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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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    • 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.

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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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markstone
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Get that CCA request off ASAP.

 

While it is outstanding they can not enforce. they will have to go to the OC to get a copy of the original as well as the terms from inception and terms from default.

 

Obviously they can provide a recon i.e no signatures but it must be a true copy.

 

For the sake of £1 + signed for delivery it is worth it.

 

How long is it since you last made a payment? If it is only a short time it may be worth trying to set up a payment plan again. As you say you do not want a CCJ on your file.

Any opinion I give is from personal experience .

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Get the legal requests off. Right now, they have only sent a threatogram. Processed for legal action is the same as saying IF, May, might etc etc. Notice how they dont go into detail on what this suppossed legal action is.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Head your CCA request I don not acknowledge any debt with your company.

We could do with some help from you.

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if they've offered numerous discounts

this always makes me wonder WHY?

 

can you scan up the agreement you currently have please?

 

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice DD-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

.

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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three historic threads merged here too.

 

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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There is no " restriction" as far as I know on the OCs entry showing the account settled/satisfied along side the debt purchasers updated entry, this reflects the true conduct of the account, you can request the OC to remove their entry.

Mark as long as the "new owner" of the debt has an entry showing the correct default date all is well, if the OCs entry remains and has incorrect data then a complaint to the OCs Data Controller is the right approach.

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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three historic threads merged here too.

 

dx

Thank you guys for all your kind help. Am away from home today, but as soon as I am back tomorow, I shall get the CCA sent, and try and post a copy of some of the corespondenc letters, thanks again ( it's good to know I am not fighting this alone! )

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CCA Request has been sent. I did think it was strange that they keep on making offers on the account, I am hoping it is not out of the goodness of their heart, but rather, they do not have the right documentation, so they can"t enforce it! I am just in the middle of trying to get the scanned pic of the letter they sent me

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The fact that the agreement was dated may 2007 suggests that they would have a good chance of enforcing this .

 

The discounts which seem to be in the region of 25% may just mean they would rather have a fat profit in their hand now than a slow income stream .

 

Remember that for a £6000 debt they will probably have paid less that £1000

 

although I understand that the value of debts is increasing

 

i.e buyers are having to pay more.

 

If that is the case there is still a potential quick profit of 3500 for them .

 

Nice little earner if you can get it.

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Any opinion I give is from personal experience .

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Hi Markstone.

 

No need to react to the letter because the CCA request has been made, although you could point this out to CapQuest if you want.

 

:-)

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  • 1 month later...

IMO, Yes, they will know they have failed to send the CCA, so the account is in dispute.

 

I feel it may be pointless reminding them of this just yet. Wait until, if at all, you get any other begging letters off them, or anyone else, then you can respond by sending the ''failed'' letter.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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IMO, Yes, they will know they have failed to send the CCA, so the account is in dispute.

 

I feel it may be pointless reminding them of this just yet. Wait until, if at all, you get any other begging letters off them, or anyone else, then you can respond by sending the ''failed'' letter.

 

Yeh,I will hang fire before I do anything further!!

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  • 1 month later...

Ok Guys, just an update on this continuing saga.

I had a letter this morning from Capquest, saying that they have not been able to obtain my requested document from the original creditor Barclays Partner Finance ( My CCA request ) and therefore they recognize that this debt is not enforceable. Should they ever get the document in the future, the debt becomes enforceable again. But if BPF have not sent it by now, I am guessing, its not likely they ever will ( they have had 3 or 4 months to find it )

 

 

So all in all, good news..........for now!

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Yup, sounds like good news, for now although this is not going to help get adverse CRA data removed. :-(

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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It is possible that at some point in the future they may try to send some form of recon (this happened to me with CL finance after they were bought) . This may or may not technically fulfil their cca request liabilities. However if that does happen you would need to look at it very very closely as I for one would be suspicious .

 

Overall yes it is good news. I assume that you have stopped paying , so fingers crossed now until the SB date

Any opinion I give is from personal experience .

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