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    • I disagree with the charge and also the statements sent. Firstly I have not received any correspondence from DVLA especially a statutory notice dated 2/5/2024 or a notice 16/5/2024 voiding my licence if I had I would have responded within this timeframe. The only letter received was the single justice procedure notice dated the 29.5.2024 this was received on 4.6.2024. I also disagree with the statement that tax was dishonoured through invalid indemnity claim. I disagree that the licence be voided I purchased the vehicle in Jan 2024 from RDA car sales Pontefract with agreement to collect the car on the 28.1.2024. The garage taxed the vehicle on the 25.1.24 for eleven payments on direct debit  using my debit card on my behalf. £62.18 was the initial payment on 8.2.24  and £31 per month thereafter the second payment was 1.3.24.This would run from Jan 24 to Dec 24 and a total of £372.75, therefore the car was clearly taxed before  I took the car away After checking one of my vehicle apps  I could see the vehicle was showing as untaxed it later transpired that DVLA had cancelled my tax , without reason and I did not receive any correspondence from DVLA to state why it was cancelled or when. The original payment of £62.18 had gone through and verified by my bank Lloyds so this payment was not declined. I then set up the direct debit again straight away at my local post office branch on 15.2.2024 the first payment was £31 on 1.3.2024 and subsequent payments up to Feb 2025 with a total of £372.75 which was the same total as the original DD that was set up in Jan, Therefore I claimed the £62.18 back from my bank as an indemnity claim as this payment was from the original cancelled tax from DVLA and had been cancelled . I have checked my bank account at Lloyds and every payment since Jan 24  up to date has been taken with none rejected as follows: 8.2.24 - £62.15 1.3.24 - £31.09 2.4.24 - £31.06 1.5.24 - £31.06 3.6.23-£31.06 I have paper copies of the original DD set up conformation plus a breakdown of payments per month , and a paper copy of the second DD setup with breakdown of payments plus a receipt from the post office.I can also provide bank statements showing each payment to DVLA I also ask that my licence be reinstated due to the above  
    • You know hes had it when they call out those willing to say anything even claiming tories have reduced taxes on live tv AS Salmonella says: The Conservative Party must embrace Nigel Farage to “unite the right”, Suella Braverman has urged, following a disastrous few days for Rishi Sunak. The former home secretary told The Times there was “not much difference” between the new Reform UK leader’s policies and those of the Tories, as senior Conservatives start debating the future of the party. hers.   AND Goves replacement gets caught booking in an airbnb to claim he lives locally .. as of yesterday you can rent it yourself in late July - as he'll either be gone or claiming taxpayer funded expenses for a house Alongside pictures of himself entering a house, Mr McGuinness said Surrey Heath residents “rightly expect their MP to be a part of their community”. - So whens farage getting around to renting (and subletting) a clacton beach hut?   Gove’s replacement caught out on constituency house claim as home found on Airbnb WWW.INDEPENDENT.CO.UK Social media users quickly pointed out house Ed McGuinness had posted photos in was available to rent     As Douglas Ross says he'll stand down in scotland - if he wins a Westminster seat - such devotion.
    • I've completed a draft copy to defend and will post up here for review.  Looking over the dates and payments this all stemmed from DVLA cancelling in Feb , whereby I set up a new DD in Feb hence the overlap, why they cancelled when I paid originally in Jan I have no idea. Anyway now stuck with pending court action and a suspended licence . I am also firing off a letter to DVLa recorded disputing the licence revoke
    • Thank you both for your expert knowledge and understanding. You're fighting the good fight by standing up for people like me and others with limited knowledge of this stuff. I thank you. I know all my DVLA details are good. I recently (last year) renewed my license, and my car's V5 is current with the correct details; the same is valid for my partner. I'll continue to ignore the love letters 😂 and won't let it bother either me or my partner.  I'll revisit this post if/when I get a letter of claim.  F**k ém.
    • Please check back later on today for a fuller response and some edits
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lowells again


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Aah, that may be the difference, lowlife came up with zilch not even an application that they felt was good enough to satisfy my request for a CCA :rolleyes: I think you will just have to be tenacious with them. Might be worth telling them that an application doesn't do the job, copy in the commissioner, etc, etc.

 

I am at the early stages with another DCA regarding defaults and may have to start another thread for that. Their data controller had the nerve to say that although if a debt isn't enforceable doesn't mean the DCA can't lodge a default :confused::eek: So what's stopping a DCA randomly dishing out defaults just for fun? Maybe I should stick a default on his personal CRA file 'just for a laugh' see how he likes it :D

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This is what is confusing me(doesn't take much these days)

In their goodbye letter they state they are closing my file until such time a valid CCA turns up so if they think that what they have sent me is a valid CCA then why are they not persuing me for the debt?

I suspect they know they won't get very far if they try to take me to court which is why they are not chasing.

Do i give them one last chance with a Letter Before Action stating that i know that it's an applicatiom and not an agreement and they know it too and invite them to take me to court if they think it's valid.

So either they remove the data or enforce the debt.Risky?

 

 

fox

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Until they are given a darned good slap and made to see that the paperwork supplied is not an enforceable document, they are taking it that it is, but they didn't supply it in time, hence not requesting payment.

 

In cases where the document is correct, but was not supplied within the timescale, it can be used to register/uphold a default as the debt still exsits, even though payment is not enforceable.

 

The same argument would apply to breaches of the DPA in processing data. They will have to be told that the paperwork they are relying on to support their claims is invalid.

 

A claim for damages via the courts may be called for ?

 

what's stopping a DCA randomly dishing out defaults just for fun?

But they already do!

 

...until such time a valid CCA turns up so if they think that what they have sent me is a valid CCA then why are they not persuing me for the debt?

They've said as much in their letter - they failed to supply the alleged CCA within the timescale allowed, so are not requesting payment.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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Thanks for your input hillards. I understand now.

 

I can't afford to take them to court (Income support won't stretch that far)

and I haven't really suffered damages apart from defamation.

 

fox

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Thanks for your input hillards. I understand now.

 

I can't afford to take them to court (Income support won't stretch that far)

and I haven't really suffered damages apart from defamation.

 

fox

 

If they do take this any further, and they shouldn't once you slap them, then part of your counter-claim would be for defamation, angish, distress, and costs in having to keep writing to these monkeys... That way it wouldn't cost you anything.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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Thanks for your input hillards. I understand now.

 

I can't afford to take them to court (Income support won't stretch that far)

and I haven't really suffered damages apart from defamation.

 

fox

 

Aren't you allowed damages for defamation? If so might it be worth finding a no-win no-fee solicitor to take it on? May be one of those that works for DCA's when it comes to trying to BR debtors :D

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I'd just love to send bryan carter a letter to see if he'll take it on as a no win no fee:D

I've decided to SAR Crap1 to get some information that only they hold which if they do have it will shoot the lowlifes down in flames and strengthen my case.Can't go into details but once i get something back I'll be able to assess where I go from here.

I'm also going to LBA lowells just to keep the ball rolling and also contact the information commissioner to get the complaint started.

I think that'll do for now :D

 

fox

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Just as an aside. does anyone know which address to write to Crap1?

Nottingham or london?

If you are asked to deal with any matter via private message, PLEASE report it.

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Just found this:

 

Capital One Bank (Europe) PLC

Trent House

Station Street

Nottingham

NG2 3HX

 

Is that the right address please

 

fox

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Best one for me has been

 

Executive Office

Capital One

PO Box 5283

Nottingham

NG2 3YG

 

 

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Thanks again Hillards.

I'll send it for the attention of the data controller too.

 

fox

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Hi Fox, What a pain in the ar*e they are being for you - I think Hillards has got a fair point tho' in as much as you could surely claim for the defamation side of things (vaguely remember something about it & tort etc from gcse law ha ha) - also, would u be entitled to financial help with taking em to court maybe like a legal aid kinda thing (if thats still about or applies?).

Make sure you post up any drafts you do before sending hunny. Gd luck! Have started new thread for the cabot paperwork i got & had dome1 say the same as me & you did so am just waiting really for a few more comments hopefully agreeing the same then will see what is the best template to use to respond to the them - although i could poss just ignore them if it IS unenforceable, until they start to chase me again. (thanks for pm - cheered me up no end).

Laters

Mpols x

'Confidence grows & heartbeat slows to a steady stronger beat, as each member unites, against DCA fights & we all sail aboard the CAG fleet!' :rolleyes:

:pKeep smiling peeps!

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Hi Mpols,

After todays letter my nicotine( and caffeine) intake has shot through the roof. just had a thought. Had nothing to eat either yet DOH!

I'll post up what i get back. no point posting the SAR request as it's standard stuff.

 

fox

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:rolleyes: Aaah bloomin men! Can't take care of emselves (Only jokin) ha ha - Can offer you a fishfinger sarnie thats what my young'uns have just asked for for their tea tonight ha ha - no mention of veggies or the '5 a day' of course - love em!

'Confidence grows & heartbeat slows to a steady stronger beat, as each member unites, against DCA fights & we all sail aboard the CAG fleet!' :rolleyes:

:pKeep smiling peeps!

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Ah bless. Can you PM me one but it might get a bit squashed with the bandwidth.

 

Once I've finished my letter before action I'll post it up for everyone to laugh at:|

 

fox

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"Just put something realllly blunt like..erm..."Dear !£$%!, You are talking outta your bum - I have received top advice from a very select independent panel (YAY CAGGERS!) & do not expect to be interrupted by your piffle again - so there. Please see the Boring legal very small print below to remind you of what you already know, nb, to return the favour i have of course made the font as teensy as poss and then repeatedly let my dog/cat/rhino excrete all over it in order to make this illegible for you (but am willing to claim it is a true copy honest (with my fingers xed behind my back).

Yours. MR fOX xx" :mad:

 

(not quite on the same level as SH's fab responses but i'm distratcted at the mo - x)

Edited by mysticpols06

'Confidence grows & heartbeat slows to a steady stronger beat, as each member unites, against DCA fights & we all sail aboard the CAG fleet!' :rolleyes:

:pKeep smiling peeps!

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I don't have a pet rhino but if I did I'd take it on a ride to leeds to make a deposit at clownells :D

 

More info needed please.

What should be in an agreement.

I already know that there should be:

The interest rate

the credit limit

The Repayment schedule

Penalty charges

 

Is there anything else i need to put in.

Thanks all

 

fox

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Well the letter I got from lowlifes is dated today and posted yesterday. Do these people(?) not know their ar$e from their elbows.

I won't stoop to their level though. I'll do things properly(well as properly as a layman can) :)

 

fox

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Right, This is a draft of the LBA I intend to send to the lowlifes.

Any comments, good, bad or indifferent would be welcome:

 

LETTER BEFORE ACTION

 

 

Dear Sir/Madam

 

 

Thankyou for your letter dated 9th January 2009 which was posted on 8th January that I received today (9th January 2009) The contents are noted.

I am giving you one final opportunity to resolve this issue. The Consumer Credit Agreement that you are relying on to continue illegally processing my data is, as you are fully aware, an application form and as such would never stand the test on enforceability in the courts.

As you are aware, a fully executed agreement needs to comply with the Consumer Credit Act 1974. The document supplied by you does not contain:

a) An interest rate

b)A credit limit

c)Payment schedule

d)Penalty charges

 

 

As the “agreement” is unenforceable in law, I would suggest you revisit you decision to carry on illegally using my data and stop forthwith, removing all adverse data you have placed on the various credit reference agencies.

Failure to comply with my demands will result in no further contact with you and court action will be commenced where you will be put to strict proof that you have the right to be processing my data.

I Believe that you are also abusing my rights under article 8 of the Human Rights Act which will also be discussed with the courts.

 

 

I trust this makes my position very clear and that I will not stand back and let you abuse your position.

I shall be copying all correspondence that have been sent and received to the Office of Fair Trading, Trading Standards, The Financial Ombudsman and the Information Commissioner.

 

 

I look forward to your closure on this matter

 

 

Yours Faithfully

If you are asked to deal with any matter via private message, PLEASE report it.

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I shall be copying all correspondence that have been sent and received to the Office of Fair Trading, Trading Standards, The Financial Ombudsman and the Information Commissioner.

Don't forget your MP as well...

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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I'll add that.

Any other thoughts?

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Just had a thought that could slow down my progress. I haven't yet made a formal complaint to lowlifes. Should I be doing that before i take it any further.

All I've sent them is the A/C in dispute letter, the s10 letter and a follow up to the s10 but no official complaint. I did receive a complaints shett of paper from them today so should I go down that route first/

 

fox

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with reference to the post above. Could I send the letter before action as well as a complaint letter in the same envelope?

All answers gratefully accepted

 

fox

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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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