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    • Can someone please advise on how to upload picture.  I’ve taken a photo of the first page of claim form and converted to pdf but it saying file too big. It’s only one page
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • you IGNORE THEM. stop being had blind nothing anyone can do to you. dx  
    • 3 threads merged for complete history of your debts. i suggest you re read from post 1 again. what are you doing still blindly paying a DCA on a historic debt?  
    • Hi, I have an old outstanding debt from 1994 due to MBNA for £20,000. The debt has been passed to various DCAs and is currently with PRA Group.  I sent them a CCA letter in January 2024. They acknowledged this letter and stated they would come back when they had more information, however the information did not arrive within the 12 working day scenario.. I have just received a copy of the agreement which goes back to 1994 from them. In their response letter they have stated " Please find enclosed documentation received to date: we are waiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further action against you to recover the outstanding balance". They then go on to state "we are still legally entitled to:  1.Contact you to ask and repay what you owe 2.Pass your details onto a third party collection agency 3. Continue to report your account with the credit reference bureaux (as appropriate)". I'm at a loss as to what I should do next and would appreciate any guidance on this matter. I am currently paying £5.00 pcm. TIA      
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      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.
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Bit of a long stroy this one.

 

My car has been on SORN since 2007.

 

Always declared it online no problem.

 

Seemingly in 2011 I didnt do it on time.

 

Now thinking back I remember getting a letter from DVLA to which I rang them and they said if I send the declaration off that day everything would be fine

(think it was within a month of SORN expiring).

 

I got a notice of SORN back from them and forgot about it.

 

On to last year where we moved address and sent all docs off (licensce, v5 etc for all cars) to get changed over.

 

Never heard anything back regarding the SORN'd car but as I dont use it, it went un-noticed.

 

with that change address not been acknowledged the SORN renewal must have gone to the wrong address even though we had mail redrection?

 

last month I got a fine through for not decalring SORN.

I emailed them stating that I had sent off all documents and they/royal mail must have lsot them

and I was unwilling to pay a fine for something out of my control.

They dismissed this and said £40 fine still outstanding.

To get them off my back I rang to pay this.

Just as she accepted the payment she says, "oh, theres £80 outstanding from 2011, do you want to pay that?".

I told her to stick it and come scrap the car.

 

This morning the letter has come through from Collectica wanting £80 or they will come and clamp the car.

Ha, they can clamp it for me, stops any pikeys stealing it off the drive!!

 

But on a serious note, how far can they take this.

 

I begrudge paying it as in 2011 the DVLA said the matter was dealt with although no proof of this.

 

Im going to look through my old paperwork and see when the sorn was actually decalred that year.

My main question is, out of the hundreds of thousands of cars that are on the road illegally, why the hell are they spending so much time chasing me for NOT using my car and keeping it on my drive. Im such a criminal.

rant over, any help on the matter very much appreciated

 

Steve

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See if you can find the paperwork first for 2011. Your position will be stronger if you can prove that you have always made the declarations until your move.

 

They will always go for an easy target, but should not be targeting usually law-abiding citizens, and I can give you some House of Lords stuff on that. I got taken to Court over a car tax issue, and the barrister dropped it before we saw the Judge.

 

What you will have to try and do is get it referred back from Collectica to DVLA.

 

I agree with you. It's a matter of principle.

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Right, ive got electronic copies of the SORN for 2006,2007,2008,2009 and 2010 and a hard copy of 2011 (the year they are complaining about). There is a month gap from the 2010 SORN ending and the 2011 one starting but seriously, an £80 fine has no justification here surely?

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And that was presumably when you were in the process of moving house?

 

Yeah. I'm all ready to compose a letter to dvla but can't help thinking it will fall on deaf ears. If only there was a common sense department I could contact instead of the incessant jobsworth department!!!

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http://www.publications.parliament.uk/pa/ld200203/ldhansrd/vo031114/text/31114-01.htm

 

 

You'll have to lift from this. My issue was about a tax disc. My main quotes were:

 

Lord Davies of Oldham

 

The draftregulations will have no effect on law-abiding citizens who license theirvehicles on time and are also not intended to catch those who may, throughoversight or difficulty, buy their tax discs a day or two late.

 

Of course, under the newarrangements, we will make clear exactly what the liability is. After all, this drive is to protect theinterests of the law-abiding majority in the country who pay their vehicletaxes properly. I am sure that the whole House recognises that it is hightime that we drove down the numbers of those who deliberately evade vehicleexcise duty. That is the main thrust of today's regulations.

 

I can reassure the House that the new obligations will be given fullpublicity. It is not in our interests for people to fall foul of the law whenthey have no intention to do so. However, it is very much in the country'sinterests that those who deliberately set out to evade payment are pursuedrigorously.

 

 

 

Viscount Simons

 

 

 

I am pleased that my noble friend referred to theobligations under the VehicleExcise and Registration Act 1994. Some people still think that they have 14days' grace after the VED has expired and continue to use their vehicles. The DVLA must ensure that there is noconfusion about the new system.

 

 

 

The innocent motoristmust not and cannot be the scapegoat for the law breaker.

 

I think the main points are that your SORN records show that for years you have always made the declaration, and that the only month you missed was when you were moving.

 

They would not back down on this so I went to Court and told their barrister what I had and he said they would drop it. He got the point. The idiots I was corresponding with were jobsworths who just didn't get what I was saying and flatly refused to cancel the penalty.

 

DD

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