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    • 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  So brief outline. Purchased car Jan 30th ,garage paid the tax for me after I gave them my card details so 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 so slightly longer than the original tax set up so 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. So 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 so 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 
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Moorcroft - supplied copy of agreement after 12 days?


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Hi,

 

I am in need of some guidance as to what to do next for my son? my original thread dates back to April 07 as below:-

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/86469-dca-legal-action-son-2.html

 

 

the debt over the last year has been passed around probably every DCA in the country!

 

J&J Collections

Blair, Oliver & Scott

IQOR

Wescot

Nelson, Grant & Partners

 

all the above DCA's were supplied with CCA's and none could supply anything I asked for, never have whether it be within the timescale or not.

 

and now lastly Moorcroft.

Moorcroft sent my son a letter of 'intended litigation', which I followed with a CCA, usual requests I made of copy of original credit agreement, statement of account, copy of the executed deed of assignment and a fair processing notice.

 

the 12 days passed on the 28th March, when they are then allowed a further 30 calendar days, well on the 17th April we received from Moorcroft what seems to be the copy of the original loan agreement which is signed by my son, so it is after the 12 days, but before the end of the 30 days?

 

they have not supplied any other information we asked for, just a letter stating they are giving us 14 days to respond to arrange payment otherwise they will be taking further action ect ect.

 

I guess I now need to look at what to do next? should I contact Moorcroft asking for the missing documents which they havent supplied? do I need to contact to make an offer?

 

I dont even know if the amount stated due is correct?

 

any help is very much appreciated as my 14 days are running out!

thank you

Joanne

14/06/06 Data Protection Act Sent to SPML

28/06/06 - Info / statements received from SPML

2/8/06 Pre Lim to SPML for £324.72

16/8/06 LBA to SPML

28/9/06 filed MCOL

defence filing date extended to 22/12/06

28/12/06 copy of defence received from sch

16/01/07 AQ filed with court

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They are obliged along with a copy of the agreement to send you statements of the account. As most of the others were unable to supply a CCA when Requested I would be suspicious of what Moorcroft claim to be a CCA. Can you scan and post it here leaving out all the personal details

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thanks

here is the copy they sent:-

copy of agreement.doc

14/06/06 Data Protection Act Sent to SPML

28/06/06 - Info / statements received from SPML

2/8/06 Pre Lim to SPML for £324.72

16/8/06 LBA to SPML

28/9/06 filed MCOL

defence filing date extended to 22/12/06

28/12/06 copy of defence received from sch

16/01/07 AQ filed with court

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There are certainly better people than me that will come on here and offer you better advise but I will make the following 2 points.

 

  1. The document asks you to refer to information overleaf. Is the document you have 2 sided, or did they supply an extra page that you havent scanned?
  2. The 2 signatures that are supposed to be your sons dont look the same. There are subtle differences between the 2. In the top signature the capital letter of the surname has a point on it where as the second is rounded. And where it loos like the name has a double 'o' in it the size difference between the first and second has been reversed.

I am very suspicious of these signatures.

Lowell Financial - No CCA available

NDR - CCA request sent 08/04

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Hi

 

yes there is a second page, no signatures on that, just wording relating to terms and conditions, schedule of default costs and data protection notice.

 

not realised the signatures to be honest.

 

does the signing dates make a difference, in relation to them signing before my son?

 

thanks for any input and advice

Joanne

14/06/06 Data Protection Act Sent to SPML

28/06/06 - Info / statements received from SPML

2/8/06 Pre Lim to SPML for £324.72

16/8/06 LBA to SPML

28/9/06 filed MCOL

defence filing date extended to 22/12/06

28/12/06 copy of defence received from sch

16/01/07 AQ filed with court

Link to post
Share on other sites

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