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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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Re: Distressing phone call from MBNA


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SF, you missed IGNM's post earlier. :)

Thanks CitB i did miss it!:)

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Hello Sunflower,

 

Just subbing to this thread, well I don't believe it. MBNA passed your account to restons and as is restons normal practice they have issued proceedings against you.

 

It is restons normal practice to chance their arm with any accounts passed to them. The issued proceedings against me two years ago and tried every trick to wear me down, and of course they didnt. They are really not that stupid that they knew they were on very dodgy ground with their pre-application agreement. They hastily retreated prior to the court date as they stated they would not be attending the trial as my account had been sold to a un-named third party:eek: and to this day I still have not heard from this unknown party:-D. I attended court and was awarded costs, tehe:-D

 

Restons are a business and if they issue 100 court cases a large % will admit the debt as they are unfortunately ignorant of their legal rights. So firstly do not take this personally, you are just one of many. But you my dear are not so ignorant and have Cag on your side.:grin: You defend and even counterclaim, that will make them sit up to attention.:D

Hi Hellhasnofury

Thanks for that post it has given me more encouragement ! :)i am hopeful that this thread will have a succces on it sometime in future!:-D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Hi Sunflower - Good to see things are progressing nicely with your case.

 

'hellhasnofury' makes some really interesting points about Restons ..... it should give you confidence about what you are doing ... it's certainly giving me more !

 

You were a few steps ahead of me regarding our respective MBNA/Restons cases ... but I now think we are more in sync. I received my claim form from Northampton CC about a week and a half ago and have already acknowledged service [intending to defend all of the claim] and also sent a CPR 31.14 request to Restons recorded delivery last week.

 

I'm also not convinced that the CCA MBNA sent me a couple of months ago is enforceable, firstly due to irregularities between front and back copies - condition 11 on one side refers to something completely different on the other. Secondly, it mentions £12 charges, which in 2001 [start of my account] were not the charges they were applying to my account !

 

Having now had the opportunity to review all transactions on this account from 2001 I have also sent Restons a letter claiming back all charges on the account [which total a third of the value of their entire claim !] I never received a letter back regarding this issue, so I assume this is what prompted them to pursue litigation ! Mistake on their part I think !

 

Also - having compared our POC's, I note they are identical - so I'm also pleased to read that they are not allowed to claim S69 interest on the debt. All adds to our defence should it finally end up in court.

 

I'm going all the way with this one ..... and am totally prepared for battle !

 

So Restons .... if you are reading .... which I'm sure you are .... I have a little quote from Robert Browning's 'Pied Piper of Hamelin' for you ......

 

"You threaten us, fellow ? Do your worst, blow your pipe there till you burst !" :cool:

 

I'm subbing to your thread with interest now and will keep you up dated with any development regarding mine - cheers > c-b

Hi Cartier-Bresson

Thanks for your moral support! Yes that was a great post from Hellhasnofury and i am getting a lot of hope now!:-Di am glad you finding help and encoragement from my thread too! Lets hope that somtime in the future our threads will have the word Success in them !:-DTo be honest i dont think you claiming charges had any bearing on them sending you a summons as they sent me one and i have not so far claimed back any unfair chages.It seems like Restons issue court claims as a matter of course in virtually all of their cases but like Hellhas nofury and CitB pointed out they often not succesful where Caggers are involved! :D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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hya sunflower, with you too hun.. i dont know how you will check date stamps of defaults notices, all my info from mbna doesnt have date stamps just has a orange bar code on it which does not identify date.

 

this is a brill thread by the way as you know im also one step behind you

 

i couldnt see the poc that they sent to you, is it available via pm would really like to study it, done a few pocs in my time.

Hi Muffintop

I am glad you managed to find the part of my court form that contains the poc on post 32,I am glad you finding my thread helpful.As you say we are all in this togethher and will help each other and all beat MBNA together!:D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Thank for all your help advice and mmoral support on this thread folks!:)

i can see we are all getting together to give Reston/MBNA a hard time on all the MBNA/Reston threads :D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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i accidently deleted my Dn notice! so i reposted it!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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:D I have days like that as well;)

Hi Undedog!

LOL! I also accidently dleted my two reston letter and will have to install them back again! But i thought the most important one to get back up there was my DN notice! :)x

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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How You Doing Hun.

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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How You Doing Hun.

Hi Muffintop!

Fine thanks! CitizenB has been fantastic and i am getting a lot of behind the scenes help!:DThe people on this forum fantastic! I know now i have come to right place for help!:)

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Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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wow did you do this alone sunflower

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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Morning Sunflower :)

Just been catching up with your thread, and have to say well done for keeping your cool and dealing with this so well. CitB deserves a medal too for unstinting help and support :).

Stick at it, I'll be watching with bated breath and fingers crossed for you.

All I can say is:

 

Watch out Restons..here come the girls!!!

 

Elsa x

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hiya sunflower, just come across this thread of yours so am subbing

 

going to learn as much as i can from you now,,,,keep it up gal,,,;)

 

you have come along heaps since you first logged in, remember???

 

its fab, im sorry that you are having to deal with this but at least you know you can come to cag and we can help you along the way in our own little efforts, which makes it an overall huge effort

 

keep happy laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Well done on getting that sorted.

 

Thinking that Restons, (which is not a large firm), who's accuracy and attention to detail is poor to say the least, will start to struggle with the workload they have taken on. Time will tell.

 

David

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Well done on getting that sorted.

 

Thinking that Restons, (which is not a large firm), who's accuracy and attention to detail is poor to say the least, will start to struggle with the workload they have taken on. Time will tell.

 

David

Hi David

Yes something starting to tell us that Restons bitten off more than they can chew reeling in all us Caggers!:D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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hiya sunflower

 

well im back on the cases all of mine,,,have to deal with now cos ive lapsed a bit

 

but latest on one of my mbna got a debt collection visit the other week from lewis people, so i do have to get the approp letters out and i might even send them a cca req just to get things moving and see what then happens,,,

 

anyway off to have a bit of dinner now and again sorry not been around on your threads so much but i can see you have had some marveloous info and like you have got the same cca copies therefore i will read your complete thread laters

 

have a sunny pm,,,,,laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Still subbing sf ;)

 

 

 

Angel, surely you've done that by now!!!!!!! Hope you look at the CPR route too.....:cool:

Hi AA99

Welcome to my reston thread!:DAs you can see MBNA have found some new friends for me !

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Hi David and CitB!

Thanks for looking at latest developements on my Restons thread Will answer your pms soon!:)

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Hello everyone-this is the most informative thread I have ever read-well done and thanks to you all!!

 

I received the first stages of court threat letters from Restons today-giving me until June 17th to pay in full or legal proceedings will be taken etc etc

 

It is also a debt with MBNA, who offered to accept £90 per month in May and then changed their minds and sent the debt to Restons!! When I sent Restons a copy of the letter from MBNA saying they would accept £90 per month, they said this was no longer acceptable to their client and they wanted the full amount (£10,000) by 17th June

 

I am on a DMP with CCCS who have been brilliant and it is only MBNA who are being nasty.

 

As and when I get the court papers would anybody be able to help me fill them out? I havent SAJ'd MBNA yet-should I do that now or send the sample letter in the thread once court proceedings are issued?

 

All your advice would be much appreciated

 

DJX:D

Edited by citizenB
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WM it will be very interesting to see how my case pans out tomorrow PF

Edited by citizenB
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Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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I posted up Restons first letter as i accidently deleted it!

Edited by citizenB

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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I suppose they are hopeing that the majority of their victims dont know their rights and just let them enter a judgement by default!I expect they hate it when they see they reeled in a cagger!:D

Edited by citizenB

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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well if all goes well tomorrow after the hearing i will let slip to the barrister what a great site this is cant wait to see the look on his face.

Edited by citizenB

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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