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lonerider

Recieved a Claim For From County Court For SORN

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Hi Everyone.

 

OK - her goes.

 

Sent of my SORN last August. Then in April this year get my first letter from Philips saying that i own them £80. I phone up DVLA saying what is this all about they explain, I tell them get stuffed I sent the SORN as requested and now this is in dispute. I get a further 3 letters from Philips asking for £80. I phone up DVLA and moan, and send many letters to the DVLA saying that i sent of my SORN but they just do not listen. DVLA said they never recieved it in time. They did receive it but some moths later.

 

They say that I will still need to pay it. (laugh)

 

I have heard of the post office act, some others act or acts oh my life i hate the DVLA.

 

I have 14 days to do my defence so these little lying scumbags dont get away with this. I have plents of evidence to say they loose forms, SORNS etc but what i need here is some legal help?

 

 

Thanks for listening!!!

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Have a look at the Interpretations Act 1978 Section 7. Should clarify the legality behind sending documents through the post.

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just google it and click the top link. Should take you to the relevent location within the Office of Public Sector Information website. Scroll down and click on 'References to services by post'.

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Thanks everyone for you help.

 

I have filled in my N9B (defence form) with my defence and my N9 ( Acknowledgment of sevice) letter.

 

Will be sending by recorded post in the next 2 days.

 

Is there anything i need to know about the DVLA or something that will add weight to my case? I have much evidence took ages via FOIA etc showing they do lose stuff.

 

All help appreciated

 

Hungrybear you did well...

 

PS any recent cock ups by the DVLA that i can use please? as evidence

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Send them a CPR18 letter asking for all the info they are relying on in this case.

 

There are many people who are taken to court (magistrates) for not providing SORN details.

 

As far as I am aware, every single one of them was won by the defendant because the onus is on the defendant to post the info & is not liable if royal mail fail to deliver it on time.

 

It would appear that your case is slightly different in that a DCA is issuing a civil claim against you but your defence would be based around the fact that you posted the SORN info in time & using the interpretations act as mentioned earlier, you cannot be held responsible for the DVLA to have received it late.

 

You could ask for a copy of the SORN info provided as this may demonstrate that you did indeed sign & date it at the relevant time. To claim that one would then not post it until several months later would be a ridiculous claim, IMO.

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Ah, good point

 

The CPR18 letter i sent to DVLA?

 

Do i get this from the court?

 

How do i word it?

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Edit to suit (much of it is not appropriate for your case) & send it to the Co named on the N1 claim - might be Philips or Solicitors. Send it Special Delivery & print off the tracking info from RM site to prove receipt. Keep copies of all documentation & receipts as these will help your case.

 

 

In the Northampton County Court

xxxxx v lonerider

Claim Number:

 

Dear Sir,

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with xxxxxx

c. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions.

d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

g. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

h. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours Faithfully,

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Secretary of State for Transport (DVLA) who is the claiment is on the N1 claim form.

 

Send it to them? - i believe i cant counter claim against the state or crown.

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Can you scan a copy of the N1 & post on here (after removing identifying references). This will help other caggers who may be able to offer advice.

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