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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Change of address, V5, untaxed vehicle


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Hi all,

please has anyone got any advice or experience on my situation?

 

I moved house a while ago.

Sent off to DVLA to update license and V5 log book.

Licence came back OK.

I overlooked the fact the V5 never turned up, and tax was due in Jan.

 

Realised the other week I have been driving for 6 months with no tax, as all reminders sent to old address. Immediately sorted the issue and paid DVLA for current tax and £80 fine.

 

When phoning DVLA, they say I have 3 outstanding fines from DVLA for been identified driving without tax.

 

First offence is just outside the 6 week period of applying for new address V5.

- How easy/viable is it to contest the first fine?

- Any way of avoiding/ reducing the other fines?

Many thanks!

Edited by dx100uk
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Tough one.

You've sorted out current tax and fine. Good.

You could appeal using the fact you sent your licence and v5c off at the same time and use the interpretations act which states that you've put a stamp on it and posted it thru the royal mail system therefore it is deemed served to them and its not your fault that the dvla lose thousands of letters per year

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Tough one.

You've sorted out current tax and fine. Good.

You could appeal using the fact you sent your licence and v5c off at the same time and use the interpretations act which states that you've put a stamp on it and posted it thru the royal mail system therefore it is deemed served to them and its not your fault that the dvla lose thousands of letters per year

 

>Thanks for this, certainly something for me to consider.

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Were the licence update and V5 sent in the same envelope? That would certainly be a point worth making.

 

I would have to do some research, but from memory I think I applied for new licence via the web, and V5 in the post.

Thank you - good feedback though, and I will do some digging!

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For those interested in progress on my case;

- telephoned DVLA and spoke with chap who could not see any notes on my case.

- telephoned DVLA on a different number, spoke with a lady who could confirm my appeal letter has been received. An extension to the payment deadline has been applied, but the system does not tell her what that date is.

 

So now I am in catch 22 situation, that I assume my appeal is being processed, but not sure when the deadline will happen. I have decided to risk waiting for a response before making any payments, which I assume would imply my guilt and I very much doubt DVLA would refund payments if my appeal is accepted.

 

If I offered this level of customer service like this in my company, I would be sacked.

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Yep but you need your customers...they dont :wink:

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