Jump to content


  • Tweets

  • Posts

    • 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 
    • That doesn't look like clacton ... Former Brexit Party leader Nigel Farage buys coastal home in Lydd-on-Sea WWW.KENTONLINE.CO.UK Former Brexit Party leader Nigel Farage bought a coastal home in the county, it has been reported.  
    • It's not a private road.  It's a small public street (with Resi houses) that leads into and from public road/ highway. The garages have land in front of the doors.  Then there's a yellow line. So there's a clear marker on what is private and what is public.  These people keep parking on the private land side
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like
  • Recommended Topics

Help with Final Defence Please


ekim777
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5255 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Secondly should we not include something along the lines of putting on hold the current judgement pending a decision of the set aside.No we have covered that already you cant put a CCJ on hold

 

So I will also need to submit the n245 as well?

 

No Ekim the N245 is used if you accept Judgement but cant pay in one go so vis a vis a Redetermination application to apply to vary the payment.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • Replies 225
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Ekim this is that last throw of the dice in averting a CCJ in this claim.If the above fails then you will have to go the N245 route.Put the blinkers on in this instance and forget what as passed we are purley concentrating on the one error that can save you.Its all you have to plea if the application is successful.If you read their WS in application for SJ notice the lack of attention to detail to the DN details how they skirt around the prescribes and no mention to its rectification date.Hoping that a) you never recieved the first or b)you had not spotted it.

We are going to plea this application on this one fact, all you need is the above statement and appendixs as enclosed, a copy of the CCA 1974 in partic references to DNs and Termination Notices.nothing else.Present your case and no more let the Claimant explain its happening.

 

 

Andy

Edited by Andyorch

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Sorry Andy, please excuse me but I am confused, what do I need to submit with the set aside if anything?

 

Ekim

 

N244 AN and fee (£75.00)

Statement (above)

Appendix 1a1b1c Default Notice 1 Default Notice 2 Termination Notice)

 

Send to Court send to Sols and retain a copy

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Ok ekim

 

I wish you well with your Application ( I also appreciate the cost factor but should it be successful which i hope it will you will be able to claim it back in your costs)

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

The copy of the CCA 1974 part VII Sec 87 states:

(2) A date specified under subsection (1) must not be less than seven days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection ( 1)) before those seven days have elapsed.

 

Bit worried as there is no mention of 14 days

Link to post
Share on other sites

The copy of the CCA 1974 part VII Sec 87 states:

(2) A date specified under subsection (1) must not be less than Fourteen days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection ( 1)) before those Fourteen days have elapsed.

 

Bit worried as there is no mention of 14 days

 

 

Does now the above was out of date;)

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

You will also require this section also

 

Termination of agreements

98

 

.—(1) The creditor or owner is not entitled to terminate a regulated agreement

 

except by or after giving the debtor or hirer not less than seven days' notice of the

termination.

 

 

(2) Subsection (1) applies only where—

 

(a)

 

 

a period for the duration of the agreement is specified in the agreement, and

 

(b)

 

 

 

 

 

that period has not ended when the creditor or owner does an act mentioned in

 

subsection (1), but so applies notwithstanding that, under the agreement, any

party is entitled to terminate it before the end of the period so specified. (3) A

notice under subsection (1) is ineffective if not in the prescribed form. (4)

Subsection (1) does not prevent a creditor from treating the right to draw on any

credit as restricted or deferred and taking such steps as may be necessary to

make the restriction or deferment effective. (5) Regulations may provide that

subsection (1) is not to apply to agreements described by the regulations. (6)

Subsection (1) does not apply to the termination of a regulated agreement by

 

 

reason of any breach by the debtor or hirer of the agreement.

 

Regards

 

Andy

 

Edited by Andyorch

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 2 weeks later...

You have paid the fee so you should get it, now you need to succeed at the hearing;)

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 3 weeks later...

Hi All, Received the following letter from mortimer clarke sols:

 

"our client is prepared to consent to vary the judgement ontained in september 2009 from the sum of £10800 to £1500 being the sum of the arrears stated on the default notice. And the costs order for £775 be set aside."

 

What do you think?

 

Ekim

Link to post
Share on other sites

Big drop Ekim

 

All depends how you feel about it or if you wish to see this through definitely looks like we hit a nerve somewhere though.:p

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

I would see the back of them for £1500. And from my last performance I don't think I want to "chance it" if I got the same judge as last time, I could expect the worse!

They have sent a consent form to sign and return

 

Ekim

Link to post
Share on other sites

I would see the back of them for £1500. And from my last performance I don't think I want to "chance it" if I got the same judge as last time, I could expect the worse!

They have sent a consent form to sign and return

 

Ekim

 

 

A Tomlin Order?

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Okay just a Consent Order then.Your decision Ekim

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 1 month later...

Hi Ekim777 just dropping on by as I havent been on for awhile to say how pleased I was to see your result having had the excellent guidance off andy :), I take it the ccj resulted in this massive reduction in the end so proved a great result to you when trying to get it set aside?...really pleased...I am still waiting to hear from my judge in July....never realised it could take so long having orig been told 14days, thought they would have told the other side to disclose or do something like that by now....how miffed the claimants must be not getting any pennies either for awhile now :D Have a nice Xmas & well done again

CAG NEEDS FUNDS PLEASE DONATE AS MUCH OR AS LITTLE WHERE POSSIBLE

http://www.consumeractiongroup.co.uk/paypal.php?go=donate

Link to post
Share on other sites

Hi, Thank you for the kind comments, yes it is a bit of a drop, attended the hearing last week, (the set aside hearing date was kept) the main jist was to allow the consent to go through, which it did. Funnily enough they sent a solicitor! they were as unsure as me, as to why the set aside hearing continued. So I just wait for the new bill to arrive then I can negotaite a settlement with them! Your case seems to be taking a long time, I hope it gets sorted soon.

Ekim

Link to post
Share on other sites

  • 1 month later...

Ekim777 just to let you know I got my DJ decision today JUDGEMENT in restons favour from my SJ hearing last July. Have to appear at a Notice of handing down of Judgement hearing??? 28th Jan....9 days away. Been waiting on directions all this time so gutted to say the least as in court the DJ told me he was dismissing there summary judgement until the next hearing so dont know whats gone wrong now to receive this instead from the courts in the post today:idea:

 

I am browsing now on as many threads as possible but wanted to gain some positivity from the success you recently had on your judgement in the meantime.

MDAW:cry:

CAG NEEDS FUNDS PLEASE DONATE AS MUCH OR AS LITTLE WHERE POSSIBLE

http://www.consumeractiongroup.co.uk/paypal.php?go=donate

Link to post
Share on other sites

I hope you manage to find some positive help! But bear in mind that it all seemed a lost cause for me, at one stage! Only the firm support of caggers and in particular Andyorch, so keep going for a long as you can! Make them fight for every penny!

 

Ekim777

Link to post
Share on other sites

Looks like Andys not been on for a few days IGNM who assisted me last summer also has not posted in a long long time....no doubt some guidance will be along soon I have hit the red triangle in desperation :|

CAG NEEDS FUNDS PLEASE DONATE AS MUCH OR AS LITTLE WHERE POSSIBLE

http://www.consumeractiongroup.co.uk/paypal.php?go=donate

Link to post
Share on other sites

Yes I noticed Andy not being about, hope he is ok. He's top class.

All I can suggest with my limited knowledge is to check and double check the main areas of your case in case you have missed something?

 

Ekim777

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...