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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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      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Government meets CSA!!


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from Credit Today

DCAs asked to give debtors breathing space - 04/02/2009

westminster_bigben.jpg

 

The government has asked the Credit Services Association if the industry can give debtors 30 days grace at the point that a debt counsellor takes up a case.

 

The Department for Business Enterprise and Regulatory Reform (BERR) asked the CSA during a meeting yesterday where both parties continued talks to examine how to ensure best practice and avoid mistracing.

 

Gareth Thomas, minister for trade, development and consumer affairs, asked CSA chiefs if debt collection agencies (DCAs) could give debtors the breathing space and for the trade body to consider the creation of a central database of mistraced individuals. The minister said such a move would be designed to ensure those individuals are not contacted in error again.

 

Thomas also stressed the need for the CSA to do all it could to enforce its code of practice and to ensure the code was clear and unambiguous.

 

The CSA asked BERR about the potential to make it a contractual obligation for debtors to inform creditors of a change in address, although a CSA spokesman was keen to state that the trade body is not pushing for a national address register of debtors. The minister told the CSA that it would need to provide evidence that such a move would reduce mistraces and improve the performance of collections agencies.

 

When the CSA asked the minister about the possibility of access to the electoral roll, BERR said this would be a matter for the Ministry of Justice.

 

A spokesman for the CSA said: "This is the start of dialogue with the government and it is about sharing best practice. We’re looking for changes to make a real difference."

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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The CSA and ZANULabour in the same room. How distasteful.

 

In summary, then, one group of unsavoury bullsh1tters meets another...:)

 

 

A spokesman for the CSA said: "This is the start of dialogue with the government and it is about sharing best practice. We’re looking for changes to make a real difference."

 

= "We have finally realised that if we don't make it look like we are compliant, the regulators might actually take action. We wouldn't know best practice if it jumped up and bit us on the arrse. We're looking for changes to make more money from other people's misery."

 

Has the Minister not realised that this nasty gang of parasites couldn't self-regulate a bowel movement? He should be warning them that the OFT and FOS will descend upon them from a great height if they don't start toeing the line.

 

Why do the CSA think that they need to ask BERR's permission to make change of address notification a contractual requirement?

 

a CSA spokesman was keen to state that the trade body is not pushing for a national address register of debtors.

 

= "We are pushing for access to a national address register"

 

The CSA - proof that you can't polish a turd - but you can stick a flag in it.

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The CSA asked BERR about the potential to make it a contractual obligation for debtors to inform creditors of a change in address

Completely ignoring any human rights issues, so no change there.

The minister told the CSA that it would need to provide evidence that such a move would reduce mistraces and improve the performance of collections agencies.
Unfortunately the minister and the CSA probably have very different ideas what the term improving performance means. DCA's tend to measure performance in terms of how many people they have successfully harassed into paying more than they can afford to line the DCA's pocket. Mistracing would only really seem to be seen as a problem if the mistraced person doesn't pay up.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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My thoughts were, reading between the lines, that the CSA went to the Government for help and the Government said "No".

In fact I'd say they (CSA) had a telling off.

Their requests were given short shrift.

 

I think!

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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I suspect you're right, Sosumi. As the article is from Cretin Today, you can be sure that it's been carefully spun to present the CSA in the most favourable light.

That's a relief! :D

I'm trying to find out more via Google.

Found Leigh Berkley's 'Tessera' web page, and latest article - no date so can't be sure.. ?

Disappointment on 'Illogical' Letters Decision / News / Tessera

Leigh Berkley is Chairman of DBSG, CSA's 'other half'.

Edited by sosumi
can never get DBSG in right order! - amended! :)

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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That article seems to be about statements and the fact that DCA's would rather not send you one and think it's really unfair that they need to do this by statute.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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SO what difference would making alerting a creditor to a change of address a "contractual obligation"?

 

We are contractually obligated to pay our debts with those same contracts, but things happen......

[sIGPIC][/sIGPIC]

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SO what difference would making alerting a creditor to a change of address a "contractual obligation"?

 

We are contractually obligated to pay our debts with those same contracts, but things happen......

 

 

DCAs and creditors are legally obliged to do certain things too, but they don't. The CSA's statements would have more credence if the debt industry wasn't as grubby and disreputable as it is.

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Of course we would inform the DCAs that we have moved house. It would be an awful pity if the letter got lost in the post. After all the DCAs seem to be able to deny getting recorded delivery letters that they have actually signed for.

 

In the unlikely event that this temporary government granted the DCAs this right Im sure there would be plenty of scope to legally thwart it

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When I moved I wrote and told them all, but 2 of the idiot firms still registered me as Gone Away, one has finally got in touch only to be told the agreement is not an agreement and the other idiot firm obviously cant be bothered - shame:)

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