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    • You have of course checked the car is now taxed and the £68 is stated against  the same reg?  If the tax for the same car did over lap, then I can't see you having an issue pleading not guilty Dx
    • The boundary wiill not be the yellow line.  Dx  
    • Afternoon all Looking for advice before I defend claim for car tax payment that the DVLA claim I owe £68 from an idemity claimback from my bank and unpaid tax  brief outline. Purchased car Jan 30th ,garage paid the tax for me after I gave them my card details  first payment £68 out in Feb 24  followed by payment of £31 from March due to end Jan 24 Checked one of my vehicle apps and about 7-10 days later car showing as untaxed? No reason why but it looks like DVLA cancelled it , this could be because I did not have the V5 and the gargae paid on my behalf but not sure did not receive a letter to say car was untaxed.  Fair enough I set up the tax again staight away in Feb 24  and first payment out Mar 31st , and each payment since has come out each month for £31 , this will end Feb/Mar 2025, slightly longer than the original tax set up, all good. I then claimed the £68 back from my bank as an indemity refund as obviously I had paid but DVLA had cancelled therefore it was a payment for nothing?  Last week recieved a SJP form dated 29th May stating that DVLA were claiming for unpaid tax and a false indemity claimback which of course is the £68. It also stated that I had received two previous letters offering me the oppotunity to pay that £68 but as I had not responded it was now a court claim that I must admit guilt for or defend. My post is held for weeks at a time from Royal Mail ( keepsafe) due to me receiving hospital tretament at weeks at a time that said I did not receive any previous letters from DVLA. I am happy to defend this and go to court but wondering what CAG members think? In summary I paid an initial amount of £68 and then a DD of £31 , tax cancelled  I set up a new DD at £31 a month all in the month of Feb 2024, I claimed the £68 back from my bank. DD has been coming out each month without issue and I have paperwork to show the breakdown for both DD setup's plus bank statements showing the payments coming out . The second DD set up has extended payments up to Feb/Mar 2025. DVLA claiming the £68 was ilegally claimed back despite the fact they cancelled the original DD for reasons unknown. Is this defendable ? I will post up documents including the original DD conformations 
    • That doesn't look like clacton ... Former Brexit Party leader Nigel Farage buys coastal home in Lydd-on-Sea WWW.KENTONLINE.CO.UK Former Brexit Party leader Nigel Farage bought a coastal home in the county, it has been reported.  
    • It's not a private road.  It's a small public street (with Resi houses) that leads into and from public road/ highway. The garages have land in front of the doors.  Then there's a yellow line. So there's a clear marker on what is private and what is public.  These people keep parking on the private land side
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Lloyds claim - **WON _ Amazing win based on UTCCR's**


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Aye, why I couldn't find them I don't know, although I think I found the wrong date....do you know of any more recent default cases?

 

I'm pulling together everything relevant I can find but if anyone knows of any other relevance case law please let me know...

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

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how are you getting on?

 

give andyorch a nudge to look in re your bundle requirements etc?

 

also, check out durkins thread/case which is now before the supreme court re defaults etc which may end up useful?

 

also, recent updated ICO principles re defaults etc may be helpful?

 

http://www.scoronline.co.uk/files/scor/high_level_prinicples_document_final.pdf

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Hello both,

Sorry I've been silent,

been really poorly but have printed off the most of the things I think I need.

 

Re the OFT unfairness stuff,

there don't appear to be any favourable cases re unfair relationship?

So it would seem that one is a bit of a red herring.

 

Do we know when Durkin judgement is due?

 

I also have an e-mail specifically outlining further to the ICO letter why the ICO hold that Lloyds unlawfully processed my data.

 

They backdated the default date obviously now.

 

I also have the correspondence between Lloyds and ICO.

 

Lloyds in their defence have almost threatened they'll use this in court which is fine,

 

I'll be using it as it isn't in their favour.......

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Hello everyone,

 

Ok here is my stab at my witness statement, I have tonight and all day tomorrow to get this finished (it isn't completely finished) but please tell me if there is anything glaring missing.

 

I also have a load of documents already printed and indexed about 450 pages

All correspondence all indexed and referenced

Statements

ICO Clarification email on when a default marker should be placed (account fell into difficulty June 2008).

ICO Outcome letter

ICO Complaint form and supporting evidence

ICO Letter to LLoyds TSB

Lloyds letter to ICO saying they've done nothing wrong

ICO letter to Lloyds saying its unlikely they've complied with DPA.

Lending Code

BCOBS

Consumer Credit Default Regulations 1983

Woodchester v Swayne Judgment

OFT v Abbey and others

ICO DPA Technical Guidance on Defaults

Data Protection Act 1998

Steering Committee - Principles of reporting arrears/defaults

N1 Claim Form

 

[ATTACH=CONFIG]49164[/ATTACH]

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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No I'd be sending it tomorrow afternoon.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Is it that bad? I haven't finished it yet there are bits that don't flow but I hope I'm on the right track.....

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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orfoster

as your deadline is tomorrow end, give andyorch a pm nudge to also look in?

 

Sorry it's a bit tight. I wouldn't usually be this last minute but having a few health issues.

At hospital having chemo at the moment and for some reason can't work out how to PM via mobile.

 

I haven't done much link into cases etc, I'd focused on background up until now and ICO complaint.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Thank you :)

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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re bundle for filing/service, i think at this stage would be re wit statement, and schedule of cited case law, legislation, authorities, exhibits, etc, relied on? 450 pages seems alot? did the court say can do double sided?

if ends up in court, then can produce in full if required?

andy though will hopefully advise re that.

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Thanks.

Yeah that's what I've included basically. I didn't find out if I could do double sided. In fairness it could be around 330ish but the DPA alone is 130 pages.

Does the witness statement make sense?

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Responding to Fords PM.

 

Hi ..the WS is good ..layout and content fine...however I think you need to conclude it better and state what you require from the court and what you wish them to find for in your favour.

 

Regards

 

Andy

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Thank you Andy :)

 

Does anyone know where the judgement is for Kpohraror v Woolwich Building Society [1996] 4 All ER 119 I can't find it anywhere!

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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[ATTACH]49179[/ATTACH]

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Thank you.

All submitted.

We shall await the hearing....

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Hello, hearing is 28th. I have another hearing re CC charges on 24th and bundle went off for that last week.

 

No strike out application I didn't progress because they were in time with court.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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