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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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Surely the judge wouldn't ignore what you say? How rude of him!

 

Seriously, I think it depends on what they are arguing about really.

 

It just goes to show, if your a lawyer and are worried, what chance has Joe Public got?

 

Anyway, if you could post up the issue, I'm sure we will do everything poss to help. Good luck, join the club, LOL

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I havent figured out the scanning in thing yet but in short

 

got hutchinson phone and dongle, didnt work coz no signal, returned them (hutchinson now dispute that) they put defaults on my credit file, one for £30 the other for £35 but THEY put the account as closed. I tried to argue that a) phone contract isnt a credit agreement so default isnt applicable, b) not fit for purpose coz didnt work c) contract ended so is right to share my information d) willing and wanting to talk (they ignored this)

 

I served a stop notice, still said want to talk still ignored

 

I also contacted the CRA who contacted them and the reply was "we dont want the default removed" no addressing of any points, no reasons, just 'dont remove it' which the cra thought was acceptable but I actually dont.

 

lots of contacts like that then I eventually served in county court for breach of the stop order, equipment not fit for purpose so contract breached, inappropriate default and in dispute so ask for it to be removed.

 

They served defence saying contract still running so stop order not applicable

counter claim for £121 for early cancellation of contract (oh yes on the contract I signed I did cross out the share information clause and the shop attendant didnt notice and so accepted it)

 

They've completely ignored the amounts that they've put on the defaults and the fact that they wrote saying account closed and put that on the credit file too.

 

all I want is the defaults removed, hate county court and no the judges dont always treat the litigant in person well, would even pay them if they agreed to remove the default, but paying them and keeping the default is not acceptable to me.

 

My son suggests that if I go to court and lose, the default becomes a judgement and if you pay a judgement within 28 days it doesnt get on your credit file, in which case, what am I fighting for?

this is the only problem I have with credit, I'm almost debt free, my file would otherwise be healthy, I'm lucky, but this case still has the power to bring me down.

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On the 'share info' bit you crossed out, Is it legible on your copy, which I assume wasn't the top copy?

 

I wonder if you could do 1974 CCA request to them. They are legally obliged to comply (if indeed it is a credit agreement). This could hopefully give you the tools to drive a coach and horses through their defence at court.

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On the 'share info' bit you crossed out, Is it legible on your copy, which I assume wasn't the top copy?

 

I wonder if you could do 1974 CCA request to them. They are legally obliged to comply (if indeed it is a credit agreement). This could hopefully give you the tools to drive a coach and horses through their defence at court.

 

its not a credit agreement its a phone service agreement but my understanding is that this means it shouldnt be put as a default coz default is a particular thing under CCA

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I'm more interested in this thing that if I lose the default becomes a judgement and I can pay it to get rid of it - which seems to be a get out of jail free card if its true, does anyone know?

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well then I'll have to fight in court, will start my own thread, dont want to highjack Nottsdave's issue - but if its ok with you guys I'll follow this too coz its exactly the negative attitude of the district judges (actually more commonly deputy judges) that concerns me about going to court.

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As a matter of interest, why do you think the judges have this attitude? If one could work out why, then it would be easier to work out a strategy to get them 'on board'.

 

Is it because they have a mindset of, 'yeah, yeah, heard that one sonny?'

 

I'm afraid it's not a good advert for the system is it?

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As a matter of interest, why do you think the judges have this attitude? If one could work out why, then it would be easier to work out a strategy to get them 'on board'.

 

Is it because they have a mindset of, 'yeah, yeah, heard that one sonny?'

 

I'm afraid it's not a good advert for the system is it?

 

My personal feeling is because he will be public school educated and daddy has lots and paid for him to go through law school - they have no time for council tenants or those from inner cities. If you never went to school where fees had to be paid and wear a pinstrip shirt, you're just an oink, a common peasant, you make his court smell, so must be wrong.

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My personal feeling is because he will be public school educated and daddy has lots and paid for him to go through law school - they have no time for council tenants or those from inner cities. If you never went to school where fees had to be paid and wear a pinstrip shirt, you're just an oink, a common peasant, you make his court smell, so must be wrong.

 

 

Thats actually quite close, but a little simplified, I'm in criminal law but we do see something quite similar there, each court has its resident judges, and in general our cases have the same barristers (we have favourites) so we all know each other, in that respect it is sort of a club and (if we did see many defendants in person) they wouldnt be in that club.

 

Its not a simple class thing, I was a single parent on benefits did my degree at home with the OU paid for with grants from benefits. I didnt go to a private school, I was most definately an oink.

 

however most significantly, and the biggest reason for the attitude is that we do, daily, see people who have looked up bits of the law on the internet - they see microcosoms of the law, they see snapshots and then think that they have a full understanding, when actually they're missing major points which change the picture significantly.

 

So the Judge in his chambers, he already knows the lawyers on the companies side, they are in the club, and the litigant in person is someone who has looked up some microcosom on the internet - added 2+2 and got 12 1/2 so his immediate attitude is "you really should consult a real lawyer you know" and he doesnt bother to even listen.

 

Thats essentially what the problem is, not class, not public school only, but it is a general opinion that joe public is too thick to understand legal argument without using a lawyer and there is in my opinion a prevailing attitude of not listening to joe public as carefully as they listen to joe lawyer.

 

So you do get "you really should consult a lawyer on this" although I think that Judge described earlier is possibly an extreme case, in being quite so brazen about it, my opinion is that the general attitude is endemic.

 

how do we overcome it? I suspect only by dotting every i and crossing every T and making sure proof of our legal arguments is in the court bundle, so when he says credit cards dont need... or whatever, we are, there and then, in a position to say, excuse me sir, but let me refer you to the law.

 

Perversley, County Court ethics are that they are supposed to put us on a level footing with the lawyer, in practice, they dont.

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Hi jeffcapt.

 

Would feel it best opening your own thread with this as you do seem to have some insider info on how the court system is used and you do have a valid topic with regards to your mobile phone contract.

 

Have you actually contacted the company and stated without prejudice you would be willing to make full payment if they removed these defaults? Would be suprised if this option didn't appeal to them.

 

Have found the following link on mobile phones which may be useful

 

http://www.adviceguide.org.uk/index/c_mobile_phones.pdf

 

It may be that the default isn't on a contract regulated by the consumer credit act. Like overdrafts some type of contracts are exempt from this legislation.

Good luck

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Hi, sorry to hijack the thread but please can someone pop over to my thread @ http://www.consumeractiongroup.co.uk/forum/legal-issues/214746-court-action-advice-needed.html when they have a spare minute as I need some help with my Court Action. Thanks.

Check out the threads below for updates on the DCA's that I am dealing with.

 

GE Money/CL Finance/Howard Cohen & Co - AND - Aktiv Kapital/Appleton Massey Solicitors - IN COURT

Cabot x 2 for Vanquis & Hitatchi - DEFAULTED ON CCA REQUEST

Lowell for Capital One - CANCELLED DEBT!! Trying to get Default removed now

Moorcroft x 2 for Halifax Loan & Bank Account - RETURNED TO HALIFAX

Wescot for Halifax Bank Account - RETURNED TO HALIFAX

Cap Quest for Argos Card - RETURNED TO ARGOS

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Hi Notts,

 

It looks like I will go in to bat first then as mine is Sept 9th.

 

In some respect I am looking forward to it but am slightly worried about their powers under contempt of court regs. I was once 'held' for contempt in the magistrates court where I was working so I will take a thick book with me and my toothbrush LOL

 

GK

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Hi Gamekeeper,

 

The Judge Beale adjourned my case until Oct, I have since appointed Legal representation .

 

Notts

 

Can I ask who you have appointed? I only ask coz I'm in the same area and may be interested in seeing if they can help me too. Are such questions allowed in this forum?

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Can I ask who you have appointed? I only ask coz I'm in the same area and may be interested in seeing if they can help me too. Are such questions allowed in this forum?

You would be best doing this through pm as this could be cla

ssed as advertizing which is against forum rules.

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