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    • I disagree with the charge and also the statements sent. Firstly I have not received any correspondence from DVLA especially a statutory notice dated 2/5/2024 or a notice 16/5/2024 voiding my licence if I had I would have responded within this timeframe. The only letter received was the single justice procedure notice dated the 29.5.2024 this was received on 4.6.2024. I also disagree with the statement that tax was dishonoured through invalid indemnity claim. I disagree that the licence be voided I purchased the vehicle in Jan 2024 from RDA car sales Pontefract with agreement to collect the car on the 28.1.2024. The garage taxed the vehicle on the 25.1.24 for eleven payments on direct debit  using my debit card on my behalf. £62.18 was the initial payment on 8.2.24  and £31 per month thereafter the second payment was 1.3.24.This would run from Jan 24 to Dec 24 and a total of £372.75, therefore the car was clearly taxed before  I took the car away After checking one of my vehicle apps  I could see the vehicle was showing as untaxed it later transpired that DVLA had cancelled my tax , without reason and I did not receive any correspondence from DVLA to state why it was cancelled or when. The original payment of £62.18 had gone through and verified by my bank Lloyds so this payment was not declined. I then set up the direct debit again straight away at my local post office branch on 15.2.2024 the first payment was £31 on 1.3.2024 and subsequent payments up to Feb 2025 with a total of £372.75 which was the same total as the original DD that was set up in Jan, Therefore I claimed the £62.18 back from my bank as an indemnity claim as this payment was from the original cancelled tax from DVLA and had been cancelled . I have checked my bank account at Lloyds and every payment since Jan 24  up to date has been taken with none rejected as follows: 8.2.24 - £62.15 1.3.24 - £31.09 2.4.24 - £31.06 1.5.24 - £31.06 3.6.23-£31.06 I have paper copies of the original DD set up conformation plus a breakdown of payments per month , and a paper copy of the second DD setup with breakdown of payments plus a receipt from the post office.I can also provide bank statements showing each payment to DVLA I also ask that my licence be reinstated due to the above  
    • You know hes had it when they call out those willing to say anything even claiming tories have reduced taxes on live tv AS Salmonella says: The Conservative Party must embrace Nigel Farage to “unite the right”, Suella Braverman has urged, following a disastrous few days for Rishi Sunak. The former home secretary told The Times there was “not much difference” between the new Reform UK leader’s policies and those of the Tories, as senior Conservatives start debating the future of the party. hers.   AND Goves replacement gets caught booking in an airbnb to claim he lives locally .. as of yesterday you can rent it yourself in late July - as he'll either be gone or claiming taxpayer funded expenses for a house Alongside pictures of himself entering a house, Mr McGuinness said Surrey Heath residents “rightly expect their MP to be a part of their community”. - So whens farage getting around to renting (and subletting) a clacton beach hut?   Gove’s replacement caught out on constituency house claim as home found on Airbnb WWW.INDEPENDENT.CO.UK Social media users quickly pointed out house Ed McGuinness had posted photos in was available to rent     As Douglas Ross says he'll stand down in scotland - if he wins a Westminster seat - such devotion.
    • I've completed a draft copy to defend and will post up here for review.  Looking over the dates and payments this all stemmed from DVLA cancelling in Feb , whereby I set up a new DD in Feb hence the overlap, why they cancelled when I paid originally in Jan I have no idea. Anyway now stuck with pending court action and a suspended licence . I am also firing off a letter to DVLa recorded disputing the licence revoke
    • Thank you both for your expert knowledge and understanding. You're fighting the good fight by standing up for people like me and others with limited knowledge of this stuff. I thank you. I know all my DVLA details are good. I recently (last year) renewed my license, and my car's V5 is current with the correct details; the same is valid for my partner. I'll continue to ignore the love letters 😂 and won't let it bother either me or my partner.  I'll revisit this post if/when I get a letter of claim.  F**k ém.
    • Please check back later on today for a fuller response and some edits
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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. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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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Royal Mail signed for/recorded delivery is a waste of money… I have at least half a dozen items which haven't been signed for and for which I am trying to claim compensation… Track & Trace just keeps telling me to come back later! TB

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similar. they just give out stamps as a policy of appeasement.

 

as said, depending on the circs, normal post with a cert of posting wld suffice.

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but, is that letter deemed received as it is being returned to you as undelivered?

as determ, just send another copy in normal first class post with cert of posting. it'll be put through the letter box, then deemed received if not returned as undelivered :)

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A text from his neice states I could phone him tomorrow between a certain time, which I guess doesn't interfere with the football. Do I need to act in a way that is third party led and without anything in writing..

 

You could insist on all communication in writing, which means he can't later deny the details.

However, this would delay things.

 

Why not phone him as requested, but just record the call ?

 

BTW : 47 pages and 934 posts on this thread ; you'd have thought you could have just worked this out by now from everything that has been said so far .........

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I suppose there's not much else you can do apart from try for an OFS or perhaps bankruptcy… but I've no idea how you'd do that… it would probably cost more in legal fees than they owe you… TB

 

Once you have the charging order the debt is "secured" : does this not prevent it being used in a creditor's petition for bankruptcy?

Unless you are suggesting the OP give up their security and join the unsecured creditors

https://www.insolvencydirect.bis.gov.uk/technicalmanual/Ch37-48/chapter45/part9/part_9.htm and

http://www.legislation.gov.uk/ukpga/1986/45/section/269

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After a successful legal case where money was confirmed as owning to me, I need to review the amount being paid. Can I request from the debtor a full income and expenditure outlay of his income in order to determine a fair monthly payment for myself. Many thanks..

 

Background to this thread....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?381806-Lending-money-to-a-friend.

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You can request it by all means, just as they can ignore your request, and rightly so, what makes you believe you have the right to see such private and personal information as this?

 

I'd be grateful that you won your case and they are paying you at all TBH.

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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I think the bottom line would be that you would have to apply to have the order varied if your case was heard and a ccj granted

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After a successful legal case where money was confirmed as owning to me, I need to review the amount being paid. Can I request from the debtor a full income and expenditure outlay of his income in order to determine a fair monthly payment for myself. Many thanks..

 

How long ago did you gain the CCJ ?

 

Has the debtor always paid the amount due on time ?

 

If you got the CCJ within the last year and the amount due has been paid on time, then i don't think you can do much. i don't think you should be contacting the debtor or taking any action, unless action is reasonable, because the CCJ was sometime ago or there has been problems with payments.

We could do with some help from you.

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The current situation is there has been minor issues with payments where they have been late, there was a consent agreement but this has ended and now I wish that myself and the defendant come to a mutually agreeable payment plan, how ever he is currently ignoring my request for reasonable debate on the issue, what are my options ?..

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Ive had a quick read of the related thread CD, if hes now ignoring you then you have little choice but employing a private baillif to collect on your behalf. Send him a letter advising of your intentions if he refuses to communicate and make new arrangements.

 

I am basing this on the understanding there is still a sizeable amount left of the original debt still owing.

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