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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 
    • 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.
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    • We have finally managed to obtain the transcript of this case.

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Claimform/ Link/GE capital/woodchester


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Application on an N244 with a WS stating why the claim should be struck out. Your argument could be that you require finality, and they have failed to comply with CPR properly, for example – but beware that if they have failed so far to produce the proper paperwork, they may simply take their time locating it and then request the stay be lifted. The advantage of going for strike out is that they put up or shut up.

 

But it really depends on the strength of your case.

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Hi All

 

Have a default notice can this be used in a defence.

 

Date served, 4th july 2008

Remedy by, 18 july 2008.

 

Notice of termination 19 july 2008.

 

Thanks for any help.

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Will need a lot more info, are they demanding the arrears or the full amount, what is it, how old is it, how was it obtained?

 

Default notices can be rectified, so if you tell them it is wrong, for whatever reason, then they will simply issue you with an enforceable DN.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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hi

 

Its for a Loan taken out in late 2005.

The default Notice is for arrears. Dated the 4th july remedy by the 18th july, and then letter dated the 19th.

Headed, Notice Of Termination.

You have disregarded our previous notice of default and as a consequence we give you notice that we hereby

terminate the hiring and the agreement forthwith.

This has been around the block abit with other DCA.

E

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OK so when did you receive the DN? Dated and date received are two separate things.

 

It is highly unlikely that you will have received it on the same day it is printed so that goes in your favour for a start.

 

Don't inform of this, as all they will do is send you a correct DN, wait until they sell it to a DCA first before contacting them again. (IMO)

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Looking through the paperwork this has been sold to Asset Link.

Not sure of the date received but would have been 1 or 2 days after the date on Notice.

E.

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Then GE still own this, they are simply using the fools Asset, as their gopher.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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So if a creditor sells a debt on before the time allowed to rectify it, on the DN how can they possibly issue another one when they don't own the debt? Or can't they?

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Usually, the OC will issue a DN, which will either have the incorrect dates, ie it doesn't allow you the correct time period in which to rectify the account, or they demand the full balance instead if just the arrears, or there will be some other fault with it.

 

So if you say and do nothing after they have issued you with a faulty DN, then they terminate the account, and then sell it on to a DCA, you will be able to claim that the account was unlawfully rescinded and you accept their unlawful repudiation and will pay them the arrears, only.

 

The trouble with faulty DN's is that they can be rectified, so as soon as you let the OC know of it's failings, they rectify it and reissue you another one. Once it has been terminated and sold on the back of a faulty DN, there is no going back.

Edited by Bazooka Boo

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Once it has been terminated and sold on the back of a faulty DN, there is no going back.

 

Evening Boo,

I received a faulty DN from Barclaycard October 2009. I was then contacted by various DCA's demanding the full outstanding balance. I have not notified BC or the DCA's as I do not wish to alert them. BC have never actually terminated the agreement in writing, although DCA's demanding the full balance might be considered termination. Basically, I consider it to be just another piece of ammunition in case they take it to court. I assume the termination will kick in if they sell the debt on.

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Hi Boo

 

The debt was sold to Asset link in 2009 well after the default notice. it had been with a few DCA in the mean time.

I have had letter from Link to inform me that they bought the debt.

E.

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Looking through the paperwork this has been sold to Asset Link.

Not sure of the date received but would have been 1 or 2 days after the date on Notice.

E.

 

Elrib, they seem to send out a lot of DN's by second class post, mine was dated 15 Feb and received on 19 Feb making it a 12 day DN. Worth rechecking your dates and storing as ammo in case of further action.

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Hi Rockwell

 

The DN sent only gives me about 10 days to fix and then I have a letter terminating the agrement, after that, debt was sold. Not going to let them know this but not sure how to use it against them if it gets that far.

E.

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I too am of the same opinion, that if they demand the full amount, then that can be taken as the account is then terminated.

 

As you say, it is more ammo to throw at them if the need arises.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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is there a act or case study that one could use as an example of a faulty default, I am sure I read somthing on this site but not sure where to fine it.

E.

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Subbing also. Been AWOL for mothns and now catching up on many things which either have changed or may have changed and different information on the net. I've read that accepting the repudiation thing seems to mess up things but I don't understand how or why?? has anybody more information on this as it could change some of my 'defence' if needed.

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AFAIK, UR is pretty much RIP, however!!!!!

 

If the OC issues a faulty DN (for whatever reason) and they then sell it to a DCA, (without being informed the DN is faulty) then the new owner can ONLY ever recover the arrears!

 

If the OC issues a DN which is faulty, and they are made aware of this, then all they need do it to issue you with a NEW DN which is enforceable so they can then enforce...

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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And when would be a good time to inform new owners of this fact? When threatened with court action? Or would they go back to OC and get them to issue new one?

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If the OC sold the debt on, is there a Act or case which could be produce in court to show that they can only claim the arrears, As I sure a judge would not just take my word.

E.

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Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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