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  1. hi guys this is my first post. I appoligise if I accidently break rules. Background I been using a waste disposal broker for my sandwich bar. All was going well until I received an over loading invoice which had 2 dates that i had apparently over loaded. Charge amount 69.05 10/01/2018 overload by 25kg = £5.25+vat was using 660ltre bin allowance 42kg 31/01/2018 overloaded by 249kg = £52.29+vat was using 1100ltre bin allowance 70kg Total = £69.05 between these 2 dates I had actually received a larger bin so when the collection happened on the 10/01/2018 i was using a 660 litre bin which had a 42kg allowance then on the 31/01/2018 I was using a larger bin which is a 1100litre bin which has an allowance of 70kg Grounds for dispute My dispute is if I only went over by 25kg on a 42kg allowance how have i gone over by a Wapping 249kg on a larger bin which has a 70kg allowance. Also that is a lot of weight to put in a 1100 litre bin please my own rubbish there’s clearly a mistake when i raised this issue with the broker all they kept telling me is they have tracking records from the bin collection. However that’s not what I’m disputing (if that not what they had on their records then they wouldn’t be charging me in the first place). I’m disputing the legitimacy of the charge IE did they register the correct bin when they did the lift, I know they collect multiple bins from the same location maybe they lifting another bin by mistake. How do I know they didn’t receive a back hander from someone to throw there bins away and decided to place it in mine Now they have basically refused to credit the charge although I have had one of their own member of staff admit the figures do look off. I feel there just trying to bully this amount out of me. As brokers the waste company they are contracting to collect the waste are the ones provide them with the collection/lift info. I feel they can’t be bothered to investigate with the waste company what’s gone wrong Actions taken I am still using them to collect my waste as I am contracted to them till April 2019 and pay my waste invoice but u haven’t paid the over charge. So I have received a letter stating 1. they now will add a charge of between £40 to £60 to the charge ( haven’t actually stated amount) 2. the next course of action is to commence county court proceeding to recover debt and will result in added interest and fees I know in my gut there just trying to bully me into just shutting up and paying. Can anyone advise what action I should take? Thank you
  2. Just a quick question., I sold a car to a trader in November 2016 he paid cash and notified the DVLA straightaway of the change of ownership, This morning one year later I received the letter from Mansfield recovery stating that on 10/12/2016 the car had been either involved in an accident or been abandoned we have been informed that you are the last registered keeper. The next paragraph reads We are advised that you have previously informed the DVLA that you are no longer owner/keeper of the above vehicle, however . we are obliged by law to write to you to advise that within seven days from the date of this letter the vehicle maybe disposed of. In order to trace the person responsible for the vehicle, we request that you contact us as soon as possible. This was sent to me this morning recorded delivery it also had a couple of other pages with statutory charges for disposing of vehicles. I have no idea of this person it was sold to over a year ago and it was sent on to the DVLA. Is it a legal obligation for them to write to me? Why have they waited for almost a year?
  3. My solicitor issued court proceedings against a builder. The builder did not acknowledge service so my solicitor applied for a default judgment. The Judge awarded a default judgment for an amount I overpaid the builder and made an order for a Schedule of Loss to be prepared and served on the court and the Defendant. The Defendant then had 14 days to respond to the Schedule of Loss otherwise the Judge ordered that the Defendant was de-barred from arguing any part of the Schedule or the amount. A date for a disposal hearing was also set. The Defendant did not respond to the Schedule of Loss. He then appointed another solicitor (he has been represented on and off in the last 18 months by 3 different solicitors) who asked for me to agree to set aside the first judgment. My solicitor refused and advised that if the Defendant was going to submit an application to have the first judgment set aside then this should be heard at the disposal hearing to save on costs. The Defendants solicitor waited until after office hours the evening before the Hearing and attempted to serve the Court and my Solicitor with a Defence, Counterclaim and Witness Statement. The Defendant failed to have the application stamped by the court and did not pay the court fee. However, a barrister was instructed by the Defendant. The Judge said he could not hear the Application to setaside the Judgment because the fee had not been paid and the documents had not been served properly. The Judge then ruled on a second Judgment in my favour. My barrister had to point out that a Part 36 offer had been put forward to the Defendant's then solicitor prior to court proceedings so the order was made plus costs. However, the Defendant's Barrister did not have any knowledge of the Part 36 offer and it was very clear that the Defendant's current solicitor had no idea either. Now I know that there is a possibility that the Defendant can submit an application to setaside both judgments. The first has a good chance of being granted because he is playing the failure to serve properly card (the court inputted the incorrect postcode on his papers - although the correct address). Obviously I can enforce judgment after 14 days but can only assume the Defendant will attempt to setaside both judgments in the meantime. I would like to know how the Part 36 will affect the outcome and if he applies to have the second judgment setaside what will happen. I have a copy of his documents and they are filled with lies many of which I can prove. What is also concerning is that the Solicitor has signed the Statement of Truth which I think is highly unusual. Any advice would be gratefully received if anyone has a similar experience.
  4. Hi I don't know how to find the correct forum to post so hope this isn't a problem doing it here. I have a small amount of asbestos to dispose of and would like to do so legally. However, I have been told by the nearest disposal site to me that there is a minimum charge of £55. How does this encourage people to dispose of such waste legally and safely? Are there any alternative ways that are not so expensive? Thanks for your help, Ajjm
  5. I just arrived back from holiday today for over a month and noticed that I received a letter saying that I had failed to notify the dvla about the disposal of my vehicle and that I incurred a fine of £55. I arrived back after their payment date. I am wondering if I will be compelled to court or whether, because of my being away when the letter arrived and for the duration if the payment window, might I be able to pay the original fine? The closure date was yesterday (Friday). I arrived today (Saturday).
  6. Hi to everyone on the forum i am looking for a bit of help with a letter i am writing to the dvla in response to a letter i got for them asking for an out of court settlement for failure to notify disposal of vehicle. Back in December of last year i sold a motorbike and sent of the v5c and never thought anything more of it, then about 3 months ago i got a letter stating that someone else had applied for a log book for the bike and that if i do not respond within 14 days (i think that was the time frame) the log book will be issued. i did nothing and thought that would be the end of it. Today i received another letter for the failure to notify disposal of vehicle asking that i pay an out of court settlement or they will take me to court. I have been reading through the forums about this matter and have found some great advice and fully intend to fight this ,i have found a letter written by the troublemaker (thank you and i hope you dont mind me using one of your letters as a template). I have used this as a template changing some things to make it more relevant to my case and was hoping that some of the members that have dealt with this could please have look over it and tell me what they think and if anything needs changing thanks. Here is the letter: Dear sir/madam I am writing in regards to the demand from you the DVLA that i pay an out of court settlement of £55 by the 25 of May 2014 reduced to £35 if paid by the 18 of May 2014 for the "failure to notify disposal of vehicle xxxxxxxxxxxxxxxxxxxxxx. I am informing you the DVLA that I surrendered the vehicle’s V5C document to the DVLA as required by law. The V5 was returned to the DVLA by Royal Mail First Class post. On the date of 18th of December 2013 via the post box at xxxxxxxxxxxxxxxxxxxxxx The sale was of a "xxxxxxxxxxxxxxxxxxxxxx", VRM "xxxxxxxxxxxxxxxxxxxxxx" from myself to the new keeper ,xxxxxxxxxxxxxxxxxxxxxx,and the data of sale was the 17 of December 2013 as entered on the V5C that was sent to yourselves on the date of 18th of December 2013. With regards to this my responsibility ends as soon as I relinquished control of delivery to the UK Postal Service, Royal Mail as stated in Section 07 of the Interpretations Act 1978. Section 07 of the Interpretations Act 1978. References to service by post Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expression " give " or " send " or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post. I would like to bring your attention to the wording 'whether the expression "serve" or the expression " give " or " send " or any other expression is used' clearly also covers 'deliver'. Therefore, by correctly addressing the envelope, affixing a stamp to cover the necessary charge (as is required), and by placing the item in a Royal Mail Mailbox, I have fulfilled my responsibility to notify the DLVA as required by statute legislation, and furthermore as the DVLA are an Executive Agency for the Department for Transport, by me sending the V5C by post to DVLA , it was therefore delivered to the Secretary of State as required by this legislation. As the DVLA place their postal address on the V5C and do not offer an alternative delivery method for this communication, nor do they request I communicate this via means other than posting I have followed the DVLA’s own instruction with regard to this matter. This is also covered within the Human Rights Act 1998, Schedule 1, Article 6, section 2 whereby it states‘Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. ‘ I have no proof of posting the V5 document because the DVLA does not require me to obtain this. I also believe that I should not have to prove that I posted the V5C and if this matter does indeed go to court it is the requirement of the DVLA to prove that I did not. I would also like to bring your attention to FOIR 1396/09, Sent to Collins, whereby Richard Batchelor clearly states that “..if an item of mail does happen to be mislaid within the Agency, the responsible area would be unaware of the loss until notified (normally by the sender of the mail). There is no automatic process alerting the Agency to a previously received item of mail that had not been processed.” Therefore we cannot rule out the possibility that my notification was received by the DVLA at the address required, and was subsequently misplaced internally after delivery. I will now move onto more details on my responsibilities as to the V5 document. Details on the V5 state - 'Once we know about the changes, you should receive an acknowledgement letter to confirm that you are no longer responsible for the vehicle. If you do not receive the letter within 4 weeks, please phone 0300 790 6802. Can you please advise under what Statute Legislation I am lawfully obliged to contact DVLA if I do not receive any such acknowledgement or correspondence from DVLA. The question of the legislation on contacting DVLA and statute legislation has already been judged in various county courts and has been found in the defendants favour. This matter has been discussed in great lengths on BBC TV Watchdog. I should like to bring your attention to DVLA vs. Peck. Mr Peck (Claim 9BR0829 at Horsham county court. The Judge found in Mr Pecks's favour stating the DVLA has no statutory power requiring anyone to contact them should they not receive an acknowledgment letter. I must also inform you The DVLA that I am fully aware of the DVLA vs Kennedy case whereby Mr Kennedy claimed he was wrongfully convicted of the same offence I am being charged with. Mr Kennedy then appealed his case to Chelmsford Crown Court on Friday 9th September 2011. DVLA prosecutors at Swansea withdrew and offered no evidence to the crown court. No doubt this was to stop a precedence being set as case law being it was a Court of Appeal and binding on all equal and lower Courts. Considering the information contained in this letter, I hope you will see that proceeding with this prosecution is in no means justified, and the matter can now hopefully be considered closed. However, if you do continue with this prosecution then I must advise you I will be seeking my costs back from the DVLA if I am found to be not guilty on the charges. I trust this letter is explanatory in its context and reserve the right to show this letter in court if needed. Yours faithfully
  7. Hi all! I've received a letter today from the DVLA (which the "Enforcement officer" hasn't even bothered to sign) stating that I have failed to notify them of the disposal of a vehicle. But I haven't disposed of it, I sold the vehicle back in 19/10/2013 filled out the V5c, sent it to them 2 days later. The new keeper obviously hasn't received the v5c back and has applied for a new one (I have done this before in a similar situation). So they want to charge me £55 to settle out of court, or £35 if paid early. I don't think I should pay this as I don't think I haven't done anything wrong. I filled out their form as usual, sent it to them as usual, but now its my fault?? I have bought and sold over 50 vehicles in the last 6yrs and have never had a problem, I always send the paperwork off within a few days and all has been well. My question is, what should I do? Shall I bend over and take one off the DVLA, or try to fight it and not pay and risk end up paying more. I know its only £35 which normally I wouldn't have a problem paying a fine for something that I've done wrong but in this case I believe I haven't! Thanks, Marc.
  8. Hello, I received a fine for not notifying the DVLA that I sold my vehicle. I sent the information to them after receiving a reminder letter from them. I then received a fine and appealed it, I've since received a letter saying thank you for my enquiry and said that even though I said I sent it they have not been notified and I still have to pay. On the appeal letter I had to fill in the new owner information which is notifying them as well? As I didn't receive another appeal letter I left it till now and thought I will just pay the £35 fine however when I call the number it said they are closed, I thought it would just be an automated payment line so I rung customer services and they said they can't put a note on and there is no one I can speak to, it has to be done in writing, I shouldn't have left it till last minute and I will have to call on Tuesday as Monday is bank holiday. But the date of payment due is tomorrow (Sunday) that is why I thought it must be an automated line because Sunday you can't get any post so surely you must be able to pay on the day its due as well? And as for shouldn't have left it till last minute, as far as I am concerned if the payment has a due date you are entitled to wait until that date to pay. And they shouldn't put the due date on a day you can't pay. And when the advisor said I will have to talk to them on Tuesday, I won't be able to because he said that they only take payments and will not talk about the issue. I'm not happy to pay the fine really as I know I let them know but just thought it will be easier to pay but I'm not willing to pay the higher amount because they won't let me pay today. Does anyone have any advice, I don't know what to do and all this is very upsetting.
  9. Hi All Caggers Last year I sold my car on eBay and duly posted the V5 to the DVLA on the 8th October. Approx 4 weeks later I received a letter stating that someone had informed the DVLA that they had purchased the car and were applying for the registration document. I called the DVLA on the 8th November to inform them that I had sold the car, hold sent them the V5 and that they could issue the registration document to the new owner. Fast forward to December 2012 when I get a snotty letter from the DVLA stating that I had failed to inform them that I had disposed of the vehicle and they wanted a fine of £35 increasing to £55 if I did not pay within a certain timeframe. I phone up the DVLA to tell them I had posted the V5 and was told to complete the form stating that I was not responsible for this offence which I duly did. I now have a further letter from the DVLA, where they have basically ignored the fact that I have posted the V5 telling me that because I had not received a notification letter within 4 weeks it was up to me to pursue the matter. I now have 3 weeks to cough up £35 or after that its £55 I am determined to fight this as surely this cannot be legal? I contacted the DVLA to tell them I had sold the car after 4 weeks had elapsed when the buyer had also informed the DVLA they had not received the V5. I have posted the V5 1st class, I do not recall there being any burden of proof on the motorist to prove postage or delivery? Where do I stand with this? As far as I'm concerned the DVLA are running a money with menaces racket here that is not legal! Thanks in advance Crispy
  10. Does anyone have a car that they no longer can afford to keep? I am looking to try get a lease assigned to myself . Please PM me with the details
  11. Hi there, I'm from Northern Ireland and I expect to be made redundant in about six months time. The chances of me finding work here in my field are minimal, so my wife and I have made plans to emigrate to New Zealand, where my brother now lives, and where there is plenty of work. To that end, we have sold some assets we currently own and have realised about £28,000. We have had to use about £18,000 to repay our unsecured debts. The remaining £10,000 (and anything we can save over the next six months) will be used to pay an emigration specialist to process our residency application, pay for our flights (we have three children) and give us a deposit for a flat rental when we arrive. So when we arrive in NZ we will literally only have the clothes on our backs (and in our suitcases!). So we are currently debt free except for our house, which has an outstanding mortgage of £170,000, and therein lies the problem. The house is in serious negative equity (it would probably sell for about £110,000) and we won't be able to keep up mortgage payments on it and live in New Zealand - the interest payments are about £700 per month, and rates are about £50 - if we could rent it we would probably only get about £350 to £400 per month for it. In an ideal world we would like to do this: 1) Move to New Zealand and tell the bank that we want them to repossess our house. 2) I hold solid equity in my parents' home of about £25,000 - there is no mortgage on that property. It's a 20% share which can't be realised until my parents die and my siblings sell the house then. I would like to offer the bank that share. They obviously can't cash it in, but it is a solid asset which will grow because the market has bottomed out where my parents live. 3) I would also offer them £200 per month (about NZ$400) payable for 20 years, which would represent another £50,000 payment, bringing the total offer to the bank to £75,000 (I know there are interest and inflationary issues, but I'm just trying to work this out at the moment). I have checked the cost of living in NZ on my expected salary very carefully and it's the figure that keeps coming back. I feel really caught between a rock and a hard place. I'm worried that the bank will reject my proposal outright (it is very unorthodox) and demand that I pay up the full mortgage or they will force bankruptcy upon me. If they do that could I be open to a charge of asset disposal and fraud for spending the £10,000 on emigration advice, flights and set up costs to get to New Zealand? Do you think a UK judge would see forced bankruptcy in light of my offer to be harsh? Even if we stay in the UK we will be probably be forced to give up the house and go bankrupt eventually because if I have to sign on the dole I will barely be able to afford to pay them anything. Many thanks in advance for any help!
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