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    • HI DX Yes check it every month , after I reinstated the second DD I was checking every week. Also checked my bank statements and each payment has cleared. When responding to the court claim does it need to be in spefic terms ? Or laid out in a certain format? Or is it just a case of putting down in writing how I have expained it on CAG?
    • Come and engage with homelessness   Museum of Homelessness MUSEUMOFHOMELESSNESS.ORG The award-winning Museum of Homelessness (MoH) was founded in 2015 and is run by people with direct experience of homelessness. A very different approach. If you're in London you should go and see them
    • 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 
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    • We have finally managed to obtain the transcript of this case.

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Egg CCA - is it enforcable?


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HI I have received my CCA from Egg but am unsure whether it is enforcable or not. I think the prescribed T&C's are not correct but I am quite new to this so could be wrong....

 

My photobucket link is here

 

http://i343.photobucket.com/albums/o455/moobelle36/IMG008.jpg

http://i343.photobucket.com/albums/o455/moobelle36/IMG009.jpg

 

 

and if someone could take a look and advise me I would be v grateful.

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Thanks reallymadwoman - I keep posting this in the hope someone will answer who does really know CCA agreements... but thanks for your input - I have posted in egg forum as well but no-one wants to answer me there either!!!!

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Hi

 

It has the "prescribed terms" and you have signed it so barring anything else it will be enforceable. you may have minor issues, but the agreement will always be enforceable against you. Start negotiating :(

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Cheers Dave and RMW - initial reaction - oh bugger!!! I don't really have anything to negotiate then do I if it is enforcable????

 

Am thinking might try Toymakers stance (I think he is saying as Egg terminated agreement when no defaults ie contrary to CCA1974 then they have effectively terminated his obligation to pay them ie if no contract on behalf of creditor then no contract on behalf of debtor) but am awaiting to see what happens with his thread in the long run.

 

Just feels like whatever I do am going to end up with defaults and maybe just going for BR now would be best option..... don't want my credit file shafted but if I don't get work soon its going to be anyway.

 

Am writing to all creditors next week asking them to freeze payments - am hop[ing that as have NEVER missed a single payment and have only ever done the paying late routine then maybe they will go for it - but in current climate who can tell? Other option is BR as have no income and seems unlikely that I am going to qualify for any benefits (despite having paid a fortune in taxes over last 20 years - yeah cheers government - really appreciated).

 

Moobelle

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Have you CCA'd the rest of your creditors? If not, I would do so as a lot of them probably won't have the CCA depending on how old the accounts are. Bankruptcy is obviously a big step to take and you could just try offering your creditors token payments of £1 pm and explain that you will try to increase these payments as soon as your situation improves. I have done this in the past, and although a lot of creditors are very threatening and unpleasant initially (surprise, surprise!) they do usually agree some sort of repayment plan with you eventually. It just buys you a bit of time to sort out what you want to do long term and as I mentioned before, you might find a lot of creditors don't even have the agreements for your accounts, which obviously puts you in a stronger position straight away. Good luck, Magda

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Hi, i'm no expert on CCA's by far, but from what i can make out on this forum, when you cca someone, they have to send you everything relating to that account, which includes everything they say is attached (ie the full terms & conditions and a cancellation notice). If this is incorrect, please ignore it but i think i am right. Hope this helps!!!

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Hi, i'm no expert on CCA's by far, but from what i can make out on this forum, when you cca someone, they have to send you everything relating to that account, which includes everything they say is attached (ie the full terms & conditions and a cancellation notice). If this is incorrect, please ignore it but i think i am right. Hope this helps!!!

 

A CCA request will (or should) get you......

 

1.... A copy of the executed agreement

2.... A copy of the T&C's (usually they try and give you the most recent)

3.... An uptodate statement of account

 

A creditors interpretation of the above usually WIDELY differs from what we believe they should provide. It then becomes a war of attrition

 

to get all the info you should SAR them

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Guest forgottenone
Other option is BR as have no income and seems unlikely that I am going to qualify for any benefits (despite having paid a fortune in taxes over last 20 years - yeah cheers government - really appreciated).

 

Unless you've been self employed or have savings exceeding a certain level there should be no reason why you cannot claim. Particularly if you've paid taxes. Would all depend on what benefit you were going for, what would affect it eg JSA1/2 ... IS ... IB *now defunct, though, or soon to be*, DLA ... which is not means tested, disability benefits ... just some ideas for you ... what you could be elligible for. If necessary.

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