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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Did you ever send a SAR to halliprats? It might be useful as you can see exactly what they got, and u can start reclaiming charges and any ppi back. Also send 1st crud the account in dispute letter and remind them that the unlawful processing of your information is a breach of your human rights, bet they run away as soon as they realise you ain't no mug.

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Nope never done a SAR ,,I will prob have more original paper work than they have got :)There is no PPI If only a little..The amount is now over 16000..the limit was only 14.400 so deff charges ;)

 

Is it ok to email them ?? my ink has run out ..OH said he could print letters off at work But would rather get it started than wait a while ?

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I'd send them a SAR and get everything they have, which is more ammo for you, and make sure you ask for all copies of notice of assignments, default notices, termination notices and all phone call logs, and everything they hold on u and get reclaiming those charges. It'll keep them busy.

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Can I just SAR 1st Credit..Has they have now brought the debt ?? shouldnt they have all the paper work ?

 

No all they get is a CD/DVD with a list of accounts and names then send out the threats etc. They don't bother with paperwork until someone demands it.

 

dpick

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They do need to have paperwork, the fact that they issue sd's like confetti just goes to show the abuse of the processes and used to scare people into paying up, challenge them and get costs, if they do it often enough to u they could end up paying your debt off lol

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Checked CF nothing new ..Halifax still own the debt accordin to Noodle( But todays mail says 1st cred own it ..Got a NOA too which 1st cred have obviously printed out themselves ;) ..No CCJs or anything else to report ;)

 

Well if thats the case about the SD 1st cred will make me BR for a citi card..Then wont have to bother with the Hlifax account ..Its so confusing.com ;)

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  • 4 weeks later...

UPDATE

 

well 1st Crud have replied with sending me a n Application form (the same one that all the DCs and Halifax have sent ..but this time has a new set of T & C with it ..I didnt ask for the CCA from Crud..I sent them a letter saying it was still in dispute with the OC and has been since 2008 ..I take it I should just ignore?? ..Im sure Ive read on CAG that if halifax thought they could get their money ,,They would of done so years ago..Its been passed the parcel for 4 years now ..About 5 DCA have tryed to collect..I know 1st crud are issuing SDs ..shall I just wait and see if one turns up : ??

 

Thanks Guys

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Did you send the SAR off to haliprats, if so then you can tell 1st crud that the dispute is on going with the OC and you are awaiting information from them. Make them aware that until the dispute is resolved they should not be passing accounts on in dispute and should they try to enforce you will defend and counter claim for distress caused.

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