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TOMMIEBOY

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TOMMIEBOY last won the day on February 27 2017

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  1. TOMMIEBOY

    Appeal dvla fine

    Hi guys sorry if this is the wrong place but hopefully someone can help me I sold a car on ebay to a dealer who picked the car up and filled in all the paperwork and handed me the yellow slip of the logbook telling me they were a trader so i had to send that part off. This i did via first class mail I also cancelled my D/D for the road tax and all was good until i received a letter to say my D/D had failed and as my car was no longer taxed i was being fined £80. So i wrote back telling the DVLA i had infact informed them as above, next i get a letter to say the fine stands unless i appeal which i did. I appealed on the grounds i sent away the log book and cancelled my D/D and included the receipt for the sale of the car, also proof that i changed my insurance over to my new car and the receipt for the new road tax on my new car. My appeal was rejected on the grounds that while i considered that i had fulfilled my legal obligation by course of post under section 7 of the interpretations act 1978 DVLA consider it is not enough for a registered keeper to just state that they are compliant. They then go on to say there is no legal liability for me to chase up an acknowledgement letter and they accept that however its a legal requirement that i ensure the car is taxed. So they have given me 5 days to pay the fine or take further action and they consider the matter closed. So is there anything i can do ?? thanks
  2. The signed notice they did have looked made up a fact i pointed out in my defense, it was on plain paper with no company heading of the OC and a photocopy signature that had clearly been cut/pasted as it was at at angle !!
  3. Really could not tell you Lowell quoted the property act and the judge can back with sub section of this and that it went over my head. At the end the judge said it was up to Lowell to provide her with absolute proof they owned the debt and the only way was sight of the deed
  4. Sorry could not catch all the sub sections but her point was Lowell had to satisfy her that they owned the debt and she would be happy to look at the deed in private as the court wanted absolute proof No the deed was the first point the judge wanted sorted when Lowell refused she dismissed the case They did have a signed notice of assignment from the OC
  5. Thanks No the Judge said of her own back that Lowell had to prove to her they bought the debt and the only way they could do that is with sight of the deed, the Lowell solicitor came back with the "property act" ? but the judge just came back with "prove it"
  6. Hi guys just back from Durham County Court with a victory over Lowell and it seems i found a Judge who would not be told the law. My case was around a 5 year old debt that i was being chased for but was not mine, Lowell issued a claim despite me sending them a letter to deny the debt. Once i had the claim i sent off a CCA request and it took Lowell 67 days to send some of the information asked for and in this case the Deed of assignment was asked for but Lowell refused and instead sent a hashed up copy of a notice of assignment claiming the Deed was between them and their client. I scanned this forum and got some good advice but the advice was split regards the deed with some saying it does not need to be shown and others saying it should. Well today the judge rather slapped down the Lowell solicitor who told her she had no need to see the deed as the letter of assignment was proof enough. The judge came back with a raft of legal points before dismissing the case stating without the deed Lowell could not prove they owned the debt
  7. Not sure will have to ask her wouldn,t mind not even her debt her ex left after taking out loans in joint names. She has told them i paid it off but they would details of my account which i am not happy giving people and not really sure they have the right to ask, money was transferred from my bank to the loan company
  8. Hi looking for a bit of advice but not sure if this is the right place. Long story short is i paid of my daughters loan of 7.5k the loan company now want to know where the money came from and are refusing to update the loan as paid on her credit file and will not close her account. She told them i paid it off but they want details of where i got the money from, now i can show them but why should i Thanks for any advice
  9. Thanks for the reply i did request the costs in court but the judge did not feel they had the power to do so, my main issue is after the first court hearing the council could have withdrew the summons but chose to make me attend court again
  10. Need some help please a few years ago i could not work and fell behind with my council tax and was taken to court which was my fault and i took it on the chin and agreed to pay the arrears off at £100 per month this plan is up to date and has never been missed. However the council use the same agreement number for arrears and the currant years tax and this is where the problem is. I was sent a letter to say i had missed payments on the currant years tax which i had not so i spoke to the council and they said they would sort it, next thing i know is a summons is at my door. So i attend court and provide receipts that show all my payments have been made both on the arrears and on the currant years so both are up to date. The council do not take records to court so could not comment and asked for the case to be brought back to court in a months time. So i attend court again and the council admit they have taken this years payments and taken them off the arrears along with the £100 i have been paying for the arrears. The summons is withdraw so i have now had 2 days off work travel to and from the court because the council made a mistake. I find it hard they they could not have withdrew the summons the moment they found out saving me a day of work and trip to the court so i am planning to sue them for the cost of my days work and travel to court
  11. Ok guys a update for you but first i must thank you all for the good advice. I have today finally got all my money back PLUS £200 from Barclays and £100 from Nationwide. To be honest the last 4 weeks have been a nightmare and it looked bleak last week as my claim was denied as Barclays said they were unable to find a purge on the system and left it to Nationwide to inform me which they never. However because i emailed Barclays CEO a very nice lady from his office rang me to inform me that " subsequent evidence came to light" and my money was stuck in a part of the machine that was initially overlooked and they immediately transferred the money back to the Nationwide and she had spoken direct to her counterpart at the Nationwide and they agreed to transfer it back without delay. The funny thing is Barclays kept me more informed than my own bank and indeed i already have the £200 from Barclays and only a promise of £100 from Nationwide
  12. There are a few financial losses the first not being able to get to work on the day due to not having any money, then there's all the phone calls and its not just financial losses if it was the other way round Nationwide would be charging me £5 per day !!
  13. Thanks for the rely, i sent another email only to be told Barclays have 20 days to reply to the Nationwide and then it will be another 4 working days before i am told of the outcome and then 2 working days for the money ( if they agree ) to be put back into my account making a total of 32 days from the date they took my money. Clearly i feel i have been let down and more to the point i have been lied over and over so i will be looking at taking county court action any tips
  14. Thanks for that i have done that and had a reply for Nationwide nothing from Barclays Thank you for your email addressed to Graham Beale, our Chief Executive, from which we were sorry to learn of your concerns. We are arranging for your complaint to be investigated, and a response will be issued by an appropriate senior manager shortly. Yours sincerely Glenda Laurie Executive Assistant Executive Team Member Service Department
  15. Sorry i have not been back for a few days, I am still without my money been into the branch today and was just fobbed off. My bank say they are still waiting for Barclays to get back to them and hope to have the matter resolved by 30th March which would be 5 weeks short of a sit in there was no much i could do at branch. Just getting anger at the lack action
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