Jump to content


  • Tweets

  • Posts

    • 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 
    • 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
    • Do you also own land the garages on and the private road? Or is it shared freehold with right of access to all freeholders or why?  Dx  
    • I may try cheap plastic bollards (traffic cones) first just to see if they get moved.  I will look into the cost of fixed bollards.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

I will have to start repaying my loans


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4590 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I would love advice from you all I am in canada and dont have a UK bank account anymore and with the pound been low I think I will have to start repaying my loans how do I go about it also would they come after me if i dont pay it back as money ie very tight right now

Link to post
Share on other sites

  • Replies 55
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

firefox - start your own thread on the issue, but short answer:

 

pre 1998 loans and no contact for six years then it's statue barred.

 

As your in Canada it's very hard to get any action againt you and lets face it, how Likely is it there going to find you, they only know what your tell em hence suti's problems.

Link to post
Share on other sites

  • 4 weeks later...
Unless they've contacted you there I wouldn't worry.

yes they know my address here in canada kept in touch with them but i am still under the amount of money that they say I can earn but when I sent in the Defferil form I did not have any pay slips as we have gone to papper less ones so i sent my t4 in which is like the P60 but they said it was not good enough just so worried now at my wits end

Link to post
Share on other sites

That's a shame, they are classed as the 'new style' loan which is like a mortgage and you won't be able to claim they are Statute Barred.

 

They will find it extremely difficult to take enforcement in Canada unless they've already acquired a CCJ here which I doubt they have otherwise they would have mentioned it.

Link to post
Share on other sites

That's a shame, they are classed as the 'new style' loan which is like a mortgage and you won't be able to claim they are Statute Barred.

 

They will find it extremely difficult to take enforcement in Canada unless they've already acquired a CCJ here which I doubt they have otherwise they would have mentioned it.

 

 

NO CCJ yet But i dont understand why They are coming after me when my income was below the only thing I can think is that we dont have pay slips anymore but I sent in my T4 which tells them the income for last year its all papper less other then the T$ but they said that was OK will call them on monday and let you know what they say

Link to post
Share on other sites

  • 2 weeks later...
NO CCJ yet But i dont understand why They are coming after me when my income was below the only thing I can think is that we dont have pay slips anymore but I sent in my T4 which tells them the income for last year its all papper less other then the T$ but they said that was OK will call them on monday and let you know what they say

 

Still waiting to here from them but they did say that they sold the 97 loan to thails i think I didi not know anything about that until i got a letter from them

Link to post
Share on other sites

The 97 loan will be Statute barred if you didn't make a written acknowledgement, payment or referral for a six year period.

 

yes i made some payments before leaving the UK but been on differal since been in canada from 2006 so what can I do will they come after me or will they wait untill i move back to the UK which I will not be doing

Link to post
Share on other sites

They may try to come after you but I doubt whether it would be worth their while. I'm not sure but I think the Statute of Limitations in Canada is five years... you'll have to check. So if no payments etc have been made since 2006 it may be statute barred anyway next year unless they've acquired a CCJ.

Link to post
Share on other sites

They may try to come after you but I doubt whether it would be worth their while. I'm not sure but I think the Statute of Limitations in Canada is five years... you'll have to check. So if no payments etc have been made since 2006 it may be statute barred anyway next year unless they've acquired a CCJ.

 

So would they be able to get CCJ since I am not living in the UK

I think I owe around 8000 would it be worth it

Link to post
Share on other sites

They could only obtain a CCJ if the papers were served at an old UK address & if they did that you could easily get it set-aside because a CCJ cannot be obtained against a non-UK resident.

 

So what you are saying then is don’t worry over it and if they get a CCJ then appeal it and I will only have to worry about it if I come back to the uK for good

Link to post
Share on other sites

Student loan agreements are simple contracts and this gives the Student Loans Company (SLC) 6 years from the date you last paid or acknowledged the debt to go to court to enforce the agreement. There are two sorts of student loans and different rules apply depending upon when you took out the loan.

 

Old style or “mortgage” student loans are consumer credit agreements. Payments cannot be automatically deducted from your wages. The SLC has to go to court before they can enforce the debt against you. This means that the Limitations Act can apply if you have not paid or acknowledged the debt for over 6 years. (Asking for the loan to be deferred could count as acknowledging the debt and start time running again).

 

From September 1998 new style or “income contingent” student loans include rules to say that repayments are automatically deducted directly from your wages or through your tax return if you are self employed. This means that the SLC are still allowed to take money from your wages for a loan over 6 years old as they do not have to go to court to do so.

Link to post
Share on other sites

Student loan agreements are simple contracts and this gives the Student Loans Company (SLC) 6 years from the date you last paid or acknowledged the debt to go to court to enforce the agreement. There are two sorts of student loans and different rules apply depending upon when you took out the loan.

 

Old style or “mortgage” student loans are consumer credit agreements. Payments cannot be automatically deducted from your wages. The SLC has to go to court before they can enforce the debt against you. This means that the Limitations Act can apply if you have not paid or acknowledged the debt for over 6 years. (Asking for the loan to be deferred could count as acknowledging the debt and start time running again).

 

From September 1998 new style or “income contingent” student loans include rules to say that repayments are automatically deducted directly from your wages or through your tax return if you are self employed. This means that the SLC are still allowed to take money from your wages for a loan over 6 years old as they do not have to go to court to do so.

 

I am not sure which ones I have but I know the first was taken out in 97 and they want 60 payments to pay them off i thought that the amount you pay back was on how much you earned but they say no divid the amount by 60 and thats how much you pay back

Thanks foe all your help

Link to post
Share on other sites

I am not sure which ones I have but I know the first was taken out in 97 and they want 60 payments to pay them off i thought that the amount you pay back was on how much you earned but they say no divid the amount by 60 and thats how much you pay back

Thanks foe all your help

 

So is the 60 month the new or old not sure which one it is

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...