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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 
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mollymoo V Lloyds **WON**


mollymoo
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hi,

just a quickie,

on that template what dates do i put in for this bit:

 

Claimant claims interest under Sec.69 of the County Court Act 1984 at a rate of 8% a year from (D/M/Y) to (D/M/Y) of £XXX.XX and also interest at same rate up to judgment or earlier payment at a daily rate of £0.XXp

 

cheers

 

From - 1st Charge

To - Today / claim date

Of - What speadsheet says interest is

Daily rate (as explained above)

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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and is the amount, the total amount of 8% interest that appears on the spreadsheet?

 

You must of been doing this when I sent the last reply - lol

 

Yes

 

Total charges + (plus) The Interest @8% = TOTAL CLAIM

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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and the daily rate is?

 

i think that is my last question for now

 

To calculate the daily rate of interest, On a blank spreadsheet, put the FULL total i.e.. Charges + (plus) Interest in amount column, and yesterdays date in the Date Column, and you will get a Daily Rate.

 

(send me your Spreadsheet, and I will assist)

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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just fill in the calculations the periods are from your first charge to the date you are submitting the claim.

 

to calculate the daily interest rate.....take the total interest from first charge to todays date so say this is 1000.00...............divide this by 365 and that should give you a daily interest rate.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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i have sent it to you.

i think.

thanks again

 

Finally we get there, its easier to see the Spreadsheet, and give you the Answers

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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Let battle commence

 

Now Just sit back and Wait

 

Do not worry, just follow the processes as they come, you will probably not hear much apart from the court sending you acknoledgements thru

 

Just keep us informed, and prob when I'm back, I will see whats been happening

  • Confused 1

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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good luck Molly, nearly there love.. I handed my claim in on Monday...and it feels oooooooooooohhhhhhhhh sooooo gooooood.......

now I bite my nails while waiting for the postman to bring the first acknowledgement.......I feel like a child counting the days down to my birthday........you know the way they get all impatient but excited ? that's me..big kid ! lol...here's waiting eh!

good luck queen

Freebird x

1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

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Soon you will be a "Free" bird - Firebird

 

I'm love it when I receive mail now, I really detested it around 18 months ago

 

Consumer Power

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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Its not uncommon since acknowledgement can be made electronically by fax

 

It is also an indication that they want to deal with it quickly I would have thought.

 

:)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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another question i have is:

 

how much more will it cost to follow the claim through?

i thought that the only costs were the £10 dpa request and the moneyclaim fee.

But i have seen threads regarding another £100 fee for the questionnaire. is that correct? and also what else is there?

cheers

mollymoo

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The 100.00 for the AQ if there is one is the final one.

 

All fees are recoverable......just remember that.

 

There are exmptions/ reductions for all charges at court for certain people (see hmcs website)

though these do not apply for moneyclaims online.

 

:)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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hi,

 

what are the timeframes from the point of filing claim with moneyclaim??

 

eg 3/7/06 claim filed

5/7/06 claim served

8/7/06 claim acknowledged

etc...... right thru until full settlement offered.

 

obviously this is for people who have got this far.

 

i'd just like to get a cross-the-board sweep of timeframes and see how big the variants are and also how long i am likely to wait at each stage.

 

many thanks to those who reply.

 

Mollymoo

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Hi Mollymoo

My timetable is as below but it doesn't seem to bear any real relevance. I have seen people posting on the Forum that they have received offers of settlement where thier claims were filed in or after mine. I don't know if they pay out in any order ie: lowest amounts first, but it:confused: deosn't seem to be in date order.

 

6/10/06 - court hearing date.

Allocation questionaire returned to the court-18/7/06 deadline 25/7/06

Allocation Questionaire rec'd dated- 6/7/06

Acknowledgment of Service rec'd full defence- 15/6/06

Reply from solicitors want more info.-14/6/06

Money claim filed £1653 - 7/6/06

Reply rec'd to LBA-27/5/06

LBA sent - 19/5/06

Reply from LLoyds TSB a big fat NO - 12/5/06

1st request for payment sent - 09/05/06

Statements Rec'd - 21/4/06

Data Protection Act request sent to Lloyds - 22/3/06

previously known as VIKKI ARDA

4/10/06 - Claim settled in full+costs+interest.

6/10/06 - court hearing date.

Allocation questionaire returned to the court-18/7/06 deadline 25/7/06

Allocation Questionaire rec'd dated- 6/7/06

Acknowledgment of Service rec'd full defence- 15/6/06

Reply from solicitors want more info.-14/6/06

Money claim filed £1653 - 7/6/06

Reply rec'd to LBA-27/5/06

LBA sent - 19/5/06

Reply from LLoyds TSB a big fat NO - 12/5/06

1st request for payment sent - 09/05/06

Statements Rec'd - 21/4/06

Data Protection Act request sent to Lloyds - 22/3/06

previously known as VIKKI ARDA

 

Forum InfoContact

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mollymoo, heard anything this week?

 

Freebird x

1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

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Give it a week or two, they will be in touch

 

Yep, I'm back

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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