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    • 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  So brief outline. Purchased car Jan 30th ,garage paid the tax for me after I gave them my card details so 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 so slightly longer than the original tax set up so 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. So 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 so 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
    • Do you also own land the garages on and the private road? Or is it shared freehold with right of access to all freeholders or why?  Dx  
    • I may try cheap plastic bollards (traffic cones) first just to see if they get moved.  I will look into the cost of fixed bollards.
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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.

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Mbna CCA,


Indebt1
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Hi Indebt1,

 

I have a cca from 1999 which I received from mbna which you can compare against.

 

Cannot get it loaded tonight though will have to be tomorrow.

 

As an aside, did you end up paying PPI. Notice on your application that there does not seem to be a tick in either of the boxes for PPI. I didn't tick either of them on mine and they started charging PPI which I am in the process of reclaiming.

 

Regards,

 

Bosun.

Please note: I have no formal qualifications in this area and any advice offered is given in good faith. :)

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Hi,

 

Have not gone down the 'enforceable' route yet but believe it may be enforceable but saying that, as its only an application form and refers to terms & conditions in seperate documents which I didn't receive I may have a chance of fighting it.

 

You will know if you've been charged PPI if on your statements there is an entry entitled Payment Protection or as in my wives case, 'Other Interest'.

 

That last entry is going to put the cat amongst the proverbial.

Please note: I have no formal qualifications in this area and any advice offered is given in good faith. :)

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Please note: I have no formal qualifications in this area and any advice offered is given in good faith. :)

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http://i925.photobucket.com/albums/a...und/img001.jpg - it's so obviously a faked image. They haven't even attempted to make it seem as if these "photocopies" are geniune or that the prescribed terms really do belong to that document where they have placed them. Their arrogance is astounding.

 

Surely they must be breaking all sorts of laws with this. From other posts in the forums (can't cite the original as they are pasted into a large document I have), the following spring to mind.

 

Regulation 5 of the Consumer Protection from Unfair Trading Regulations 2008 (the CPRs) where the faked image would constitute an unfair or improper business practice.

 

Fraud Act 2006 Subsection 1(b) - the representation is made with the intention of making a gain or causing a loss or risk of loss to another.

 

I'm sure there are many others.

 

How can a company get away with such flagrant dishonesty with impunity? I'm surprised no-one has called them on this yet as some of this type of behaviour must be criminal rather than civil. It really makes my blood boil.

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Your MBNA application form isn't hugely differnt from mine - see http://www.consumeractiongroup.co.uk/forum/mbna/229916-mbna-virgin-dodgy-cca.html. Since yours is a year later, looks like yours is just a tidier version of mine.

 

I'm not convinced my original MBNA agreement is enforceable. Like yours the prescribed terms were photocopied onto the rear of the application form, but in my case it seems very unlikely they are actually directly related (wrong size, orientation, markers on different pages don't line up etc etc).

 

I have other factors at play with my card, but I've sent for a SAR just to get a better idea of what they really have. Maybe you could try the same if you haven't already done so.

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  • 6 months later...

Has anyone got any experience dealing with the the above company as far as settlements go?

they have sent a letter about how they are prepared they negotiate, is this a game or has anybody managed to settle?:)

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if they are offering a settlement that means something is wrong

typically they will have no CCA. and have brought the debt blind

you owe them nothing.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Guess what!

the directors of this company which btw is a non trading company since 08, also hold directorships in

MBNA EUROPE HOLDINGS LIMITED the biggest one being MBNA Europe bank with a turnover off

£2,610,504,000 thats on our misery, what a strange coincedence!!!
;)

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  • 4 months later...

have got a 40% settlement deal on the table from Aegis assuring me they or their client will no longer pursue the claim and will mark the credit file as patially settled.

i am sorley tempted but am curios about the following, has anybody managed to mark as settled or remove the default seeing as its an invalid default anyway?

has anybody renegotiated the percentage and managed to agree a figure?

how much do i go back with?

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hi mate i dealt with mbna about 8 months ago now and got them to settle on 30% on a 5k debt....i was also told a partial settlement and have had no contact with them since i paid the agreement however i have recently checked my credit rating and this debt has been marked satisfied. That is only my story and at the time i was in touch with someone on here who had a 16k debt settled with 28%. so far so good

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have got a 40% settlement deal on the table from Aegis assuring me they or their client will no longer pursue the claim and will mark the credit file as patially settled.

i am sorley tempted but am curios about the following, has anybody managed to mark as settled or remove the default seeing as its an invalid default anyway?

has anybody renegotiated the percentage and managed to agree a figure?

how much do i go back with?

If you want to counter offer what they have offered write back with a lower figure, head the letter WITHOUT PREJUDICE so it cant be used against you or wait it out until its sold to a DCA, then hit them with a CCA and sit back and offer a low F&F, if they cant comply or comply with agreement with no prescribed terms etc, but its what ever you feel is best.

 

If they sell it on to a DCA then they'll get between 6p and 15p in the £ for this debt and if no CCA there may be a good chance of a full and final with a DCA keen to get some profit for not a lot of work, its a risk tho that they might dig there heels in and demand more :?:

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

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

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  • 3 years later...

Arrow global have now transferred the account to Rockwell who are starting to hound me.... how do i get them to back of? DO i CCA request from Rockwell or Arrow? or do i advise that the debt is unenforcable they know that already? try again for Settlement as MBNA rejected offer last time?

i havent made any payments since the default.

as always any help is most appreciated!

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