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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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So if the debt has beed sold to a DCA with a faulty DN, Do I write to them now and tell them that they now can not enforce the agreement and may only be entiled to the arrears at the time the default was issused, or is it best to keep it until it gets into Court.

E.

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,That is for your judgement, however

positive anyone may be now as to the relevance

of the DN, it may not stand up in trial so IMHO

test the validity now.

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There is another thread on here somewhere, where the OP has or is, successfully arguing that once a debt has been sold on the back of a faulty DN, then with the account being unlawfully rescinded that the new owner can not then claim the full amount, just the arrears on the account.....but where it is, I have no idea!:smash:

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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There is I remember reading it recently, but have slept since then.:doh:

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Slightly different scenario, the OC issued 4 defaults, every one was wrong.

 

They then terminated and got CCJ & Charging Order for the outstanding balance..

 

This was paid in full when my house was sold in 2006..

 

After SARing the OC a couple of months ago I have been made aware of a dodgy default..

 

So since they have terminated and enforced on a dodgy DN and got paid the outstanding balance, can/should I challenge that it should of only been the arrears they were entitled to?.

 

The OC is Blackhorse BTW.

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The time to have done that was when they issued court papers and you should have entered a defence then. I doubt you will get any joy out of them now unfortunately, they got their money their happy.

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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Just a word of warning... I've not seen the case mentioned above but it should be noted that general consensus on default notice cases I've read and been told about are of the opinion that termination on the back of a faulty default notice is not possible hence the contract endures... until proper a valid default notice.

 

S.

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So are you saying that even though the debt has been sold on they could still reissue another DN?

How is that possible when they have sold it on and they don't own the debt anymore?

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A default can the be rectified by the new owner

and the original correct dates applied

so there is still onl one default as required.

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Yes but the dates of the original default MUST remain the same, ONLY the name of the muppet chasing can change..

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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There is a duty under the DPA to

ensure the data displayed is accurate

the default date CANNOT be changed

from the true date if an error has occurred

it can be corrected.

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A debt can be sold at any time

defaulted or not, it's similar

in some cases as factoring invoices.

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Most credit agreements allow for the

creditor to ''call in'' the whole outstanding

balance ih breaches are made of the Ts and Cs.

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Everyone needs to check the Ts & Cs of their agreements,

not having seen them I can only guess this is is the case, but

as said the owner of a debt can sell or assign it at any time.

 

Brig.

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IMHO it has nothing to do with CCA 1974

the terms and condition of agreement

can and in most case does state that in

the case of breaches of the terms or default

they can immediately require full payment,

the same applies to overdrafts.

This has nothing to do any legislation or regulation!!

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I see what you mean itc1607...

 

So they issued you with a DN with a date to rectify the account, but sold it before you had a chance to rectify?

 

You would have to prove that their actions meant you were unable to rectify the account therefore leaving you at a disadvantage, therefore, if they had honoured the DN and you were given the full time they stated would you have been able to rectify the account?

 

If the answer is no, then you won't have been disadvantaged.

 

If you could have rectified the account, but were unable to then it might be seen that you were disadvantaged, therefore, all they will then do, is to reissue a new DN allowing you the relevant time in which to rectify.

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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As said before the new owner of a debt can

up date the default entry butCANNOT CHANGE THE ORIGINAL

DEFAULT DATE. ALSO 1 DEBT ONE DEFAULT>

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