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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 
    • 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
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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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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CPR 73 (4)

 

73.4

 

(1) An application for a charging order will initially be dealt with by a judge without a hearing.

(2) The judge may make an order (an ‘interim charging order’) –

 

(a) imposing a charge over the judgment debtor's interest in the asset to which the application relates; and

(b) fixing a hearing to consider whether to make a final charging order as provided by rule 73.8(2)(a).

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If you requested in your particulars...yes.

We could do with some help from you.

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Apologies if this has already been covered, but have you considered sending this debt to an HCEO firm? They would send round a bailiff to try and collect. It might not achieve anything if the defendant doesn't really have any seizable assets, but maybe worth a go?

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I believe I've been libeled, with the implication that I might be party to a criminal act (the signature isn't my signature as spoken and in written form by the defendant, so who's signature is it then ?

 

No you haven't.

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Apologies if this has already been covered, but have you considered sending this debt to an HCEO firm? They would send round a bailiff to try and collect. It might not achieve anything if the defendant doesn't really have any seizable assets, but maybe worth a go?

 

One of the many options I guess..

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I should be relieved but I feel sick and I have been..

 

 

It's not nice to think that someone that has been such a good friend that you were willing to help by lending so much money to would let you down. Had he been honest and told you he had difficulty paying and tried to make an arrangement to pay you back when he could it would be a different matter.

 

 

The fact is that he has not been a friend to you so you have had no choice but to take this action. He could have stopped it at any time, but instead has deliberately ignored you, and dragged this out. This is not your fault so please don't feel bad about it and for goodness sake, don't make yourself ill worrying.

 

 

Anybody who had had their good nature taken advantage of in this way would do the same.

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It's not nice to think that someone that has been such a good friend that you were willing to help by lending so much money to would let you down. Had he been honest and told you he had difficulty paying and tried to make an arrangement to pay you back when he could it would be a different matter.

 

 

The fact is that he has not been a friend to you so you have had no choice but to take this action. He could have stopped it at any time, but instead has deliberately ignored you, and dragged this out. This is not your fault so please don't feel bad about it and for goodness sake, don't make yourself ill worrying.

 

 

Anybody who had had their good nature taken advantage of in this way would do the same.

 

Thank you for your kind words..

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As the set aside was refused I don't see that anything will have changed, but I suggest that you phone the court and see how things stand with the CO.

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Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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As the set aside was refused I don't see that anything will have changed, but I suggest that you phone the court and see how things stand with the CO.

 

I understood it was going to be dealt with at the same time as the set aside but it was never discussed. Perhaps I get a separate hearing day for that. I give it a few days and then I could phone up the court..

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I understood it was going to be dealt with at the same time as the set aside but it was never discussed. Perhaps I get a separate hearing day for that. I give it a few days and then I could phone up the court..

 

The co shld continue as was. Maybe a hearing if they think they have grounds to object to a co (they cant now object re the ccj)

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