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    • HI DX Yes check it every month , after I reinstated the second DD I was checking every week. Also checked my bank statements and each payment has cleared. When responding to the court claim does it need to be in spefic terms ? Or laid out in a certain format? Or is it just a case of putting down in writing how I have expained it on CAG?
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    • 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
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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  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 
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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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NDR/Littlewoods - Ignored Payment Offer Letter - Threatening Action


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Littlewoods catalogue has accrued 4 months arrears. My mom has written to them three times , {two of them recorded del} to explain temporary financial difficulties and to try to agree a repayment plan for a short period.

 

We sent them a template letter offering £50 per month and she owes just over £400 in arrears. The letter also requests that interest and charges are frozen.

 

NDR/Littlewoods have ignored her letters and are still adding interest / charges and are now threatening a default notice unless she makes payment or calls them.

 

Since sending her first recorded letter she has kept to her offer of making a payment of £50 every month, which her statements show as received and credited to the account, I dont think its advisable for her to call them and discuss this via telephone but what else can we do as they are ignoring her letter re payment offer and continuing to add charges etc and threaten action. She can and is clearing the debt but just not at the rate they want her to ...........help please x

 

Thanks xx

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You're very wise not to call them masjntt.

Littlewoods are getting a good deal in my opinion receiving £50 per month and if they took your mother to court, the court would only order her to pay what she could afford.

Not sure what's best to do about the fact they are still adding interest/charges, but I'm sure someone else with more knowledge of that aspect will be along to advise you shortly.

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**BUMP** - Please help, they have written again demanding payment or a telephone call to agree a repayment plan advising failure to do so will result in default notice being issued.

 

They have obviously ignored the letter explaining circumstances and offer of £50 per month, what shall we do??

 

Thanks x

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First send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

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How long has she had the account? If she started it before april 2007, ask them for a copy of the credit agreement she signed when she opened the account. chances are she did not sign or if she did they won't have the agreement. If they can't produce it they lose.

 

Lots of people do not know this and they rely on peoples ignorance of consumer credit law, to cajol them into paying more than they can afford. Their greed though is their undoing as it drives people into the the arms of CAG and/or NDL who then inform the catalogue customer of their rights under the CCA 1974.

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Hi masjntt , both cerberusalert and count orlok have given good advice, I too was a customer of littlewoods and due to the ignorant attitude of littlewoods,NDR and other DCAs they used I was eventually driven to find this site and with the advice given was able to prove no agreement (debt can't be enforced). If only Littlewoods had listened they would have still been getting small regular sums towards debt, like most of my other creditors that are being reasonable.

sleepingdog

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Thankyou everyone for your advice x I understand about requesting the CCA to see if its enforceable etc but my mom doesnt owe a great deal, and ideally when she has cleared the debt she wants to be able to continue to use the account, so am not sure if this will be this best route for her to go. She simply wants a temporary repayment plan for a couple of months but getting them to understand that or accept that seems to be mission impossible lol x

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