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    • I disagree with the charge and also the statements sent. Firstly I have not received any correspondence from DVLA especially a statutory notice dated 2/5/2024 or a notice 16/5/2024 voiding my licence if I had I would have responded within this timeframe. The only letter received was the single justice procedure notice dated the 29.5.2024 this was received on 4.6.2024. I also disagree with the statement that tax was dishonoured through invalid indemnity claim. I disagree that the licence be voided I purchased the vehicle in Jan 2024 from RDA car sales Pontefract with agreement to collect the car on the 28.1.2024. The garage taxed the vehicle on the 25.1.24 for eleven payments on direct debit  using my debit card on my behalf. £62.18 was the initial payment on 8.2.24  and £31 per month thereafter the second payment was 1.3.24.This would run from Jan 24 to Dec 24 and a total of £372.75, therefore the car was clearly taxed before  I took the car away After checking one of my vehicle apps  I could see the vehicle was showing as untaxed it later transpired that DVLA had cancelled my tax , without reason and I did not receive any correspondence from DVLA to state why it was cancelled or when. The original payment of £62.18 had gone through and verified by my bank Lloyds so this payment was not declined. I then set up the direct debit again straight away at my local post office branch on 15.2.2024 the first payment was £31 on 1.3.2024 and subsequent payments up to Feb 2025 with a total of £372.75 which was the same total as the original DD that was set up in Jan, Therefore I claimed the £62.18 back from my bank as an indemnity claim as this payment was from the original cancelled tax from DVLA and had been cancelled . I have checked my bank account at Lloyds and every payment since Jan 24  up to date has been taken with none rejected as follows: 8.2.24 - £62.15 1.3.24 - £31.09 2.4.24 - £31.06 1.5.24 - £31.06 3.6.23-£31.06 I have paper copies of the original DD set up conformation plus a breakdown of payments per month , and a paper copy of the second DD setup with breakdown of payments plus a receipt from the post office.I can also provide bank statements showing each payment to DVLA I also ask that my licence be reinstated due to the above  
    • You know hes had it when they call out those willing to say anything even claiming tories have reduced taxes on live tv AS Salmonella says: The Conservative Party must embrace Nigel Farage to “unite the right”, Suella Braverman has urged, following a disastrous few days for Rishi Sunak. The former home secretary told The Times there was “not much difference” between the new Reform UK leader’s policies and those of the Tories, as senior Conservatives start debating the future of the party. hers.   AND Goves replacement gets caught booking in an airbnb to claim he lives locally .. as of yesterday you can rent it yourself in late July - as he'll either be gone or claiming taxpayer funded expenses for a house Alongside pictures of himself entering a house, Mr McGuinness said Surrey Heath residents “rightly expect their MP to be a part of their community”. - So whens farage getting around to renting (and subletting) a clacton beach hut?   Gove’s replacement caught out on constituency house claim as home found on Airbnb WWW.INDEPENDENT.CO.UK Social media users quickly pointed out house Ed McGuinness had posted photos in was available to rent     As Douglas Ross says he'll stand down in scotland - if he wins a Westminster seat - such devotion.
    • I've completed a draft copy to defend and will post up here for review.  Looking over the dates and payments this all stemmed from DVLA cancelling in Feb , whereby I set up a new DD in Feb hence the overlap, why they cancelled when I paid originally in Jan I have no idea. Anyway now stuck with pending court action and a suspended licence . I am also firing off a letter to DVLa recorded disputing the licence revoke
    • Thank you both for your expert knowledge and understanding. You're fighting the good fight by standing up for people like me and others with limited knowledge of this stuff. I thank you. I know all my DVLA details are good. I recently (last year) renewed my license, and my car's V5 is current with the correct details; the same is valid for my partner. I'll continue to ignore the love letters 😂 and won't let it bother either me or my partner.  I'll revisit this post if/when I get a letter of claim.  F**k ém.
    • Please check back later on today for a fuller response and some edits
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Help wanted.Restons / CCJ


ianjen
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Hi we are new to this forum but unfortunately not new to debt problems! We are currently on a DMP with the CCCS which has been working fine until the MBNA instructed Restons Solicitors to gain a CCJ on the outstanding debt, even though we were paying them monthly on our DMP.

 

All our other creditors have been really good and accepted the DMP by the CCCS. We feel really annoyed that this has not been the case with the MBNA as initially we were making payments to all creditors albeit with a struggle until they (MBNA) put up their interest rate to 37%APR. Which is what tipped us towards the CCCS. We now feel that they are using the bully boy tactics to jump the queue for payment and even though we agree we have got ourselves into this mess, we now begrudge paying them. They are the only ones that have given us a hard time, telephoning us and generally trying to get extra money above the agreed amount set by the CCCS.

 

Anyway, back to the CCJ - the case was heard at Northampton CC and it was agreed that the payments would stay the same as the DMP. However, we have now received a redetermination by the claimant to our local County Court. A date has yet to be set. It is not our intention to avoid this debt as at the end of the day we have spent the money, but if they want to be difficult then we can to (if possible anyway)

 

We have noticed that on some of the forum threads that advice has been given to ask for a CCA, what we would like is maybe a bit of information or advice if this would help our case. Any help would be greatly appreciated.

 

Many thanks in advance

 

Ian and Jen

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Help! We have dropped a major clanger and are hoping that someone out there can throw us a rope!!

 

We have recently received a CCJ via Restons/MBNA/Northampton CC. Having read threads on this site, we realise now that we should not have admitted liability for the claim without asking for the CCA etc from Restons/MBNA.

 

Is there any way we can get the judgement set aside and with our new found knowledge contest this CCJ??

 

Regards

 

Ian

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You would need to request a set aside of the CCJ which would take the claim back to the point of Restons having submitted their claim to Northamton CCBC

 

Setting Aside a CCJ -

 

A Guide To Setting Aside CCJ's You Never Received

CCJ removal inc. step by step guide

Applying for a Set-aside

Spamalot - CCJ and interest on debt. ***WON***

Setting aside the original CCJ of your CCA

 

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Hi - thanks for the links.

 

We have read through Spamalots case and there are some similar issues to ours.

 

Action we are taking:

 

Request to Restons Solicitors for a CCA

 

Request to MBNA for a Subject Access Request

 

Both using the templates found on the site.

 

Our only concern is because Restons have gone for a redetermination to our Local County Court, what happens if the redetermination date is set before we receive the information requested from Restons and MBNA.

 

Do we still need to request for a set aside to the Court - can someone confirm we are taking the right actions as we want to post the requests tomorrow.

 

Many thanks Ian

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Welcome to the site.Will move your thread and re-title.I am sure you will be advised on all that you seek answers to in your post here.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Did you attend the original hearing ?

If the Court was minded to keep the repayments in place,then it is likely that any redetermination will arrive at the same conclusion.

It is more difficult now to challenge the debt by relying on MBNA being unable to comply with a request under the CCA,because the CCJ has been entered,and also given your DMP in repaying it.

How old id the debt ?

When was you defaulted ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thanks will do one to the MBNA also.

 

So on what grounds to a do a set aside - really confused :???:

 

Because we have admitted the debt we really do not know what to put on it - sorry but can you assist??

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Threads merged.

 

ianjen, please stick to the one thread regarding this matter, makes it easier for people to help.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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I'm not sure exactly of the best way to go about this, but if you are opposing Restons re-determination application, then you could inform the court that you are intending to apply for a set aside and request that enforcement of the Judgment be suspended pending the outcome of your set aside application and/or that Restons application be delayed.

 

As I say, I'm not quite sure about how you would go about this, but it might involve making an application of your own, or it may require you to submit your actual set aside application.

 

Hopefully someone else will be able to clarify the issues here.

 

Cheers

Rob

 

PS

Reply typed at the time threads were being merged !!!

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Hi ianjen , make sure that you turn up at the court date, it is quite likely that if you get a good judge that the determination order is thrown out. bring evidence that you have paid payments set by court on time. bring evidence that your other creditors have accepted payments without court action. All the judges that I have come across so far have been very fair if you can prove that you are doing your best towards your debts and that a creditor is being greedy and using the courts to get ahead of other creditors. I will keep an eye on your thread and try to help if I can. The main thing is don't worry ,a lot of people on this site found it though MBNAs tactics myself included.

sleepingdog

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Hi thanks for merging the thread we will use this one now.

 

In reply to Martin3030 - no we did not attend the original Court Hearing - this was done at Northampton and we were never given a date for the hearing.

 

The debt was defaulted on the 4th December 2009. We made the first payment via the DMP on the 1st August 2009.

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In reply to Supasnooper - no we were not aware we had any legal rights i.e. requesting CCA etc. We were advised by the CCCS to complete the summons forms and send off ASAP and admitting the amount.

 

As regards to paperwork received:

 

Default notice was dated for both cards - 4 December 2009 requesting for an arrears payment to be paid by the 21 December 2009

 

On the 5 January 2010 notice received from Restons demanding full payment of both debts by the 19 January 2010

 

On the 22 and 27 January 2010 summons received from Northampton CC filled out as per advice from the CCCS and returned.

 

10 Febuary 2010 received Judgment for Claimant received instalments the same as the DMP - only thing added were the court costs of £345 to each debt.

 

This weekend we have receive redetermination to our Local Court the date to be advised.

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Ok.

You have lots to think over now then-given the response here.

I agree with getting everything together to show that you are willing to pay,and your ability to do that.

You have to decide whether going for a set aside here to challenge the authenticity or legitimacy based on the CCA request options will not backfire.

Whats the date for a redetermination ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Sorry our posts crossed-I see date is to be advised.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi Martin3030 - we do not have a date for the redetermination as we only received it this weekend. If only we had found this site before we signed the admission!!

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As regards to paperwork received:

 

Default notice was dated for both cards - 4 December 2009 requesting for an arrears payment to be paid by the 21 December 2009

 

 

According to the dates you have given above, even if posted 1st class, the DNs were invalid. Therefore if the alleged agreements were terminated as a result of these DNs, they were done so unlawfully, and the claimant did not have a cause of action.

 

You'd have thought they would have learned by now! Just how dumb are they? :rolleyes:

 

Cheers

Rob

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They are probably hedging their bets-Northampton madfe the orders at the Courts own notion so no hearing.

They must think that a redetermination could give them more.

 

Theres time to get further comments and views-hopefully from anyone who has faced the same situ.

 

At the end of the day its down to the Judge,and we have seen instances where they have leaned towards the other side recently where there have been challenges made on agreements that have been subject to repayment plans.CMCs have a lot to answer for.

 

In one case the Judge asked the guy outright "did you spend the money ?"

are you saying you DIdnt have this money ? the guy spluttered yes-and Judge sided with the claimant.

Theres lots to consider here including the process leading up to the CCJ-were they done right ?

Only you can decide which road to go down-hopefully there will be more posts here to help you make that choice.

Edited by MARTIN3030
Typos

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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If the DN's are incorrect could we bring this up in Court as a defence on the day?? Sorry really not up to speed how the Court proceedings would work

 

As you can appreciate we don't want to make matters worse and this is our greatest fear at the moment.

t

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ianjen, do you own your home ,if so they may look at you not attending again and getting judgement changed to forthwith ,this will then open the route for a charging order, something that Restons and MNBA seem to like.

sleepingdog

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Yes thats a very good possibility.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Yes we do own our own house.

 

So it maybe as well to attend court and see what happens??? We may get a 'nice' judge and see what they are really like??

 

Will the courts give us a chance to say anything at all in our defence??

 

We have sent off the requests for the CCA etc today anyway.

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You will have every chance to speak-I have no doubt CAGGERS will prepare you and brief you.

Not only will you have chance to speak in your own defence,but also to ask questions.

 

We have encouraged our Court buddy arrangement too.

This means that if you would like-we can put out a shout for a more experienced member to attend Court with you.

More on that if you feel its something that you would like.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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