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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?
    • Come and engage with homelessness   Museum of Homelessness MUSEUMOFHOMELESSNESS.ORG The award-winning Museum of Homelessness (MoH) was founded in 2015 and is run by people with direct experience of homelessness. A very different approach. If you're in London you should go and see them
    • 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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Hi Me Darling ;)

 

Yep I sent email yesday,, so should get a letter in a day or 2..I also sent Halifax an Email and asked them if they held the CCA for the account ..they sent me the aaplication form and said andI quote I REFER TO YOUR RECENT COMMUNICATION AND ENCLOSED IS A COPY OF YOUR SIGNED APPLICATION I HOPE THIS MEETS YOUR REQUIREMENT ;;

 

Well Halifax it dont ..I asked For the AGREEMENT not APPLICATION FORM ..So i will now email them again and ask again :))

 

 

I do remember when I had this account it was a Telephone Application..Then I got this to sign ..Maybe this application is infact the CCA ..:))

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Are they the historic terms and conditions or current, if current remind them that you need the terms and conditions that were in force at the time you applied. Also remind them that documentation needs to be legible and to send you a copy that is, as that is what the law and courts would require.

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UPDATE last year I recieved a SD from Crapquest,,come through the post didnt bother with Setting Aside .....they then past it to Muckhall ..Never heard from them again..now today a letter from Crappy saying..they are going back to Marbles for the info ..account on hold blah blah

 

Obviousley the SD was a threat..and they have giving me a different Ref number to use too,,Left hand dont know what the right is doing, and wrong account number on letters..They can Fox trot and Oscar ;)

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Hi

 

I have just checked my credit report with noodle ..the default I had with halifax has gone..Is this because 1st credit have brought the account ?? And they will re add it in their name ?? if so

 

does this mean I will have to wait another 6 years before it drops of my File ?

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no, they can only update the account.

 

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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several threads on same debt merged

 

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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  • 2 weeks later...

UPDATE

 

Well has you all know Halifax sold their accounts to 1st Credit

..I asked 1st credit for a CCA request.

.they came back with the same App/CCA has all the other DCAS

they even sent Statements of accounts for 2 years only tho

 

..I emailed back and said it wasnt good enough,

and that I wanted SOA for the duration of the account

 

..I heard nothing then this AM I received the Application again .

.New T&Cs and this letter

 

it says and I quote

 

Please find enclosed a signed copy of the original agreement,T & CS at the time the agreement being signed and T & CS at the time the agreement defaulted

 

Inaccordance with Section 78 of the consumer Credit Act 1974 please find below statement of accounts

 

A the state of the account £2.000

B the amount if any currently payable under the agreement by the debitor to the Creditor ...£.2000

C the amounts and due dates of any payments which, if the debitor does not draw further on the account, will later become payable under the aggrement by debitor to creditor ...£2.000

 

 

The account is on hold in the interim and we look forward to hearing from you with your comments reqarding the enclosed documents

 

Now they have not sent no statement of accounts like I asked ..

And the amount they are claiming ,

 

Are they saying that is all they want from me ???

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Well has you all know halifax sold their accounts to 1st credit

..I asked 1st credit for a CCA request.

.they came back with the same App/CCA has all the other DCAS

they even sent Statements of accounts for 2 years only tho

 

..I emailed back and said it wasnt good enough,

and that I wanted SOA for the duration of the account

 

..I heard nothing then this AM I received the Application again .

.New T&Cs and this letter

 

it says and I quote

 

Please find enclosed a signed copy of the original agreement,T & CS at the time the agreement being signed and T & CS at the time the agreement defaulted

 

Inaccordance with Section 78 of the consumer Credit Act 1974 please find below statement of accounts

 

A the state of the account £2.000

B the amount if any currently payable under the agreement by the debitor to the Creditor ...£.2000

C the amounts and due dates of any payments which, if the debitor does not draw further on the account, will later become payable under the aggrement by debitor to creditor ...£2.000

 

 

The account is on hold in the interim and we look forward to hearing from you with your comments reqarding the enclosed documents

 

Now they have not sent no statement of accounts like I asked ..

And the amount they are claiming ,

 

Are they saying that is all they want from me ???

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A CCA request provides an ''agreement'' and a statment of the account at the present time if you require more inforamation you must make a Subject Access Request (SAR) to

Halifax.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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My guess is that this is only one of the debts, the SAR I think is the way forward now, too risky to make guesses.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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