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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • notodebt
      SJP letter from courts - Car tax fine

      By notodebt · Posted

      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 
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      By tobyjugg2 · Posted

      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.  
    • HP Mum
      Private Land parking issue

      By HP Mum · Posted

      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
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      Private Land parking issue

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      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  
    • HP Mum
      Private Land parking issue

      By HP Mum · Posted

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

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Consumer dude

By Consumer dude
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Guest

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Posted
Posted
makes no difference in what sense ??

 

you have an int C/O, regardless of the 'type' of judgment.

the final c/o hearing is adjourned subject to the set aside application. if judgment is set aside, then no C/O for now.

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Ok, but he needs to show why doesn't he why he deserves a set aside..

 

absolutely, yes. as mentioned, they need to satisfy at least the cpr requirements for set aside of the judgment.

if not set aside, then your c/o likely to be final?

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Consumer dude

Consumer dude

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absolutely, yes. as mentioned, they need to satisfy at least the cpr requirements for set aside of the judgment.

if not set aside, then your c/o likely to be final?

 

I have seriously tried my best, and now he has lied to the court. Will I get a chance to question him at the hearing..

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Posted
I have seriously tried my best, and now he has lied to the court. Will I get a chance to question him at the hearing..

yes, i think so. presume you have objected to the set aside so there is now a hearing?

so, they will need to satisfy set aside requirements re the particular given judgment.

check with ganymede

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Guest

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Posted
Posted
Is his witness statement his defence as well..

 

his ws shld be re the set a aside hearing. though aspects of it might also end up in a defence shld it be set aside.

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Consumer dude

Consumer dude

Posted
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yes, i think so. presume you have objected to the set aside so there is now a hearing?

so, they will need to satisfy set aside re the particular given judgment.

check with ganymede

 

I am objecting to the set aside in the form of a witness statement which I understand needs to be sent to court and defendant at least seven days before the hearing. At the end of the day I've told the truth..

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AndyOrch

AndyOrch

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I have seriously tried my best, and now he has lied to the court. Will I get a chance to question him at the hearing..

 

No...this is Small Claim Track...you will be in and out in 15 mins

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determindator

determindator

Posted
Posted

15mins is a very limited time to get to the bottom of the accusation of the defendant claiming it's not his signature on the agreement. If he does concede it is his sig, surely the Court will have something to say about wasting time at the very least.

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Ganymede

Ganymede

Posted
Posted
His witness statement was signed by him self and a further signature by the person who helped him. Does my witness statement just need to include my statement of facts and need not include anyone else to witness it.

 

Just your sig on your witness statement. .

 

His shouldn't really have been counter signed. It's a bit odd that it was.

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Ganymede

Ganymede

Posted
Posted
15mins is a very limited time to get to the bottom of the accusation of the defendant claiming it's not his signature on the agreement. If he does concede it is his sig, surely the Court will have something to say about wasting time at the very least.

 

My concern is that without a report from a handwriting expert how will the Judge know if it's his signature or not?

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Consumer dude

Consumer dude

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My concern is that without a report from a handwriting expert how will the Judge know if it's his signature or not?

 

In that case, would it be for the defendant at his own expense to prove the signature is not his and not for my self to prove otherwise. The judge after all has already found in my favour..

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steampowered

steampowered

Posted
Posted

If this is just a set aside hearing, there shouldn't be any decision made on whether or not it was his signature. The decision would only concern whether the existing CCJ should stand or whether the judge thinks he should be allowed to start again. At the set aside hearing you should emphasise the amount of time that has passed, that he had plenty of chance to file a defence and the cost/trouble you have already gone to trying to enforce. If you can paint the signature thing as a desperation argument rather than something serious that would help too.

 

If the judge thinks there is something in the signature point and a set aside is granted, he would then be able to file a defence and you'd go to a hearing down the track which would decide on the signature. If this happens you'd probably end up with a jointly appointed handwriting expert.

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Consumer dude

Consumer dude

Posted
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Posted (edited)

I write in response to the witness statement of the defendant. I am (name) of (address)

 

A/ The defendant has claimed that he wishes the judgement entered on the 6th/JAN/2015 to be set aside and goes on to wish to defend this action and that no evidence has been supplied to how how the claim is made up.

On this issue I draw to the courts attention the paper work that I have supplied both to the court and to the defendant within the civil procedure rules and within the time and that I dispute the defendants claim on this issue.

 

B/ It is also stated by the defendant that the charging order be set aside as not served nor evvidence supplied.

On this issue, I again have presented all documents according to the rules to the defendant and within time limits and with that I also dispute the defendants claim on this issue.

 

C/ The defendant gave me absolute authority to operate his accounts, which included his current account and any credit cards in his name. So the allegation that he did not give me permission to use his credit cards in a way that would help to overall reduce his debts, I totally refute The defendant gave me absolute authority to operate these accounts.

 

D/ It is being claimed by the defendant, that the signature that he signed to confirm the amount that he owed me is not his signature. I (the claimant) state that this signature is the defendants signature and to which it was signed along side mine on (the date) at the defendant home address following my stay with him self and his family over the christmas period of 2012 and I am of the opinion that this is a desperate attempt to deny the truth and to further waste my time and the courts time..

 

E/ Further more the defendant has been aware for over two years of the claim against him and should he have had any concerns, he should have presented those concerns at the time either through mediation ( which he had turned down) or even to instuct someone one to speak on his behalf if he was not able to himself

 

F/ On the day before the hearing to decide the charging order application I received an application to set aside. I present to the court that that was an atempt by the defendant to delay and frustrate proccedings.The above is a summary of might be sent to the court and the defendant.

 

Any comments so far to this would be appreciated. Many thanks..

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Consumer dude

Consumer dude

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Had a few days off from this issue. I am now preparing a witness statement which I aim to send off both to him self and the court some time next week which will be within the time stated. The mere fact that from the order being given and his application to set aside has not been acted on promptly. Over four months from the date the order was given to the time of his application..

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