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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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    • If you are buying a used car – you need to read this survival guide.
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    • 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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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
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Medical report-rta


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Had my medical report back re car accident rear ended, whiplash which i knew about, she has written it is currently causing mild to moderately severe disability, bit vague isnt it? Have to have an unknown amount of physio and it should start to improve over the next 6 months, no long term problems. Also have pains in my arm/hand which she has basically said the same as above. So how will the compensation be calculated? As mild-moderate?

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You need legal advice to put your claim in correctly, do not rely on insurance co to look after you.

 

Are you thinking of a PI claim, raydetinu? I guess that could be no win no fee [NWNF] or possibly through legal cover within the motor policy if enocar has that?

 

My best, HB

Illegitimi non carborundum

 

 

 

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You need legal advice to put your claim in correctly, do not rely on insurance co to look after you.

 

 

Agreed.

 

I think you should instruct a solicitor as the third party insurers probably won't make a fair offer and you may end up undersettling your claim.

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I have a solicitor im just not sure what is meant by mild to moderately severe? Does the compensation go towards the lower end of the scale or the highest? Do they look on it as just being mild? Coz i dont see how being unable to move my arm properly for a week as being mild! And my solicitor wont give me a compensation figure til i send the paperwork back! Also if i disagree with the amount he comes up with what then?

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I have a solicitor im just not sure what is meant by mild to moderately severe? Does the compensation go towards the lower end of the scale or the highest? Do they look on it as just being mild? Coz i dont see how being unable to move my arm properly for a week as being mild! And my solicitor wont give me a compensation figure til i send the paperwork back! Also if i disagree with the amount he comes up with what then?

 

 

 

As I said in your other thread minor neck injuries lasting between a few weeks and a year should be around £875 to £2,850. You also have an arm injury which will increase your award.

 

The compensation will be calculated on the length of time the medical expert says your injuries will last - the longer the prognosis the higher the award.

 

Your solicitor will calculate what you injuries are worth and propose an offer of settle to make to the third party - This is based on the JSB guidelines and existing case law of similar injuries. They cannot make up an unrealistic figure as you will never settle if they do and a Court would use the same criteria to work out your compensation.

 

Sorry to say but your injuries will fall into the "minor" bracket assuming that you make a full recovery. Only suffering for one week is mild.

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hello help. i had a rta and hv a medical examination in a month arranged with family lawyer. it will hv bn 2months by then and am still in pain and saw ths post and wondered if Ganymede could advise me: i have prescribed medz im takin, nhs physio arranged via A&E and struggling to sleep, pain when carrying bags on colar/shoulder and lower back pain, it has been a month and still feel pain when doin things althou physio has started to help a bit, will the Dr's prognosis count from date of accident or from date of examination? just wondered whether from the above i am suffering from mild/moderate neck/back whiplash? any adv appreciated.

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The answer to both is the same.

 

The medical expert will take into account all medication and treatments and give an opinion on how long the injury will last.

 

The prognosis period is always calculated from the date of the accident/injury to when the expert believes you will fully recover.

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