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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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Help Please Re: CCJ From Northampton CCBC - ***DISCONTINUED***


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Thanks tinkerbell :), I have had a look through, one envelope is full of copies of statements (from online) so it's not as bad as I thought (breathes sigh of relief!).

 

There is no CCA signed or otherwise at all. There are loose pages of Terms and Conditions (kept together with a paper clip). It does however include a section that's headed "CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974".

 

So, I am presuming that they have not complied the CCA part of the CPR request really?

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Thanks tinkerbell :), I have had a look through, one envelope is full of copies of statements (from online) so it's not as bad as I thought (breathes sigh of relief!).

 

There is no CCA signed or otherwise at all. There are loose pages of Terms and Conditions (kept together with a paper clip). It does however include a section that's headed "CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974".

 

So, I am presuming that they have not complied the CCA part of the CPR request really?

 

I would think that unless that section is attached to something with your signature it wont matter very much.

 

What a nuisance they have decided to come up with this lot though.:(

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Thanks citizenB :)

 

Re my saying:

 

It does however include a section that's headed "CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974".

 

Sorry, I didn't explain myself very well did I!! That "section" was a paragraph within the Terms and Conditions. Reading back over my earlier post, I get the impression that I have made it seem like that was a seperate entity! Doh!

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Thanks citizenB :)

 

Re my saying:

 

It does however include a section that's headed "CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974".

 

Sorry, I didn't explain myself very well did I!! That "section" was a paragraph within the Terms and Conditions. Reading back over my earlier post, I get the impression that I have made it seem like that was a seperate entity! Doh!

 

Not a problem, but as you say, if there is no signed agreement then that section is pretty irrelevant I would have thought ?. :D

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I can't believe this, I missed it, must have had my eyes shut!!!! :eek:

 

This is a copy of the CCA they sent, apologies for the quality but that's how it arrived! There was nothing on the reverse. It looks like it was copied on to an A4 sheet of paper.

 

http://i305.photobucket.com/albums/nn216/Misterzeus/CCASCAN.jpg

 

Any thoughts please :)

 

Thanks in advance

 

Mr & Mrs Z

Edited by Misterzeus
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Hi Mr & Mrs Z

 

A nice genuine unenforcable application form;)

 

 

Regards

 

Andy:)

We could do with some help from you.

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Thanks so much andyorch!

 

We had a feeling it may be an application form even though it states at the top " Credit Agreement Regulated By The Consumer Credit Act 1974" because it had about a balance transfer on there.

 

Any advice on what the next step is?

 

Do we write to Co-op or Incasso to say it is not a CCA? Or do we put that in as part of the Full defence??

 

It's been two weeks since the "Embarrassed Defence" was submitted (25th July). Northampton County Court replied acknowledging Mr Z's Defence, stating that the Claimant may contact you direct to resolve any dispute and if it cannot be resolved informally, the Claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen etc.

 

Does that mean the court will give Mr Z a date in which his full Defence has to be submitted by? Sorry if I appear dense, but just want to be sure! Getting a tad panicky again, even though I vowed to myself I wouldn't!!

 

Any help very much appreciated :)

 

Thanks tinkerbell :)

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Hi

 

Do nothing now not until you recieve an AQ which I doubt very much,the claim will remain stayed until such time the claimant wishes to revive the claim.The longer they leave it the better for yourselves.The claimant will have to pay and give very valid reason to revive said claim.

So in answer do nothing excersise patience and then apply for a strike out.

 

 

Regards

 

Andy;)

We could do with some help from you.

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Andy, thank you so much once again, you're a star :)

 

Ok, we will do as you say, apologies for being a flapper!

 

This is understanable, it must have been a bit worrying for them to have produced a document at the 11th hour and not know how it would affect your case.

 

Brilliant news that it wont . I cant believe they thought they would get away with it. :D

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5: Forum rules - These have been updated - Please Read

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1: How can BCOBS protect you from your Banks unfair treatment

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks citizenB :)

 

Yes, I am feeling a little anxious today (must be that time of life!!). Although I do feel a total idiot for not noticing their "alleged" CCA sooner!!!! :oops:

 

Still, I suppose the fact that it's not the real deal helps a great deal :D

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Just think what idiots the other side are going to look like if they decide to continue with that bit of worthless paper.. it will make you feel a lot better. :D

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5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...

Good morning all, Mrs Zeus here

 

Just a quick question if I may:

 

The 28 days given to the Claimant to respond to Mr Z's "embarrassed" defence - is that "working" days or just consecutive days?

 

Any help appreciated :)

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Hi Mrs Z

 

Consecutive.

 

Regards

 

Andy:)

We could do with some help from you.

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Thanks for your quick response Andy – a star as always :)

 

I’ve just reread the letter from the Court regarding confirmation of the Embarrassed Defence and it states the Claimant has 28 days from receipt of a copy of the defence. The copy sent (recorded) by Mr Z was received by Incasso on the 22nd July, so even allowing from the 23rd, I make it that their 28 days were up on 19th August.

 

Dare I say it’s looking good for Mr Z?

 

Here's hoping ;)

 

Thanks again Andy :)

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Woohoo.. have they failed to respond ?. I wonder if it would be a good idea to telephone the court to see if anything has been received by them?... just to cover yourselves :D

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Dealing with Customer Service Departments? - read the CAG Guide first

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi citizenB :)

 

hope you're well.

 

Mr Z has not heard a dicky bird from either Co-op or Incasso (apart from the unenforcable CCA and other stuff with it as per part 18 request).

 

Surely if they had filed something with the court, they (the court) would have sent an AQ as Andy said a few posts back?

 

The earliest Mr Z could phone the court is possibly next Tuesday, they obviously wouldn't speak with me about it due to the Data Protection Act. TBH, I wouldn't particularly want to ring myself, I would get all tongue twisted :shock:

 

Have a good bank holiday weekend :)

Edited by Misterzeus
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Hi citizenB :)

 

hope you're well.

 

Yes, thank you. How about yourselves ?:)

 

Mr Z has not heard a dicky bird from either Co-op or Incasso (apart from the unenforcable CCA and other stuff with it as per part 18 request).

 

This is really, really good news :D

 

Surely if they had filed something with the court, they (the court) would have sent an AQ as Andy said a few posts back?

 

This is true. However I am a fully paid up member of the pessimist club :razz:

 

The earliest Mr Z could phone the court is possibly next Tuesday, they obviously wouldn't speak with me about it due to the Data Protection Act. TBH, I wouldn't particularly want to ring myself, I would get all tongue twisted :shock:

 

Me too :D

 

Have a good bank holiday weekend :)

 

You too. :)

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Uploading documents to CAG ** Instructions **

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi citizenB,

 

We are fine thank you (not strictly true with me, I have a raging headache that has flatly refused to acknowledge the ibuprofen I have taken :()

 

Re the "pessimist club" - I laughed so much that it's really lucky that I don't have (or should I say Mr Z has banned :D) any coffee in the "office" or I would have splattered it all over the keyboard!!!!!

 

Perhaps it may be best that Mr Z phones them on his next day off to check then. It's funny you know, you're a member of the pessimist club, I think I may be eligible too, I should certainly be a candidate worthy of the panickers club!! :razz:

 

 

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Hi citizenB,

 

We are fine thank you (not strictly true with me, I have a raging headache that has flatly refused to acknowledge the ibuprofen I have taken :()

 

Re the "pessimist club" - I laughed so much that it's really lucky that I don't have (or should I say Mr Z has banned :D) any coffee in the "office" or I would have splattered it all over the keyboard!!!!!

 

Perhaps it may be best that Mr Z phones them on his next day off to check then. It's funny you know, you're a member of the pessimist club, I think I may be eligible too, I should certainly be a candidate worthy of the panickers club!! :razz:

 

 

 

Sorry to hear about the headache, I hope the ibupofren kicks in soon:D

 

Hmm, yes it is probably a good thing that Mr Z has banned the caffiene from the office.

 

Andy is of course correct, the court would have notified you if Incasso/coop had responded, so I guess I wouldnt worry too much. :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi again citizenB,

 

thought I'd log on quick before putting dinner on.

 

My headache has subsided now thank goodness :)

 

Yes I agree, the court would have notified Mr Z if they had anything, so will not worry too much :D

 

It's pouring down here - quite depressing really, but then, it's the bank holiday weekend - so par for the course really!!

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That is good news. Yep, it is raining here as well, Bank Holiday Weekend wouldnt be BH weekend with out rain now would it :p

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 3 weeks later...
Hi

 

Do nothing now not until you recieve an AQ which I doubt very much,the claim will remain stayed until such time the claimant wishes to revive the claim.The longer they leave it the better for yourselves.The claimant will have to pay and give very valid reason to revive said claim.

So in answer do nothing excersise patience and then apply for a strike out.

 

 

Regards

 

Andy;)

 

For Andy, if you are around :)

 

When you say exercise patience, how long for?? Sorry, but was thinking if Mr Z needs to phone Northampton Court to enquire as to whether any more info from Co-op/Incasso has been forthcoming - he's off today only this week, so should he ring them or not?

 

What is your advice on this please?

 

Thanks, Mrs Z :)

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