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    • i dont think you need to supply a 2nd defence, thats not usual so lets see these notes and the sheriffs orders please about exactly what you have to do.   the only thing above in your list which has any worth in moving forward with is 1 b+c the rest forget. we've already concluded that ex didn't settle the OD so forget that and anything to with HBOS , not relevant.   you either exploit the mistakes in intrum's claim, its an OD there is no agreement under the CCA, there is no DN issued as its not covered by section 87 of the CCA.   go read how your original defence should have looked post 26 here Cabot/Nolans Simple Procedure - old HBOS OD debt - Page 2 - Scotland Financial Legal Issues - Consumer Action Group   particularly from The claimant is also put to strict proof to:-   carefully noting what the claimant should be producing, which should they fail to provide should render any success in the claim fatal         
    • Absolutely. They must take responsibility for the return. It's nothing to do with you. You don't want to send something off – and then find that it's not delivered an then you have another argument on your hands because it would probably be down to you. You must wait until they respond and either they make a reasonable arrangement for the return – which doesn't cost you anything – or they tell you to keep it – or something. The important thing is that they become responsible for the return and if you end up sending it yourself, you are simply following their instructions. In terms of the credit card, well done – that you didn't pay by bank transfer, for instance. Get hold of the credit card company and begin the process of a section 75 claim. If they ask you if you have return the item yet, tell them that you have made strenuous attempts to reach the retailer and they are not responding and that you have a paper trail to show the messages you have sent which to date have not received any reply. I suggest that you read our customer services guide before you start doing anything on the telephone. You've been here since 2016 so you do that already don't you?
    • Have received a letter from the tribunal service advising that my defence has been submitted to the claimant and more info will be provided if they wish to pursue. 
    • Hello DX   I am back seeking your help  . . kindly.   After the last CMD on 17 February we were given 21 days to submit the following:   1.    written note of my niece’s defence to specify:              a.    When and by whom the settlement amount mentioned in the initial defence was paid.               b.    Explaining the specific issue of the default Notice, if you remember they said in their case that it was issued.               c.    Specify the amount and dates of the bank’s charges that are in dispute.   2.    Should we need to call witnesses, I presume for ex-partner or HBOS, we can do that on Form 10A   3.    We can seek order from the court to HBOS to submit documents, Form F10B.   I need to submit a new defence without emphasising the role of ex-partners for two reasons. One, he might not paid the settlement. Two, he is the forces and it is unlikely we can locate where he is even to get a witness statement from him.   I would appreciate your thoughts to see how best to present the new defence.   I have few days yet as I need to submit before the end of the 21 days (I worked out to be 10 March).   I could upload the pdf file of the notes of the last CMD, sensitive information Redacted, for your to have a glance at it.   Thank you
    • Holders of Wyelands' 35 and 95-day notice accounts will be paid until the end of the notice period and savers who held fixed-rate accounts will be paid up to the end of their term. View the full article
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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MOT Rules for a SORN vehicle


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Hello All,My first post and its a question :)My lodger has two Mazdas, she bought the first about 12 months ago - a mark 1 and about two weeks later bought a mark 2 the mad girl.The Mk1 has sat for a year in a garage and is now due for another MOT - why she hasnt gotten rid already I dont know but non the less.She took it for an MOT and it failed on some small welding job that needs sorting out - she has taken the car back to the garage from the test centre and has asked me to find a welder for her which I have done.The car needs to go from the garage to the welder ( a journey of about 7 miles or so) and then return to the test centre for a free re-test before a 10 day period expires (quite generous as I dont think they are obliged to do that).The Car is Insured, and I believe it still has a little MOT left but I dont think it has tax as she let it go after wasting about 11 months worth sat in the garage.I dont want her to get fined however so is there something that must be done, is this repair journey permitted as long as there are no detours (which there wont be) or is this a compulsory put it on a trailer job.Many ThanksAndy (Cybermat) ;)

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as long as it is booked in forthe mot and has insurance then you will be fine

 

best to keep hold of the appointment card though

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It is an exempt vehicle as far as tax and MoT is concerned providing it is being driven to/from a pre-booked MoT test or to/from pre-booked repair once it has failed such a test.

 

It does not need tax, MoT (or even number plates), but it must be insured to allow it to be driven.

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Whilst there is an exemption for going to a pre booked Mot, or from it to a repairer, in theory it does not cover driving it home from the test centre.

 

It most certainly does not apply for any subsequent journey from the place of keeping to a repairer, even if the repairs have been pre-booked, unless it is back to the original Mot centre where it will be retested following repair ie., change of mind over having them effect the repairs, or to another Mot centre where a new test will be carried out (fee payable) following repair.

 

The simple option, if you are correct that there is still some Mot remaining, is to tax it before that jouney, after all, is that not the intention for having it Mot'ed?

 

If the vehicle licence has expired, it should have been declared (SORN) as your thread title suggests, but you do not mention in your post. If that has not been done, a penalty may be averted if it is recent and the new tax is consecutive.

 

Another alternative would be to have the vehicle moved on trade plates as an alternative to being trailered.

 

Do not risk taking it on the road outside of the strict exemptions as APNR cameras have become an unobserved tool for enforcement.

Edited by Gick
Missed spacing

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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Whilst there is an exemption for going to a pre booked Mot, or from it to a repairer, in theory it does not cover driving it home from the test centre.

 

It most certainly does not apply for any subsequent journey from the place of keeping to a repairer, even if the repairs have been pre-booked, unless it is back to the original Mot centre where it will be retested following repair ie., change of mind over having them effect the repairs, or to another Mot centre where a new test will be carried out (fee payable) following repair.

 

 

Sorry, but this is complete nonsense.

 

VERA Sched 2, S.22

 

Vehicle testing etc.

 

22(1)A vehicle is an exempt vehicle when it is being used solely for the purpose of—

(a)submitting it (by previous arrangement for a specified time on a specified date) for a compulsory test [F45, a vehicle identity check][F46, a vehicle weight test or a reduced pollution test], or

 

(b)bringing it away from [F47any such test][F48or check].

 

[F49(1A)A vehicle is an exempt vehicle when it is being used solely for the purpose of—

 

(a)taking it (by previous arrangement for a specified time on a specified date) for a relevant re-examination, or

 

(b)bringing it away from such a re-examination.]

 

(2)A vehicle is an exempt vehicle when it is being used by an authorised person in the course of a compulsory test [F50, a vehicle weight test [F51or a vehicle identity check or][F52, a reduced pollution test] or a relevant re-examination and is being so used]solely for the purpose of—

 

(a)taking it to, or bringing it away from, a place where a part of the test [F53, check][F54or re-examination] is to be, or has been, carried out, or

 

(b)carrying out a part of the test [F53, check][F54or re-examination].

 

[F55(2A)A vehicle is an exempt vehicle when it is being used by an authorised person solely for the purpose of warming up its engine in preparation for the carrying out of—

 

(a)a compulsory test [F56or a reduced pollution test], or

 

(b)a relevant re-examination that is to be carried out for the purposes of an appeal relating to a determination made on a compulsory test [F56or a reduced pollution test].]

 

(3)Where the relevant certificate is refused on a compulsory test [F57, or a reduced pollution test,]of a vehicle [F58or as a result of a relevant re-examination,] the vehicle is an exempt vehicle when it is being used solely for the purpose of—

 

(a)delivering it (by previous arrangement for a specified time on a specified date) at a place where relevant work is to be done on it, or

 

(b)bringing it away from a place where relevant work has been done on it

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Pat Davis

 

Please show where in the above the driving to the repairer from the keepers address is covered.

 

What you have highlighted at the end refers to going from the Mot centre to a repairer.

Edited by Gick
addition

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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Pat Davis

 

Please show where in the above the driving to the repairer from the keepers address is covered.

 

What you have highlighted at the end refers to going from the Mot centre to a repairer.

 

Try reading. (You can't even spell my name correctly!)

 

22 (3) refers to taking a vehicle to and from repair premises - nothing to do with the testing centre. There is no statutory requirement for the vehicle to only travel from the test centre.

 

22 (1)(b) is the referral for returning from a testing centre

 

 

However, it is worth noting that the 22(3) exemption only applies after a lest certificate has been refused.

 

There is no requirement that the repair premises are the same as the test centre

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Pat Davies,

 

I apologize for getting your name wrong.

 

Surely the Mot and the repairs must be intimately linked without the break on the owner's premises for the exemption to be claimed?

 

To extrapalate the argument, in a month's time when the money is available, it can be driven to the repairer? Pre-booked. Or the welder takes a month to complete the repairs? I am not trying to be facetious when using this analogy, but there does not appear to be an outer timescale in your interpretation.

 

I certainly would not risk it and have the hassle of challenging it in court as the DVLA are likely to take a very uncompromising attitude to a subsequent journey.

 

I suggested alternatives to trailering so that the OP did not feel that this was the only way not to rely on interpretation.

 

If I have misled the OP then I apologize to him/her. .

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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VERA is silent on time-scales in this regard and therefore none exist (we live under Common Law which basically means that unless something is specifically forbidden, it is allowed)).

 

There is also an urban myth about the testing centre having to be closest or being unable to stop along the way.

 

The first is a myth as there is no statutory requirement to use a nearby testing centre - as long as you can demonstrate a pre-booked appointment, it can be at the other end of the country. The second has been completely debunked by case law; the driver is allowed to stop along the way.

 

Providing the law is being adhered to, the DVLA can go f*** itself. The decision on law is for a Court and not a government agency that thinks itself above the law.

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well said

 

i got dvla to drop a court summons against me through quoting STATUTE LEGISLATION

 

not legislation acording to dvla bean counters and performance targets

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  • 4 years later...
well said

 

i got dvla to drop a court summons against me through quoting statute legislation

 

not legislation acording to dvla bean counters and performance targets

 

 

 

this is very interesting, particularly as i am currently wrangling with nsl to refund my £260.

I am a motor trader. I collected a vehicle from is kept place and drove into my trade premises to briefly check a tyre prior to pre-booked mot test, before backing the car out of the garage onto the public highway. It was left there, with kets in ignition whilst i locked my gates. In those 2, yes 2 minutes, the nsl vehicle arrvied and clamped me.

I have a copy of vera sch2.22 but have been trawling the internet searching for legislation to support my case in fact that my garage is a place of repair and the vehicle was on its way to mot test.

I would like to know what case law you found - any help very much appreciated.

Thanks

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Pat Davies,

 

I apologize for getting your name wrong.

 

Surely the Mot and the repairs must be intimately linked without the break on the owner's premises for the exemption to be claimed?

 

To extrapalate the argument, in a month's time when the money is available, it can be driven to the repairer? Pre-booked. Or the welder takes a month to complete the repairs? I am not trying to be facetious when using this analogy, but there does not appear to be an outer timescale in your interpretation.

 

I certainly would not risk it and have the hassle of challenging it in court as the DVLA are likely to take a very uncompromising attitude to a subsequent journey.

 

I suggested alternatives to trailering so that the OP did not feel that this was the only way not to rely on interpretation.

 

If I have misled the OP then I apologize to him/her. .

 

 

a)delivering it (by previous arrangement for a specified time on a specified date) at a place where relevant work is to be done on it, or

 

(b)bringing it away from a place where relevant work has been done on it

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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a)delivering it (by previous arrangement for a specified time on a specified date) at a place where relevant work is to be done on it, or

 

(b)bringing it away from a place where relevant work has been done on it

 

Thank you but this refers to transportation after an MOT certificate has been refused. My situation was to check something prior to the test. VERA does not state that the vehicle must be taken DIRECTLY to the MOT station only that it must be used for the sole purpose of submitting the vehicle for the test. Its that case Law I'm searching

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VERA Sched 2, S.22

 

Vehicle testing etc.

 

22(1)A vehicle is an exempt vehicle when it is being used solely for the purpose of—

(a)submitting it (by previous arrangement for a specified time on a specified date) for a compulsory test [F45, a vehicle identity check][F46, a vehicle weight test or a reduced pollution test],

 

 

surely that one applies, taking it to a prebooked test

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