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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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HSBC solicitors northampton claim -help pls


angel_1
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The amount affordable is set by your income not your partners and is of no concern to them. You need to make a monthly payment that is acceptable and affordable to both them and yourself

once you have agreed the payment terms then you need to tweek the TO to the points I have referenced above.

 

12mth review.

No s69 interest because if the agreement does not allow it then then neither would the court award it.

Your Defence is not to be withdrawn and stands.

In the event of any review not being agreeable or a default in monthly payment then both parties have recourse to approach the Court before any judgment is made final.

 

Simples !!!

 

Regards

 

Andy

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Regards

 

Andy

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hiya andy

 

brilliant,,, thanks so today i need to send my income and expenses which would them show them my affordibility amount im offering them.

Do i also put into my responce that im also wanting the following inserted in the tomlin order before i sign it

 

1. 12mth review.

2. No s69 interestlink3.gif because if the agreement does not alow it thn then neither would the court award it.

3. My Defence is not to be withdrawn and stands.

4. In the event of any review not being agreeable or a default in monthly payment then both parties have recourse to approach the Court before any judgment is made final.

 

i then can work with this but it will also show that if they persued me in court i would still show the court my income and expenses and would only end up paying that anyway if i lost but i still have not had the copy of the cca that is enforceable.

 

Could i also put in my letter that if this is not satisfactory to them that i ask again for the copy of the Consumer Credit Agreement that I have signed to which they have still failed to supply to me even after my CPRu reqest. I have relooked at what they did send and it was an application form only and also i got a default letter but never anything else, so hence my low offer to them.

 

your last thoughts please

Edited by angel_1
added bit about the application form only received

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Hi Angel

 

Yes that's the way to go, in the event that the TO cant be agreed then the matter proceeds to trial anyway, when the claimant offers the option of a Tomlin Order it usually in the interest of both parties to avoid trial and further costs, sometimes its because the Claimants case may fail and they are happy to accept this method as a conclusion to the matter.

 

Forget CCAs for the moment that is an aside to the TO process and try to thrash out a consent that is acceptable to both parties.

 

Regards

 

Andy

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okay andy understood the way forward now

 

i will offer my offer which will be in line with my income and expenses and include the 4 points too, and then see what they come back with - if its not acceptable to them im happy to go to court on this one and as im already paying a ccj on another creditor with a low amount monthly i cannot see what the diff another ccj and low amount offer will make to my circumstances, after the illness of past few years im taking all this in my stride and ensuring im not going to become ill again over debts.

 

thanks for all your help again much appreciated

 

angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Best of luck Angel I'm sure they will accept your offer and amendments.

 

Keep your thread updated with what transpires.

 

Regards

 

Andy

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Thanks Andy, will do for sure so others can be helped too,

 

cheers angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Hi Angel,

 

Great support here from Andy.

 

Don't let them force you into paying any more than you can reasonably afford.

 

:-)

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hiya slick

 

dont worry feeling sharp and they wont get anymore even if they did persue me to court, the earnings are just not there, so will hang around for a reply now will keep u all updated dont worry, cheers angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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hiya andy and slick and all

 

have had a rejection to my offer, also have had a letter from the inland revenue my child tax credit no longer being paid so that reduces my income now to what my offer was, drat!

 

can i just reply to them advising that im taking further legal advice and get back to them within the next 7 days or something as only got the letter 2 days ago and again pressuring me with a reply within seven days of theirs being sent.

 

i will go and find the letter to update more of what it says brb

cheers angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Hi Angel

 

If you could either upload the letter or type it out verbatim (less any personal details).The devil is in the detail.

 

Regards

 

Andy

We could do with some help from you.

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[ATTACH=CONFIG]35143[/ATTACH][ATTACH=CONFIG]35143[/ATTACH][ATTACH=CONFIG]35143[/ATTACH][ATTACH=CONFIG]35142[/ATTACH]

 

 

hiya andy

 

sorry scanner not working and treid to download some kind of fix update but still struggling, im going to type up on a word document then try and attach it that way, it might have been quicker as im a fast typist, lol

 

BLIMEY,,im even amazed myself ive got to change it to pdf too, lol will now type up the next more important bits, brb IM GOING to just put it all on one document, so give me a while cheers,

 

Done it should all be on the above attachement now cheers angel x

 

my initial thoughts

1. first reveiw is in 6 months time and not 12.

2 they have given the full amount and only decreased it by a 3rd, so would end up paying 2/3rds which well, that may a bit better than claiming back any card late payment charges if i could anyway, but still a lot more that i can pay at this rate it looks like nearly 20 years!!!!

3. if i default even by one day on a payment or reveiw they go for the judgment.

4. they have failed to send me the info on my cpr request and took years to get back to me and now i feel its all on their turf so to speak.

5, do i take a chance in court and if i lose i end up with more payments but maybe a lower monthly amount anyway or they may then go for a charging order ?

6. have emailed slick with correct amounts if that helps

 

cheers i look forward to your wise words as ever but of course my instinct is listen to the best course of action and what choices i do have really.

 

angel x

Edited by angel_1
my scanner is not working,,,,have updated my thoughts too

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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HSBC 1 030512.pdfhi not sure what ive done as i cant see the info ive sent on a pdf attachement,

 

cheers angel x

 

seems to be working on this post,,, ?

Edited by angel_1
added the attachment here too

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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HI Angel,

 

Just type up the relevant bits - the doc'ts are not visible to us.

 

:wink:

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hi ya slick

 

if you click on the HSBC on post 138 and open it up i can see my document but i cant on my previous post can you now?

Edited by angel_1

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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hiya all, im hoping ive done it right i can defo see what ive typed up on post 138 by clicking on the hsbc then it opens up for me, not sure if the same for you?

 

ill wait for any replys now cheers angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Ok, I can see it now.

 

I didn't use that because it looks like a normal CAG Link that takes you to general site info. Perhaps if you'd called it "sol'rs ltr" or something else, the link would look different.

 

I suggest a holding letter asking for 7 days to take advice and come back to them.

 

:wink:

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Nope still not visible Angel

We could do with some help from you.

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Not to worry Angel I get the drift of it so not really much movement from the last proposal if any at all.If agreement in unattainable then the process becomes exhausted this can back fire on them should this be successful in their favour and the question of costs arise.

 

Regards

 

Andy

We could do with some help from you.

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Ok Angel

 

They have then agreed to the 12 month review and in effect will only add sec69 after judgment should you default, so a plus to you.

With regards to recourse should you default, they are not interested and consider that this would be no benefit to their Client, of course it wouldn't but we are just trying to get some balance so its not all claimant loaded.

 

So apart from what they are actually offering to accept as F&FS and whether you have the means to accept it I see no reason not to accept the TO now in its amended form.

 

Regards

 

Andy

We could do with some help from you.

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Hi Andy,

 

No doc'ts visible with those links, for me at least. :-(

We could do with some help from you

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Thanks !:-)

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Me neither Slick they worked well in the old thread.

 

Looking into it.

 

Andy

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