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    • notodebt
      SJP letter from courts - Car tax fine

      By notodebt · Posted

      I disagree with the charge and also the statements sent. Firstly I have not received any correspondence from DVLA especially a statutory notice dated 2/5/2024 or a notice 16/5/2024 voiding my licence if I had I would have responded within this timeframe. The only letter received was the single justice procedure notice dated the 29.5.2024 this was received on 4.6.2024. I also disagree with the statement that tax was dishonoured through invalid indemnity claim. I disagree that the licence be voided I purchased the vehicle in Jan 2024 from RDA car sales Pontefract with agreement to collect the car on the 28.1.2024. The garage taxed the vehicle on the 25.1.24 for eleven payments on direct debit  using my debit card on my behalf. £62.18 was the initial payment on 8.2.24  and £31 per month thereafter the second payment was 1.3.24.This would run from Jan 24 to Dec 24 and a total of £372.75, therefore the car was clearly taxed before  I took the car away After checking one of my vehicle apps  I could see the vehicle was showing as untaxed it later transpired that DVLA had cancelled my tax , without reason and I did not receive any correspondence from DVLA to state why it was cancelled or when. The original payment of £62.18 had gone through and verified by my bank Lloyds so this payment was not declined. I then set up the direct debit again straight away at my local post office branch on 15.2.2024 the first payment was £31 on 1.3.2024 and subsequent payments up to Feb 2025 with a total of £372.75 which was the same total as the original DD that was set up in Jan, Therefore I claimed the £62.18 back from my bank as an indemnity claim as this payment was from the original cancelled tax from DVLA and had been cancelled . I have checked my bank account at Lloyds and every payment since Jan 24  up to date has been taken with none rejected as follows: 8.2.24 - £62.15 1.3.24 - £31.09 2.4.24 - £31.06 1.5.24 - £31.06 3.6.23-£31.06 I have paper copies of the original DD set up conformation plus a breakdown of payments per month , and a paper copy of the second DD setup with breakdown of payments plus a receipt from the post office.I can also provide bank statements showing each payment to DVLA I also ask that my licence be reinstated due to the above  
    • tobyjugg2
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By tobyjugg2 · Posted

      You know hes had it when they call out those willing to say anything even claiming tories have reduced taxes on live tv AS Salmonella says: The Conservative Party must embrace Nigel Farage to “unite the right”, Suella Braverman has urged, following a disastrous few days for Rishi Sunak. The former home secretary told The Times there was “not much difference” between the new Reform UK leader’s policies and those of the Tories, as senior Conservatives start debating the future of the party. hers.   AND Goves replacement gets caught booking in an airbnb to claim he lives locally .. as of yesterday you can rent it yourself in late July - as he'll either be gone or claiming taxpayer funded expenses for a house Alongside pictures of himself entering a house, Mr McGuinness said Surrey Heath residents “rightly expect their MP to be a part of their community”. - So whens farage getting around to renting (and subletting) a clacton beach hut?   Gove’s replacement caught out on constituency house claim as home found on Airbnb WWW.INDEPENDENT.CO.UK Social media users quickly pointed out house Ed McGuinness had posted photos in was available to rent     As Douglas Ross says he'll stand down in scotland - if he wins a Westminster seat - such devotion.
    • notodebt
      SJP letter from courts - Car tax fine

      By notodebt · Posted

      I've completed a draft copy to defend and will post up here for review.  Looking over the dates and payments this all stemmed from DVLA cancelling in Feb , whereby I set up a new DD in Feb hence the overlap, why they cancelled when I paid originally in Jan I have no idea. Anyway now stuck with pending court action and a suspended licence . I am also firing off a letter to DVLa recorded disputing the licence revoke
    • Passerby0233
      MET ANPR PCN - NtK - BP Blue Boys Tonbridge - Burger King Car Park NOT BP car park.

      By Passerby0233 · Posted

      Thank you both for your expert knowledge and understanding. You're fighting the good fight by standing up for people like me and others with limited knowledge of this stuff. I thank you. I know all my DVLA details are good. I recently (last year) renewed my license, and my car's V5 is current with the correct details; the same is valid for my partner. I'll continue to ignore the love letters 😂 and won't let it bother either me or my partner.  I'll revisit this post if/when I get a letter of claim.  F**k ém.
    • BankFodder
      Lost items sent through Parcel2Go and EVRi

      By BankFodder · Posted

      Please check back later on today for a fuller response and some edits

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Judgement by Default now Application notice - Help what does it mean!?

rockinrodders

By rockinrodders
in HSBC Bank

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rockinrodders

rockinrodders

Posted
Posted

My case from HSBC has been going on months and they failed to return their AQ by the original deadline in August, the court gave them an extra month, then an extra 2 weeks but they still didn't file it.

 

I was awarded Judgement by Default on 9th October as 'The Defendant has not replied to the claim form'

 

I hadnt heard anything since then so rang the court a couple of weeks ago and they said I should request a Warrant of execution. Which I did and paid my £55

 

Today I got a package from the court. the front page is a notice of application hearing by telephone on 14th February.

 

Then there is an Application notice N244 filled in by HSBC which basically seems to request a reinstatement of the defence and for the claim to then be stayed pending the outcome of the test case. He applies for "Release of sanction CPR3.3(5) and rule 3.9

 

Then there is a witness statement from Mr Shelley of DG solicitors saying they didnt receive the documents etc etc never knew about the case and saying if they did they ar econfident it would have been stayed.

 

His final paragraph says "I accordingly invite the court to set aside the strike out order and stay the present proceedings on the terms attached to this witness statement"

 

The page he refers to is an order that looks like a formal court order but he has dated it 17th October and it states:

 

It is ordered that:

1. The order dated 30 October striking out the defence be set aside

2. The present proceddings be stayed pending the final determination (including for the avoidance of doubt, any appeals) of the Commercial court proceedings between the OFT and the defendant comprised claim no 2007 folio 1186

3. Both parties be at liberty to apply

 

 

Now my questions on this are why is he asking for an order dated 30th October be set aside - There was no order on 30th October (His request was dated 2 weeks before this as well, is he psycic?)

 

Or is he doing the usual and cutting and pasting his stuff from a different case?

 

Please can somebody advise me if I need to do anything, or just wait till Feb for this hearing?

 

I would like to write to the court and show them proof that the defendants were fully aware of the case, the AQ deadlines, and all other deadlines as I was writing to them on a weekly basis to remind them. All letters were sent recorded so I kept proof of them being received. Can I present this to the court to show that his witness statement is based on a pack of lies?

 

I can scan the full documents tonight if anybody needs to see them to be able to help me. But not being a solicitor I havent got the foggiest idea what to do or indeed if I actually need to do anything

 

Any help much appreciated

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Castlebest

Castlebest

Posted
Posted

Hiya Rod, I think a letter to the court with copies of your letters and proof of delivery wouldnt hurt, also point out the errors in Mr Shelly's application, maybe pointing out this is just wasting court time as you have proof they were fully aware of the status of your claim.

 

I dont think anything will happen now untill the hearing, which will be a month after the test case starts but its worth a shot.

 

pete

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  • 2 months later...
rockinrodders

rockinrodders

Posted
  • Author
Posted

I wrote 2 more letetrs to the court including details of all the nudge letters and reminders I had sent to HSBC and to DG ad included copies of the recorded delivery stubs etc.

 

No reply to either letter, despite them again being sent recorded over 2 months ago.

 

I received an letter from DG recently asking for my phone number for the hearing on 14th.

 

Does anybody know what documents I need to put together for a court bundle on this one. I have read a few other similar threads but couldn't seem to find any details of the bundle required.

 

Presumably I just enclose a copy of all my nudge letters to DG/HSBC and the delivery receipts. That way I can show that they must have been aware of the case and the deadlines that they missed (all 3 of them). That should be 3 letters from me and the 3 notices from the court that I received and they claim they didn't.

 

Do I need anything else?

 

I can post of copy of the notes and application details from DG if that makes it easier for somebody to help?

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rockinrodders

rockinrodders

Posted
  • Author
Posted

I looked at both of those threads but found many references to their budnles etc but nothing that detailed what had to go in it

 

Does anybody know what needs to go in a court bundle for an application to set aside judgement hearing?

 

Their argument is 10 pages long but is similar to those in Syds Mum and Beccis thread but states the reason why they did not return paperwork etc on time or meet the courts deadlines was becasue they were not aware of the deadlines.

 

I was going to include a copy of my nudge letters, delivery receipts and the court papers I received clearly showing the dates etc as evdence that there is no way they were not aware of the case and the deadlines.

 

Should I refer to these other cases where they say the same rubbish about not being aware etc?

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syds mum

syds mum

Posted
Posted

hi rockin it looks like they have done the same as in mine and beccis cases... you need to have a look at my arguments (becci used them) and we both won...PM me your e mial and i will send em to you no probs. we havn't posted cos feel that they could be watching!!!

 

debbie xx

 

 

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syds mum

syds mum

Posted
Posted
My case from HSBC has been going on months and they failed to return their AQ by the original deadline in August, the court gave them an extra month, then an extra 2 weeks but they still didn't file it.

 

I was awarded Judgement by Default on 9th October as 'The Defendant has not replied to the claim form'

 

I hadnt heard anything since then so rang the court a couple of weeks ago and they said I should request a Warrant of execution. Which I did and paid my £55

 

Today I got a package from the court. the front page is a notice of application hearing by telephone on 14th February.

 

Then there is an Application notice N244 filled in by HSBC which basically seems to request a reinstatement of the defence and for the claim to then be stayed pending the outcome of the test case. He applies for "Release of sanction CPR3.3(5) and rule 3.9

 

Then there is a witness statement from Mr Shelley of DG solicitors saying they didnt receive the documents etc etc never knew about the case and saying if they did they ar econfident it would have been stayed.

 

His final paragraph says "I accordingly invite the court to set aside the strike out order and stay the present proceedings on the terms attached to this witness statement"

 

The page he refers to is an order that looks like a formal court order but he has dated it 17th October and it states:

 

It is ordered that:

1. The order dated 30 October striking out the defence be set aside

2. The present proceddings be stayed pending the final determination (including for the avoidance of doubt, any appeals) of the Commercial court proceedings between the OFT and the defendant comprised claim no 2007 folio 1186

3. Both parties be at liberty to apply

 

 

Now my questions on this are why is he asking for an order dated 30th October be set aside - There was no order on 30th October (His request was dated 2 weeks before this as well, is he psycic?)

 

Or is he doing the usual and cutting and pasting his stuff from a different case?

 

Please can somebody advise me if I need to do anything, or just wait till Feb for this hearing?

 

I would like to write to the court and show them proof that the defendants were fully aware of the case, the AQ deadlines, and all other deadlines as I was writing to them on a weekly basis to remind them. All letters were sent recorded so I kept proof of them being received. Can I present this to the court to show that his witness statement is based on a pack of lies?

 

I can scan the full documents tonight if anybody needs to see them to be able to help me. But not being a solicitor I havent got the foggiest idea what to do or indeed if I actually need to do anything

 

Any help much appreciated

 

this looks just like mine love... they are basically saying they didnt know anything about your case.. but as soon as judgement been serve all of a sudden it appears...(mmmm...) your tactic is much the same as you have said.. show all proof of posting letters and any court paperwork you have had cos they should have recieved the same stuff... i think they are using this excuse cos they know that its the only thing that could possibley work now as you have got judgement and the arguements they have used in mine and beccis claims have failed... when i get your e mail and sent the bundle over to you, you can see for yourself what has been said and see if mine is the same as yours... if it is then you can adapt the statement i have done to suit yours (i.e dates and timeframes...) i must stress that you need to read it and understand it as this will help in your hearing when the barrister starts babbling legal jargon... trust me they will to try and confuss you... its not that difficult but seems quite daunting at first... if there is anything you diont understand just post up and will do my best to help you love... i can direct you for any supporting documents you may need as well...

 

debbie xx

 

 

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becci

becci

Posted
Posted

it sounds like debbie has pretty much got you sorted, but if you PM me your email address I'll let you have a copy of my arguments too. You'll see references to various stuff but its all readily available. I'm not clever enough to scan & email stuff but I can at least point you in the right direction.

 

It sounds like the mix up with dates is exactly what's happened in a number of cases - DG have got their knickers in a twist using cut n paste!

 

Finally, take heart from the fact that debs & me were in a virtually identical position to you and we've won. Proof that it's not all going their way...

 

becci

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syds mum

syds mum

Posted
Posted

hi rockin.. i have e mailed you with response... the london borough has gone from my sig but will get it for you...let me know if the e mail came thru o.k...

 

debbie xx

 

 

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syds mum

syds mum

Posted
Posted

hi just realised london brough on PDF file so cant save it to word will try and find a way round it love give me a minute!!!:)

 

debbie xx

 

 

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  • 2 weeks later...
rockinrodders

rockinrodders

Posted
  • Author
Posted

Well its the telephone hearing this afternoon. I sent my bundle to the court and HSBC on Tuesday by special delivery. I rang the court yesterday and they reckoned they didn't receive it even though the royal mail website said it had been delivered, then after me faxing them 95 pages they found it!

 

No doubt HSBC will claim they never received their copy either, so its a good job I sent theirs special delivery as well.

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syds mum

syds mum

Posted
Posted

hi rockers you have done all can... good luck and let us know wha happens!!! and make sue you have a copy of proof of posting so if you proceed to a hearing in court you will be able to add this to your bundle cos HSBC will try to make out you didnt send it!!!

 

debbie xx

 

 

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