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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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    • 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
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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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Court Case #2 - Northern Rock


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Check out the insurance, but if it was meant to cover the loan over a period of time, and that period of time is shortened, then you may be entitled to a refund.

 

Alternatively, if you're in a position to make an offer to negotiate a settlement of the debt with NR, that could be another option to consider.

 

I guess the most I can do today is perhaps take a close up photo of the agreement to give you an idea of what I mean.

I will put it up later. I had to take the kids out for a bit as they have been stuck in all weekend whilst I try sort this out.

 

I cannot afford the payments which is why I stopped.

 

Can I put in this defense and then add in about the cca at a later date once I get it examined?

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Hi Lux,

 

My view is that surely they should have produced a legible CCA under the CPR.

 

If they have a legible copy which is enforceable why have they not produced it and slapped you round the head till you know it is enforceable? Surely it would be the simplest solution I know that if I was on the other side it is exactly what I would do.

 

I am seriously considering offering my services as a 'hit man'.

 

"Look here it is. YOUR agreement! Your signature! There are the prescribed terms! Now get your wallet out"

 

Job done!

 

I would be so much cheaper than the method they are currently using.

 

GK

 

I only got the agreement on Saturday, and I don't have a scanner at home. So I have not had much chance to examine it. All I know is that it is not the clearest document in the world!!

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Hi Lux,

 

If you only received the info on SAturday I would make a point of it.

 

How long ago was it requested?

 

Do you believe that it was sent late in order to prejudice your ability to defend?

 

GK

Hi GK

 

Managed to get to an internet cafe so heres the agreement.

 

I was late asking for the agreement in fairness!!

 

I have had to put them in a zip file as I cannot get a jpg small enough to be readable

cca 002a.zip

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I'm no expert and am a bit pushed for time at the mo too, but this link might help. http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html#post1747470

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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No probs Luxx.:)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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The agreement looks ok to me, but let others comment as well, before deciding

 

Hi Creditcardmug...

Thanks for taking a look.

 

I have been trying to figure out if the amounts are correct, but cannot work out how they calculate the totals.

 

Grrrrrrr :rolleyes:

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I cannot see anywhere on the agreement about my Right To Cancel???

CCA 1974

 

 

64

.—(1) In the case of a cancellable agreement, a notice in the prescribed form

indicating the right of the debtor or hirer to cancel the agreement, how and when that

right is exercisable, and the name and address of a person to whom notice of

cancellation may be given,—

(a) must be included in every copy given to the debtor or hirer under section 62 or

63, and

(b) except where section 63(2) applied, must also be sent by post to the debtor or

hirer within the seven days following the making of the agreement.

 

Clutching at straws? lol

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I cannot see anywhere on the agreement about my Right To Cancel???

CCA 1974

 

 

64

.—(1) In the case of a cancellable agreement, a notice in the prescribed form

 

indicating the right of the debtor or hirer to cancel the agreement, how and when that

right is exercisable, and the name and address of a person to whom notice of

cancellation may be given,—

(a) must be included in every copy given to the debtor or hirer under section 62 or

63, and

(b) except where section 63(2) applied, must also be sent by post to the debtor or

hirer within the seven days following the making of the agreement.

 

 

Clutching at straws? lol

 

 

Just found this... Apparantly, the Right to Cancel must be included in the Agreement ....

 

Substituted by SI 2004/1482, regs 2, 13.

Date in force: 31 May 2005: see SI 2004/1482, reg 1; for transitional provisions see reg 18 thereof.

paragraph 5.

YOUR RIGHT TO CANCEL

Once you have signed this agreement you have a short time in which you can

cancel it. Details of how to cancel it will be sent to you by the owner

 

The OFT also say this....

Both the borrower and the lender must sign the agreement. A copy of the executed agreement must be given to the borrower, either when he signs it or within seven days. A further copy of the unexecuted agreement may also need to be provided. If the agreement is cancellable (because it was signed off trade premises), notice of cancellation rights must be included in the copy agreement, and must also generally be sent by post or email to the borrower within seven days.

If the above requirements are not met, the lender can only enforce the agreement against the borrower by getting a court order. Local authority trading standards services or the OFT can take enforcemtent action against the lender, using powers in Part 8 of the Enterprise Act 2002.

 

Any thoughts anyone?

 

I take it from the Consumer Credit Agreement Regulations 1983, That it must state on the agreement that you have a right to cancel, and that a copy of your right to cancel will also be sent to you within 7 days.

This applies where the agreement has not been signed in the branch etc....ie: they posted the agreement to sign....which is the case here... It should come within the Key Information box.

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Just found this... Apparantly, the Right to Cancel must be included in the Agreement ....

 

Substituted by SI 2004/1482, regs 2, 13.

Date in force: 31 May 2005: see SI 2004/1482, reg 1; for transitional provisions see reg 18 thereof.

paragraph 5.

YOUR RIGHT TO CANCEL

Once you have signed this agreement you have a short time in which you can

cancel it. Details of how to cancel it will be sent to you by the owner

 

The OFT also say this....

 

Both the borrower and the lender must sign the agreement. A copy of the executed agreement must be given to the borrower, either when he signs it or within seven days. A further copy of the unexecuted agreement may also need to be provided. If the agreement is cancellable (because it was signed off trade premises), notice of cancellation rights must be included in the copy agreement, and must also generally be sent by post or email to the borrower within seven days.

If the above requirements are not met, the lender can only enforce the agreement against the borrower by getting a court order. Local authority trading standards services or the OFT can take enforcemtent action against the lender, using powers in Part 8 of the Enterprise Act 2002.

 

Any thoughts anyone?

 

I take it from the Consumer Credit Agreement Regulations 1983, That it must state on the agreement that you have a right to cancel, and that a copy of your right to cancel will also be sent to you within 7 days.

This applies where the agreement has not been signed in the branch etc....ie: they posted the agreement to sign....which is the case here... It should come within the Key Information box.

 

If I want to bring in Unenforceable CCA into the defense now... should I still include the Default Notice and Termination stuff?

 

Can I now state "I acknowledge no debt to your company?"

 

Cheers

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Can I just clarify - where did you sign the agreement

 

If the agreement is unenforceable you still include DN/TN issues

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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yeppers the figure check ok on DualCalc so id say that the agreement itself is enforceable as it stands

 

Any thoughts on the cancellation point

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Hi No Money

It was signed at home ...they sent the forms to us :D

 

Oh! Dammit! lol

 

Should I just go with the Invalid DN and TN then? Or do you think the Right to Cancel point may be valid too?

 

Thanks

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Any thoughts on the cancellation point

Unlikely, unless there were antecedent negotiations ( see s56 CCA 1974) which took place, that would be the crucial issue in my view, if there were antecedent negs then we would have a cancellable agreement IMHO

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Unlikely, unless there were antecedent negotiations ( see s56 CCA 1974) which took place, that would be the crucial issue in my view, if there were antecedent negs then we would have a cancellable agreement IMHO

 

Oh well! Righht thats it for me then...I will just go with what I have already..

 

Thanks so much everyone for your contributions and help...

 

It really is most appreciated!!;)

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erm the date is 4th June 2007????

 

that would mean we fall under the unfair relationship test not the strict unenforceability issues of the old act

 

 

Ummm.... What does that mean pt2537??

Sounds kinda err bad?

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Ummm.... What does that mean pt2537??

Sounds kinda err bad?

 

Crap!! I am totally confused now lol... I have until tomorrow to get this defence ready to send... Dont look like Im gonna make it :confused:

 

Arse!!!!

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