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    • I disagree with the charge and also the statements sent. Firstly I have not received any correspondence from DVLA especially a statutory notice dated 2/5/2024 or a notice 16/5/2024 voiding my licence if I had I would have responded within this timeframe. The only letter received was the single justice procedure notice dated the 29.5.2024 this was received on 4.6.2024. I also disagree with the statement that tax was dishonoured through invalid indemnity claim. I disagree that the licence be voided I purchased the vehicle in Jan 2024 from RDA car sales Pontefract with agreement to collect the car on the 28.1.2024. The garage taxed the vehicle on the 25.1.24 for eleven payments on direct debit  using my debit card on my behalf. £62.18 was the initial payment on 8.2.24  and £31 per month thereafter the second payment was 1.3.24.This would run from Jan 24 to Dec 24 and a total of £372.75, therefore the car was clearly taxed before  I took the car away After checking one of my vehicle apps  I could see the vehicle was showing as untaxed it later transpired that DVLA had cancelled my tax , without reason and I did not receive any correspondence from DVLA to state why it was cancelled or when. The original payment of £62.18 had gone through and verified by my bank Lloyds so this payment was not declined. I then set up the direct debit again straight away at my local post office branch on 15.2.2024 the first payment was £31 on 1.3.2024 and subsequent payments up to Feb 2025 with a total of £372.75 which was the same total as the original DD that was set up in Jan, Therefore I claimed the £62.18 back from my bank as an indemnity claim as this payment was from the original cancelled tax from DVLA and had been cancelled . I have checked my bank account at Lloyds and every payment since Jan 24  up to date has been taken with none rejected as follows: 8.2.24 - £62.15 1.3.24 - £31.09 2.4.24 - £31.06 1.5.24 - £31.06 3.6.23-£31.06 I have paper copies of the original DD set up conformation plus a breakdown of payments per month , and a paper copy of the second DD setup with breakdown of payments plus a receipt from the post office.I can also provide bank statements showing each payment to DVLA I also ask that my licence be reinstated due to the above  
    • You know hes had it when they call out those willing to say anything even claiming tories have reduced taxes on live tv AS Salmonella says: The Conservative Party must embrace Nigel Farage to “unite the right”, Suella Braverman has urged, following a disastrous few days for Rishi Sunak. The former home secretary told The Times there was “not much difference” between the new Reform UK leader’s policies and those of the Tories, as senior Conservatives start debating the future of the party. hers.   AND Goves replacement gets caught booking in an airbnb to claim he lives locally .. as of yesterday you can rent it yourself in late July - as he'll either be gone or claiming taxpayer funded expenses for a house Alongside pictures of himself entering a house, Mr McGuinness said Surrey Heath residents “rightly expect their MP to be a part of their community”. - So whens farage getting around to renting (and subletting) a clacton beach hut?   Gove’s replacement caught out on constituency house claim as home found on Airbnb WWW.INDEPENDENT.CO.UK Social media users quickly pointed out house Ed McGuinness had posted photos in was available to rent     As Douglas Ross says he'll stand down in scotland - if he wins a Westminster seat - such devotion.
    • I've completed a draft copy to defend and will post up here for review.  Looking over the dates and payments this all stemmed from DVLA cancelling in Feb , whereby I set up a new DD in Feb hence the overlap, why they cancelled when I paid originally in Jan I have no idea. Anyway now stuck with pending court action and a suspended licence . I am also firing off a letter to DVLa recorded disputing the licence revoke
    • Thank you both for your expert knowledge and understanding. You're fighting the good fight by standing up for people like me and others with limited knowledge of this stuff. I thank you. I know all my DVLA details are good. I recently (last year) renewed my license, and my car's V5 is current with the correct details; the same is valid for my partner. I'll continue to ignore the love letters 😂 and won't let it bother either me or my partner.  I'll revisit this post if/when I get a letter of claim.  F**k ém.
    • Please check back later on today for a fuller response and some edits
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HM Courts & Tribunals Service - Warrant of Bailiff


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Hi Folks

 

Not sure if I have posted on the correct section....

 

Next Retail Ltd V ME

 

I have received the letter from HMCTS saying that they have a warrant to seize goods owned my me and take them to auction to be sold to recover the sum of £523.73...

 

What steps so i have to make ?

 

I cant afford to pay this as I am on benefits as I was made redundant at Marks and Spencer after 6 years service 4 years ago.

 

Advice ?

 

Thanks

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so next took you to court and got a CCJ?

did you know about it?

 

its VERY very rare for warrant to be issued on a civil debt!

 

something is not right here

 

moved to the bailiffs forum

rather than q&A about the design of the site.

 

tell us the full story please

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for your swift response.

 

Yes, but I was not taken to Court and got CCJ for this debt !

 

I am profoundly deaf and have no assets and lives in a housing association and have a car worth £1000.

 

Any more questions ?

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I am amazed that NEXT have taken this course of action. This is because they have no only had to incurred a summons fee, but more importantly, they have also paid £100 to have a warrant issued.

 

As you are on benefits it is a very simple matter of completing an N245 (variation of a court oder). There will be a fee to pay but if you are in receipt of the qualifying benefits, you can complete form EX160 to apply for exemption from court fees.

Edited by tomtubby
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The Bailiff that will turn up will be the County Court Bailiff and he should contact you first to say he is coming. These Bailiffs are much more amenable than the majority we come across on here.

 

You can fill the N245 in online and you need to apply to both Vary the Judgment and Suspend the warrant of Execution. There is a fee to pay but if on certain Benefits or a low wage then you will also need Form EX160 for Fee Remission.

 

CAB advice is very variable but should tell you exactly the same.

 

PT

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did you know about the ccj

was there any paperwork sent BEFORE you got it

 

it might well be you can get the whole thing set aside.

 

i would also suspect vunerability issues here

so a bailff should NEVER have been involved.

 

not sure on the right action

 

maybe call the court and ask?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes I got a letter that I would get CCJ for non payment for a £300 debt and it has now increased to £523.73.

 

I must have overlooked this and suddenly I got a letter that they have a warrant to seize the goods....

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I imagine what has happenedis that they gained Judgment by Default as you did not acknowledge Service of the original documents and subsequently did not make a defence/counterclaim/offer of payment.

 

If you did not receive the original Court documents then this would give you grounds to apply for Set Aside - however you must have a realistic chance of being able to defend such as being able to pay the money demanded otherwise you will be turned down as it would just be substituting 1 CCJ for another. Have a read http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

 

PT

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you have a letter from a county court bailiff. not as bad as private bailiffs. they are civil servants. ok sounds like good old northamption county courts have been losing post again. you can apply to set aside but it will just but you back to square on and i guess your not disputing you owe Next the money.

 

call the bailiff and ask them to send out the N245. and suspend the warrant. it is a means testing form. Next will see the form and either accept what you offer or decline it.. if they decline the judge will make a ruling and as long as you fill it in correctly. the judge wont force an amount you can not afford. if your unemployed and on benefits its free. otherwise its £40

:???: what me. never heard of you never had a debt with you.
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You have been given excellent advice on here and three times have been told that the CORRECT route is to file an N245 and complete an EX160 court exemption form. As there may be many other people in similar situations, could you please post back to let everyone know how this develops.

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