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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
    • The boundary wiill not be the yellow line.  Dx  
    • 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 
    • 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
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Defaults, CCJ's and the 6 year rule?


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Hi,

 

I am in the process of looking to remove defaults and possibly one CCJ (from Bannatynes).

 

I understand the 6 year rule regarding Statute Barred etc.

 

What I would like to clarify is that "IF" I submit a SAR or CCA request does this mean I am acknowleging the debt and so resetting the clock on the 6 year rule ????

 

 

All of my debts are pre 2007

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Hi,

 

No, all you are doing is getting your data or any agreement. If you put at the top of your CCA request," I do not acknowledge any debt to you or any company you claim to represent" that will cover you.

The SAR, as I said is just a request for info, nothing more.

 

fox

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Hi,

 

I've recently found a letter from Lowell for an old debt from June 2002.

 

 

I am certain that the debt is statue barred and have a letter ready to send off to them tomorrow by recorded delivery.

 

 

How long do they normaly take to reply if at all?

 

 

Where do I stand if the debt is sold on or passed to another division of the group as I am aware Lowell has many different sub companys?

 

Is there something I can include in my letter in order to stop repeat letters coming from other DCA for the same statue barred debt?

 

I have included the PLEASE NOTE THIS LETTER IS IN NO WAY AN ACKNOWLEGEMENT OF THIS ALLEGED DEBT TO YOU OR ANY COMPANY YOU REPRESENT. I have also not signed the letter only printed.

 

Is there anything else I should include?

 

Many thanks.

 

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Hi,

The lowlifes will no doubt say "an attempted payment was made on XXXX".

 

Ignore this. Once you have told them it is SB, it is down to them to prove it isn't. They won't be able to based on your dates.

If they flog the debt on. complain to them and to the new DCA and the OFT/Trading Standards

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi Silver Fox,

 

can I ssume then that Lowell will just keep pestering me for this debt but through there other sub companies? Is it possible that they can default me on this even though they are not the original creditor and it is over the6 year statute barred rule?

 

Is there not some form of action I can take under the CCA that once the debt is statute barred it can no longer be sold to other companies?

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It's possible either Red or Hamptons (Il)legal will have a go but I wouldn't bother getting into a letter ping pong with them. You will have stated your case, let them deal with it.

They will go away eventually.

 

Before a debt is sold, it must be defaulted and the account terminated so therefore, at some time in the previous 6 years, you must have been defaulted. You cannot be defaulted for the same debt twice. If they tried it, you could sue them for compensation. This will fall off your credit file (if it hasn't already) but I would get a copy of your file for the next few months.

 

Not much you can do to stop Lowells selling this debt on to anyone else as they don't tell each other whether a debt is SB or not. They just try to get it off their books. Like I said, you would have cause for complaint if anyone else came out of the woodwork.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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as fox says they will try the "attempted payment crap "

 

followed by passed on to red and hamptons crap

 

as soon as that starts report to OFT and TS

 

although a letter to compliance complaining that they are attempting to collect on a debt that they have been advised is statute,usually stops them in their tracks.but will not stop a pass off to muck hall or similar outfit.

 

but why deny the OFT/TS the chance of another registered complaint against these cretins..and another warning slap:D

 

SAM

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  • 1 month later...

NO it isn't

 

It is a legal request for information as laid out in statute

 

Basically, I want to see every piece of information that your company holds on me, this could be from a bank, a doctor, the police, or even a former employer. it is not specific to credit or debt

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