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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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no credit agreement help please


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I have been helping out a friend with a debt that was originally with bank of scotland but has been bought by the boys at 1st credit, we sent off the caa letter and they did the usual reply and followed up with a copy of the assignment letter and about 20 pages of statements but no credit agreement.

Great i thought they must not have one, the debt dates back to 2001.

 

Anyhow it seems that back in may 08 first credit got a ccj against him, he went along to the court and got an agreed to pay £5 p/m which he has been doing.

 

So my question is, i guess 1st credit must not have any agreement but as hes been to court and the ccj registered can he still tell them where to go and get that ccj removed, my thoughts were that you can't inforce something thats uninforceable, any help with the next move, thanks

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As you have already had one bite of the cherry in defending the case the first time around your chances of having the original judgment set aside are minimal. You can certainly try though.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Slim, but not impossible. If you can make a case that the agreement was not enforceable but you previously been led to believe it was then you stand a chance.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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  • 7 months later...

The boys and girls at 1st Crud towers caught out a friend of mine with a statute barred debt dating back to 2000,

 

back in January this year he foolishly paid them £5 when they contacted him about it,

 

More recently he sent a cca request which all they sent was a load of statements,

then he sent the failed to comply letter they just wrote back saying pay up,

 

my question is they dont have a vaild agreement,

a ccj was registered against this debt back 2000 but i guess that as he paid £5 the six years will start again but can they do anything through the courts now, or should he just tell them to take a run and jump, thanks

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If there is a CCJ in place it doesn't become Statute Barred, however if they haven't enforced the CCJ in that time they would need to apply to the court to enforce it & would have to show a very good reason.

 

The CCJ should have dropped off his credit file so the chances are they are not aware of the CCJ anyway, so he might as well send the Statute Barred letter . The onus is on them to prove otherwise. ;)

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once stat barred always stat barred stop paying them -

 

Question that needs answering - was there a clear 6 year period with no payments?

 

Thanks, hes going to check to see if he can find any statements but it was so long but hes 99% 6 years had passed with no contact, what about the ccj does that make any difference? would it be worth sending a sar to the original creditor?

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If there is a CCJ in place it doesn't become Statute Barred, however if they haven't enforced the CCJ in that time they would need to apply to the court to enforce it & would have to show a very good reason.

 

. ;)

 

really?

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really?

 

County Court Judgement

 

If the creditor has previously taken you to court and you have received a County Court Judgement, you will be unable to use the Limitations Act 1980 to dispute the debt. If the judgement is over 6 years old the creditor may need the permission of the Court to enforce the debt.

The Limitation Act 1980 | Debt Advice | Payplan
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Hes in a bit of a mess with this one, seems back in 2000 he made on and off token payments until around 2005 then crud bought it in 2006,crud then got a ccj in 2008 to which he was ordered to pay £5 pm so s barred is out.

 

they do not have a valid agreement but does the fact crud have a ccj make it a loss cause for him, should i advise him to just keep paying the £5 pm. thanks

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imho

 

i would look at the case again. these people will want their pound of flesh.

 

 

lilly

 

Oh yes they will, with no valid agreement but a ccj in place is he up the creek without a paddle, what else can i tell him to do?

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