter. If you ignore it and they can prove you received it (was it hand-delivered or by recorded post?) then they can choose to apply for your bankruptcy after a certain amount of time and you would have to explain why you ignored the demand, as well as why you dispute the debt, the jurisdiction and so on. In all likelihood, they won't take it to that level, but you can stop them in their tracks by applying for the judgement to be set aside. They would then not be able to launch a new statutory demand in the same matter, and they'd need to launch a new claim to make any further progress. To apply for the set-aside, you need Form 6.4 & 6.5 (available on the web), which you take to your local County Court. Arguments you could make for the SD to be set aside: - The SD is the first time you have been made aware of any legal action arising over the matter. - The matter relates to an alleged contract made in a foreign jurisdiction (and you dispute its validity) and you are not aware of any judgement having been made either here or there, so there is no judgement debt. - It is abusive to serve an SD for an unproven debt over which you have received no previous communication, and for which there is no judgement. You will have to pay a small fee to the Court for filing Form 6.4, which is waived in certain circumstances, and you should definitely plan to attend in person. Obviously it would be inadvisable to go to the UAE ever again in your life!
  8. Well all you can really do is send what you have. All I'd add is that you could go into a branch of your bank, asking them to print off a confirmation and stamp it for authenticity.
  9. Correct, CCJs paid in full within 28 days are satisfied and should never be registered, so they should never appear on your CRA file. You only really need the certificate if for some reason an error is made and you need to rectify it, or if somebody ever disputes the same matter again.
  10. Do not post cash. If you don't have a chequebook (or maybe a friend has one?) then go to the Post Office and get a postal order, and then put that in the envelope with the form and evidence, to be posted to the Court. If you ring the Court on the number on the Judgement then they will provide you with details of other payment methods. If it's local then you can pay in cash in person - ring for opening hours.
  11. You need to send it to the Court that issued the CCJ, whose address will be on the Judgement itself.
  12. Good research. Yes the FOS has the advantage of being free, and the CC company will be bound by the decision made. The downside is that you have to go through the CC company's own complaints procedure (which you've already started so that is good) before escalating it, and all of this can take a while before a final decision is made, but once you've made your complaint to the FOS, you should be able to get the CC company to suspend the amount in dispute from interest and minimum payment calculation. If the FOS decides against you then you can still go to court, with the costs and risks that this entails.
  13. I presume we're talking about two grand actually debited here, not just blocked against your card as is normally the case with car hire (at least it is for normal cars!)? If they won't play ball, especially if they won't even provide a copy of the fundamental paperwork, and if the CC company won't help, then you might be left with little alternative to write them a Letter Before Action, giving a reasonable timescale (14 days? Others can advise...) to refund your deposit AND provide a clear copy of the original, signed hire agreement, or else you will have no option but to file a claim in the County Court. I appreciate that you might not want to take this route, and it is worth trying Trading Standards first, but ultimately the threat of legal action should force the company's hand. If you do so, copy the letter to your CC company because if you later obtain a judgement in your favour and the hire company won't / can't pay, they might then have sufficient reason to satisfy it on grounds of s75 joint liability. Before you do this, collect any and all evidence that you already have as to the car's condition on return, and general compliance with the standard hire terms that you've found. You will need to be prepared to explain any discrepancy.
  14. If you have been given a redundancy notice by the administrators, and if it is effective immediately, then you are free to do whatever you like. You might have to be patient while the Insolvency Service sorts out payment of statutory redundancy etc, but that would be the case whether or not you find alternative employment.
  15. Why would you not 'waste a stamp' sending a photocopy of your V5 to prove that your car is silver XYO rather than black XVO, thus supporting your perfectly reasonable argument that the Council has misread the numberplate, and also pointing out that if necessary, you can provide evidence that you were elsewhere at the time? If you do nothing then you will definitely be summoned and you will have to waste a lot more than the price of a stamp in having to attend Bristol Magistrates' Court to make these arguments in person!
  16. It's very simple: being in debt is not a criminal offence in the UK or anywhere else in the EU. This is not Saudi Arabia and you cannot be arrested or imprisoned here just for being in debt to a bank. This is even true for most debts to the government. It is true that CCJs obtained in the UK can be enforced in the European Union, but the creditor has to apply for a European Enforcement Order and cannot do this without knowing where you are, so this is extremely unlikely. In VERY rare circumstances, a creditor with a CCJ can apply for the debtor to be summoned to Court to provide financial information, or to respond to a bankruptcy petition. Even in this case, the papers must be served on you in person (which the creditor cannot do without knowing where you live) and you cannot be arrested unless there is proof that you have received the order. Banks almost never use this because of the risk of bad publicity. Before you apply for your visa, check on the Insolvency Service website that you have not been made bankrupt in your absence. It is unlikely but if you did come to live in the UK, it would cause you problems. Don't ask any more questions unless they are new ones.
  17. No stopping or waiting means what it says unless you were forced to stop, e.g. by a traffic jam or the police. Airports are subject to legislation that gives the operator extensive powers with respect to traffic and security, and enforcement of no-waiting areas is one of those powers. Unless the evidence is shaky or you have some strong mitigating circumstances (unavailability of space in the drop-off zone will not be enough), it is unlikely you will be able to ignore this.
  18. Where do you live - Antarctica? Seriously though, DVLA has an online status checker for tax/SORN on vehicles. If you have difficulty remembering then why not check your collection online just before the end of each month and then take any action necessary?
  19. As I understand it, 6 points - likely for flagrant speeding - doesn't mean a ban but simply revocation of the licence if it's less than two years old. You'd have to apply for a new provisional licence and take and pass new theory and practical tests, on whatever timescale suits. If you do plead hardship then they might let you off with say a £300 fine and 5 points, which is typical for this kind of offence. It won't do much good for your insurance premiums but would at least let you keep your licence. I've driven through plenty of these variable sections myself, on the M25, M1, M42 and elsewhere, and given that the maximum speed limit anywhere is 70mph, you'd have a hard time arguing that 78mph is reasonable unless there are some very special mitigating circumstances that might have made it dangerous or otherwise unreasonable to observe the variable limit.
  20. Your difficulty here would be convincing actual banks to do business with you and as Brigadier says, they won't unless you have a banking licence! Besides, if deposit-taking were all you did, what would you do with all the money?! Even 'savings banks' lend money, even if not to individuals. Maybe you should get involved with promoting Credit Unions if this sort of thing interests you.
  21. To contest the ticket on any grounds, you'd have to agree to a hearing in Magistrates' Court. Only worth doing if you weren't actually speeding or you have some other very strong defence, or if you're about to be banned for having 12 points. Otherwise, you'd risk a much higher penalty in both points and fine, regardless of what you started with. Furthermore, Fixed Penalty points depend on the offence code so their omission from the ticket doesn't mean you won't get them.
  22. All company directors normally have to do Self Assessment. It doesn't matter where you are resident or what the company's status is. The only way around this will be to ask HMRC to consider waiving this requirement, if they can actually do so legally, once you have filed at least one nil return (say for the 2014-2015 tax year).
  23. Swedish Kronor transfers fall under the same SEPA rules that apply to Euro transfers, so your payment should be received in about two days. If the recipient is contesting this then I suggest you go to a Barclays branch and ask for a receipt showing the amount, SWIFT code, IBAN and fees (always with the sender under SEPA). By default, neither sender nor receiver receives an explicit notification, and you don't get a confirmation of receipt either. However the IBAN is coded in such a way that typos should be detected. The Faster Payments system is for UK Sterling transfers only.
  24. Have you enquired about a Debt Relief Order (DRO)? With no assets, this might be worth looking into, especially if you are on a low income or only on benefits. It is like a mini-bankruptcy so the creditors are forced by court order to write off your debts, and are prohibited from pursuing you any further. IVAs and DMPs suit many but they can last a long time and only work if creditors agree to be bound by them. DROs come with limits and restrictions though, so they have their pros and cons.
  25. Well done on dealing with the issue that put you in this situation. DVLA probably just want to check that your history is consistent with the medical, which is just a point in time, and I'm sure some people do try to cheat. If you've been dry for 12 months then there shouldn't be any problem.
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