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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
    • 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 
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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.

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GOOD (me sometimes) V EVIL (A&L)**WON**


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I agree that this may be safest if you want to keep your claim under 5k or A&L may ask the judge to combine the claims.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks again for that advise, I shall wait until the 1st part of my claim has run its course and then start the procedure again for the remaining charges.I think I have about 9 days to wait before MCOL...................any body need a plumber? as I shall have to work a bit to pay for it :-) :-) :-)

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I have been looking around other banking threads and have a question for all you helpfull people out there. I live in Scotland and my banking address is in Scotland, can I use the money claim online service to claim back charges?............... I am not sure now after looking at a Halifax (I think) bank thread.I have been looking around for months at the various threads and I thought I was sure I could. :confused: ps I am very cheap but not nasty re plumbing LOL

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bsia666, like you, I thought I'd seen somewhere that you could claim in England as long as you were aware that you'd need to travel to England if it got into court, (on the whole an unlikely occurence).

Unfortunately I can't remember where I may have seen it, so can't say for certain.

 

I dare say someone will be along shortly to tell us whether we're barking up the wrong tree. :cool:

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Thanks Younganfree, I have always approached this process assuming I would have to appear in court. I have the mindset that the defendant will turn up for their case in court,they will defend my claim against them and therfore if I follow the tried and tested method on this site............I should have a researched case to present to a judge. I did think I could use MCOL basically the outset of my claim and tailored the amount I was claiming to suit (well under £5000 limit). I would have used my local court and made a series of claims (under £750 limit) if I could not. EDIT>>>>>(THIS NOT A GOOD IDEA AS OF 23.07.08 A judge has ruled against a claimant who tried to claim a series of separate claims and had the claim struct out) I have 7 or so days left before I have to file any claim,so I hope that somebody can clarify this for me. In the interim I shall delve into the murky depths of the CAG forums for more info. :)

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I have just looked at Govan Law Centre website and I can use MCOL. I have their webpage on my desktop but its been weeks since I looked on it......silly ol me again as I must have looked at all this months ago when I was putting my thoughts together.

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You will only be able to use MCOL if you use an address in England, and I believe that your letters should have been addressed to the English address too. I would be inclined to send a copy of your LBA to whatever address you decide on in England giving 14 days to pay or court action. Hopefully that should be sufficient to get round it.

 

I had no idea that you were in Scotland or my advice would have been entirely different.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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No, sorry I wasn't clear, I meant a bank address in England, maybe head office. I am sure I have seen other A&L claims done this way so read through more of the threads in this forum. Sorry I can't think who at this precise moment.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Caro I have had a look at my postings and in the one at 23.19 yesterday I posted my "banking address is in Scotland".............I should have made this clear, I was trying to say "my own personal banking address is in Scotland" .Im sorry I have not been clear with my posting.I have sent my LBA to the Narborough address.

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Use the advanced search tool and put the name Scotland in a search on the Alliance and Leicester forum, and also the A&L successes. See what you come up with.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I have 2 - 3 days left before I have to think about filling in MCOL part of my process,cash to fund it may be another matter...........................................since I posted this I have found out that you need to use a friends or relatives address in England or Wales on your MCOL.

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My account was closed the other week (-£917.47) .I recieved an automated response letter stating - "Notice of intention to proceed with dept recovery action" in my post today and threatening court action in 7 days...............its too bad for them that I know some of my rights ,ONE BEING that when an account is in dispute as mine is, they should not start any proceedings to court.So I phoned and spoke to Sue at customer services,who agreed with me and advised me that there would be an extension until the 4th Jan,before any further action.Ultimately I would have got any CCJ removed as the A&L owe me £5,500 appox,but its much better to not have the CCJ to start with.:-) :-)

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  • 3 weeks later...

Hello bsia666-

I'm at the LBA stage but will be hoping for exemption on Court fee(on Benefit and sight problems worsening despite laser surgery). In view of your own botched op. probs and consequences, did you check out hardship exemptions?

Suppose you did, but just in case...Courts over Crimbo shut down for ever and you need to get this part rolling.

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Ampersand I dont qualify for any relief from paying the fee, I shall just have to do a home job to help pay for it :sad::) . I will be getting MCOL ready for this Thursday deadline, I hope it goes smoooothly.............ha ha. thanks for posting it helps morale and all the best on yer claim.

 

William

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