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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
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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  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 
    • 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.  
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Sorry Andy...no there are definitely not 6k worth of charges....I had an account yes, but they havny provided any proof of any agreement......so I dont really know what my official 'grounds' are for defending to be honest.....:???:

 

Thank you very much, i really really appreciate it

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Tweaked...good to go if you are happy with the pleadings.

 

Regards

 

Andy

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Just your defence...why are you emailing...register to use MCOL and do it on line...far safer/quicker and reliable.

We could do with some help from you.

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and im not issuing any counter claim....?...just checking....eeee Im lucky to have you lot helping me or Id be in the poop without a paddle

 

** obviously not as it would cost me money....which I dont have

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No...you still may have to explain why you dont owe the £5.5K:madgrin:

We could do with some help from you.

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Ok, will they have to prove I owe it....or will I have to prove I dont....?....just wondering if I may as well make an offer to pay in instalments or not...or let it go to court for them to decide

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da-da-da-da-da-dahhhhhhh....Defence Submitted with the absolutely bloody fantastical help of all of you lot....especially so from dx and Andyorch.... yous are a blinkin godsend...yous really are.

Cant thank you enough.....I thought I was a no hoper there....well, my personal court claim defending skills are no hope I know that anyway...haha

 

It did say to check 'you are submitting within 14 days of....or 28 days of.....' which Ive missed....obviously....but the lady I spoke to at the court said just get it in, as long as its in before a judgement is entered or before they do anything it will be fine....is she right?

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The claim is for them to prove...to quantify and show that legal process has been followed...this is not debt avoidance but making them substantiate their claim.

 

If defending in full can pursued them to comprise their case and agree settlement as they should have done before litigation...well I dont see anything wrong in that...considering they have paid £200 for a £ 6K debt.

 

If you offer installments at this stage you automatically get a CCJ......play the game.....hold your nerve.

 

Andy

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Yes sir Cap'n Sir.....playing the game.....Holding my nerve....and my purse.....:madgrin:

 

:yo::wink:

We could do with some help from you.

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Hi all....had a response from my defence. Carter have offered to accept repayments from me....if not they intend to go to court.

What would you advise I do? I don't think I could cope with going to court and having to plead my case....but would they have to accept a pound a week/month whatever...would that mean they can't take me to court if I was paying the bare minimum?

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It would have to be a realistic acceptable offer..if your intention is a £1 a month you would be better letting it proceed to trial and let the court set the payment rate...along with the CCJ.

 

Andy

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Ok...what is classed as realistic /acceptable?!

 

I also Haven't had a CCA or response to CRP 31:14 yet...what happens with that?

 

Don't know what to do...we have lots of debts...so what happens if I offer to make regular payments but then end up having other debts to clear...can the payments be reassessed at a later date?

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40-50% ?

 

With regards to the CPR and CCA requests nothing happens if you agree settlement ..but you will never know should you have proceeded to trial whether they could disclose or would have discontinued the claim.

 

With regards to other debts...disregard them for now they are not threatening a County Court Judgment.

 

Andy

We could do with some help from you.

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Ok...so do you mean 40-50% of the total debt?

And do you mean as a lump sum or do you mean offer to pay 40-50% of the debt but in monthly instalments?..

Sorry I'm not clear on what you mean...thanks Andy

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Yes that what it states...but if you dont ask you dont get...that's the art of negotiation

We could do with some help from you.

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Ahh..ok so you do mean offer 40-50% of the full balance.

 

Ok, they have sent a form for the court in with their letter for me to sign which states that I agree to pay the full balance

In £**** monthly instalments.

 

Can you advise me how I request/offer the 40-50%...do I have to send Carter a certain form, or do I have to speak with the court?

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The best way I always find is to ring up the Solicitor and ask for the claim handler.....catch them off guard as they do not have a script then to rely on...once a verbal agreement appears to be accepted then you can can confirm in writing.

 

There is no need to involve the court at this stage with regards to offers of settlement.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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