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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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    • 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.  

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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.
      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
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Me against them v's Egg


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will do...I'll post up any further news. :)

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  • 2 weeks later...

Just recieved this letter, I presume it is an update for the Account Dispute letter I sent them.

 

Egg.jpg

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Looks like they are struggling to find an enforceable CCA to me. Fingers crossed!

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  • 2 weeks later...

Here we are! :D

 

Termination.jpg

 

Surely they have failed to set out the Default Notice with CCA Regs???

 

- No CCA!

- 2 Default Notices Served without any explanation.

- Both Default notices served whilst account is in Dispute.

- Account Terminated on the same day of the 2nd Default Notices dealine date (21st May)!

 

Does this now mean they can only claim for arrears if they provided me with a enforceable CCA?

Edited by Me against them!

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Can anyone confirm if Egg have messed their Default Notice up?

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Hi Me Against Them :)

Right, as I see it, although both DN's seem to me to be legally compliant re dates & format, as the first one stated it would terminate the account if not rectified, then the second was issued on a terminated account. I'm not sure how important or otherwise this is. Further input required on that.

 

What would seem to be important, however, is the fact that the account was in dispute due to failure to comply with your CCA request.

As you will have pointed out to them in Dispute letter:

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies:

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

So I believe that invalidates both DN's.

What would strengthen your case is if the sums demanded in the DN's were inaccurate, eg if they included any unfair penalty charges.

Did you have late payment fees, overlimit fees etc on the account?

If so now is probably the time to send a Subject Access Request to give you all the data they hold on you and calculate what, if any, unfair charges have been applied. It costs £10, but should be worth it.

This post will bump you up for comments from the morning shift, any other input welcome :)

Also, have a read of my thread on DN's: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/200901-anatomy-default-notice.html

I'm no expert myself but I've been putting together useful links on the subject.

Hope this helps,

Elsa x

Edited by Nurse-Elsa
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Thanks Elsa.

 

I look at my bills to see if there are any unfair charges, which I suspect there will be. ;)

 

Also I'll send a Subject Access Request.

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Egg have now passed the account to Direct Legal & Collections for full and immediate collection. At least thats what DLC's letter is demanding.

 

Think I'll send the following....

 

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***DCA*** and has been since ***Date***

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

 

As ***DCA*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to ***DCA*** for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities.

 

If ***DCA***chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

Yours faithfully

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  • 3 weeks later...

Are Egg giving me the run around here? they have sent this letter but I have still not received the CCA they say I should have.

 

YourComplaint-1.jpg

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Its been a few days since I recieved this letter stating I should have received my CCA, when I haven't. I think I need to send them a letter saying that the account is still in dispute as I have not recieved the supossed CCA they say they have sent me.

 

Anybody know of any appropriate letters that are already on this site?

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

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If it was me I would just send them the reminder of your request, and state that contrary to their letter of xxxx, you HAVE NOT received the requested copy of your CCA - which you still demand, and they by law, are required to supply.

 

End of ..... ;)

 

Abs xx

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DLC have responded to my letter by placing my account on hold until they have receieved additional information from Egg. :p

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  • 2 weeks later...

Today I received my CCA which was included in my SAR documentation.

 

CCA1-2.jpg

 

CCA2-2.jpg

 

looks like many other unenforeable CCA's I seen around CAG.

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Thanks Abby25, Yes I have read PT's thread and am of the impression that this aggrement is the same as most other unenforceable CCA's.:)

 

I now seem to have about 25k of questionable debt, which is a massive plus. I almost filed for bankruptcy a few month back! So glad I didn't!

Edited by Me against them!

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

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Hey thats why this site, and the experts who post, is so valuable to us all !!!!

 

In the process of getting my own CCA, which I expect to be the same as yours, the accts about 10 yrs or so old - so hoping that I will be able to challenge on the same basis.

 

So, get your challenge in, and keep the thread updated !!!

 

Good luck ....:)

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  • 4 weeks later...

Just received an update from dlc stating my account is still on hold until Egg can provide them with a copy of my CCA...I wonder why they can provide it as part of my earlier SAR but not for my original request, which led me to dispute the account.:confused:

 

Not that I'm complaining!:p

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

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