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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.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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County Court Claim


Gunner77
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Hi Pank, no not yet, they (HFO) have until 30/03 to file their papers, so still waiting on them. I am all ready and set to go, I have confidence I will win thanks to the posters on this forum and esp Creditcardmug. I will keep you all posted, will defo put up the letter HFO sent me tonight.

 

How on earth can anyone work for such a company? Are there any good DCA's who have compassion and actively try to find solutions rather than just be all agressive and intimidate debtors!!!

 

Maybe if they worked with debtors rather than intidate and alienated them they would earn more money!!!

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Yes, I know my thoughts exactly. I guess that after you have been working there for awile it all seems normal and you just carry on and do what you are told because you are so brainwashed by then..........You are basically chasing people that dooes not have any money. If they did they would have paid in the first place....

I would not be able to do it

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Sorry guys at work and it won't let me visit the listed sites. All I can say is that they have sent me a quick reply application form. No T&C's attached, no mention of APR's etc. They just tried to call me again, think they are scared.

 

Can I call the court and ask whether they have submitted their form? Cheers.

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Doubt they're scared, Gunner. Probably just muttering "B*gger, another clever dick who called our bluff. What ruse shall we try next?"

 

They'll probably delay sending in their AQ in the hope they'll get yours first and get a heads up on what you're up to.

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yep that sounds good, then send a un-signed copy to the claimant by second class post, they should get this after the date set by the court so they wont be able to counter anything you have in your AQ

 

Notts

As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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Thanks will do that. Sorry but once this form has been submitted what next? If HFO/Turnbull haven't filed anything then surely once the deadline passes of 30/03 they cannot file anything or proceed with the case?

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You'd be surprised, sadly, how much leeway the courts will give them, up to a few days after filing should have been done.

 

The only way to counter this is to pay your £75 for an N244 and ask for a strike out if the AQ isn't in within, say, five days of the due date. You can really only sit back and wait.

 

In the meantime, we need to prepare your evidence, based on pulling the agreement and any T&Cs apart, as well as looking at deficiencies in default notices and the like.

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waitng is the name of the game, my case deadline was the 16th March but after ringing everyday to ask wether its been struck out the court tell me its to go in front of the judge soon ! but they have a backlog.

I bet if I was late they would have my A*S in a sling.

 

But hey ho

 

Notts

As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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So if I pay this £75 what will it achieve? As I have said I have no debts other than this one (although don't think I owe them a penny!!) and so if this speeds up me getting these goons out of my life all the better. Thanks.

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Hi guys anyone confirm or otherwise the situation should I submit my AQ and HFO/Turnbull do not and then I pay£75 and submit the relevant form. Will the case be closed and HFO/Turnbull have to remove my default and cease any further actions against me? Thanks.

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It's probably not worth the money. If they submit the AQ late, in the period between you issuing the N244 and the time the judge considers your request, you'll almost certainly have wasted your dosh. These b*ggers know how to play the system. If they don't file an AQ I think the case will be stayed. You can then apply to have it struck out. If you don't, at some point in the future they can ask the court to 'resurrect' the claim on payment of about £40, I think.

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