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    • HI DX Yes check it every month , after I reinstated the second DD I was checking every week. Also checked my bank statements and each payment has cleared. When responding to the court claim does it need to be in spefic terms ? Or laid out in a certain format? Or is it just a case of putting down in writing how I have expained it on CAG?
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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
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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  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 
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mbna - link issued court papers help?


almond
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Ok thats fine so you have not missed anything important.The N170 is the Pre trial Check list.The Listing Fee is payable by the Claimant.It is merely a means to confirm that all directions have been complied with so in your case have they disclosed everything you have requested?

 

This should then be sent to the Court in which the case is proceeding together with payment of the Listing Fee where required.

There is no requirement that the parties exchange copies of their Pre-trial Checklists with each other. However, they are encouraged to do so to avoid the Court being given conflicting or incomplete information.

 

You can download it and complete today and email or fax it to Northampton with a covering letter as to why its late.

 

With regards to Links letter you have received I have not the foggiest what they are talking about.

 

Regards

 

Andy

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HI

they say its because i failed to comply with order to do check list so they are going for judgement, can i do check list now and ask them to give me an extension for two months as i requested before, i will still not know for a couple of weeks if i need operation to remove abcesses

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Have you been set a trial date? Did you ever receive a copy of their WS ?

We could do with some help from you.

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yes trial date is 28th june, got witness statement last month

its been moved to my local court

 

just off to get blood taken back about 11.30 just in case you thought i had gone

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Complete the N170 as advised above with a covering letter and make your request.When considering an adjournment the court must consider the overriding objective CPR 1.1 as to whether;-

 

the parties are on an equal footing

the case is dealt with proportionately. expeditiously and fairly; and

a proportionate and appropriate share of the court’s resources is allocated to the case.

 

I am not sure your reasons would be accepted as valid for an adjournment to be considered but you can only request.

 

Regards

 

Andy

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hi

have just got post from court

 

it is ordered that

1 the time for the defendent to file her amended defence and disclosure statement is extended to 19th june.

 

2 the trial listed on 28th june is vacated

 

3 this order has been made by the courts own motion. Any party affected by this order may apply

to the court within 7 days to ask for the order to be set aside, varied or stayed (pursuant to

part 3.3(5)a of cpr

 

does anybody have any idea what it means?

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Saves you having to request adjournment Almond.Have you not completed the N265? This is standard disclosure and you have been allowed extension to submit.

 

Andy

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Reading between the lines Link have tried to push for judgment but the Court as shown leniency towards you the defendant.Link do have opportunity to object.

 

" 3 this order has been made by the courts own motion. Any party affected by this order may apply

to the court within 7 days to ask for the order to be set aside, varied or stayed (pursuant to

part 3.3(5)a of cpr "

 

Regrds

 

Andy

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If you refer back to your Notice of Allocation it gives the time table of what is required from each party, you got as far as the WS , next is Standard Disclosure (N265) then its simultaneous exchange then the N170.

We could do with some help from you.

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will look later at all the paper,do you think link will be able to get a judgement ? or will they be able to over throw

the courts motion, what is the worst that can happen

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I would get your N265 and N170 away today without delay then you are back on track.Whether Link to make application to set a side or vary or stay the order is unknown at this stage.Lets hope for you they don't.If they did they could make application to strike out your defence and request Summary Judgment.Thats why its imperative you do the forms today and enclose a covering letter as suggested to inform the Court the reasoning behind your delay.

 

Andy

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HI

Will put in n170 and ask about n265 since i really can't remember having one to do

 

just thinking was a n265 were i had to submit paperwork i was using in defence since i sent that to them in feb - mar time

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HI

Will put in n170 and ask about n265 since i really can't remember having one to do

 

just thinking was a n265 were i had to submit paperwork i was using in defence since i sent that to them in feb - mar time

 

Yes its a listing of all referred to and relied upon to support your defence.

We could do with some help from you.

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