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    • HI DX Yes check it every month , after I reinstated the second DD I was checking every week. Also checked my bank statements and each payment has cleared. When responding to the court claim does it need to be in spefic terms ? Or laid out in a certain format? Or is it just a case of putting down in writing how I have expained it on CAG?
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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 
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Court action twice for same debt


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Hi there

 

I have a question for a colleague of mine.

 

They were served court papers earlier this year for an amount of just shy £7,000. They had been paying in instalments to clear this debt and the company jumped the gun in issuing papers. Once contacted they agreed that as it was being paid they would settle the claim and not to worry just keep paying.

 

He heard nothing further until he missed a payment - he restarted the following payment (but is in effect still one payment behind) and now the company have again sent court papers for the full amount outstanding (now just shy of £4k)

 

My question is as the original claim was marked as settled can they reissue another claim? It's obviously for a different amount but is made up of things from the previous claim.

 

I have double checked and they are not enforcing any old order it's definitely a new claim and the old definitely marked as settled.

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I will move your thread to the Legal Issues forums, where those with more knowledge will see it :) Probably later on today as most of them have day jobs.

 

Can you let us know the date of issue of the claim form - you will find this at the top right hand corner of the claim form.

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4: Staying Calm About Debt  Read Here

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1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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and name names please

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thomas Higgins will be the Solicitor, who is the Claimant ?

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Uploading documents to CAG ** Instructions **

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Ok, well there is a timeline that needs to be adhered to.

 

Issue date 12th June + 5 days for service = 17 June + 14 days to acknowledge = 1st July + 14 days to submit defence = 15 July.

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Uploading documents to CAG ** Instructions **

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Ok, well there is a timeline that needs to be adhered to.

 

Issue date 12th June + 5 days for service = 17 June + 14 days to acknowledge = 1st July + 14 days to submit defence = 15 July.

 

can the defence be that this has already been "settled"? Just not sure how it works

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I am not quite sure what you mean by "settled".

 

Was the original claim discontinued ? Had a defence already been submitted to the court ?

 

If they are bringing a similar claim, then it is my understanding they cant do that. We really need more information.

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi andie_303,

 

There is actually no such thing as a claim being marked "settled". The claim can either be discontinued by the claimant, dismissed by the court, or it can be "stayed" which means put on hold.

 

Where the two sides reach agreement on repayment, it is common to enter into a "Tomlin Order" which basically approves a settlement agreed between the parties and provides that the claim has been put on hold ... however either party can bring the claim back to life if the settlement terms are not complied with.

 

Whether the company is entitled to bring a fresh for the full amount because he missed a single payment will depend on the terms of the settlement order. There will be a formal court document setting out what happened to the claim, we need to know what that document says to be able to advise further.

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This is my understanding of the situation.

 

A claim was issued at the beginning of the year, as there was an instalment plan in place then the claim was discontinued. I am not sure there is anything that deals with "settled" !

 

If your friend had not submitted a defence, then I would think that a new claim could be issued.

 

It is a proper claim that has been issued, is it ? With a court stamp ?

 

We really need to know - what is the debt for - who is the claimant. I am sure that Thomas Higgins is a Solicitor and would not be able to bring a claim in their own name.

 

If only one payment has been missed, then I am absolutely astonished that they have issued a claim. The more information you can provide the better we will be able to advise.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I will leave you in the hands of steampowered who is far more knowledgeable than I am.

 

:)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi andie_303,

 

There is actually no such thing as a claim being marked "settled". The claim can either be discontinued by the claimant, dismissed by the court, or it can be "stayed" which means put on hold.

 

Where the two sides reach agreement on repayment, it is common to enter into a "Tomlin Order" which basically approves a settlement agreed between the parties and provides that the claim has been put on hold ... however either party can bring the claim back to life if the settlement terms are not complied with.

 

Whether the company is entitled to bring a fresh for the full amount because he missed a single payment will depend on the terms of the settlement order. There will be a formal court document setting out what happened to the claim, we need to know what that document says to be able to advise further.

 

Hi there,

 

thank you for your help sorry I was just using the terminology in a letter so I may be confused - they have written "we will discontinue which will settle the action" - this is where I have picked up the term settle.

 

There was no settlement order nor do I believe a defence was filed - I believe the discontinuance happened within the time period for the defence to be filed.

 

sorry if i'm not being much help but hopefully this clarifies things a little

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Having done some internet exploring it seems that as they discontinued before he filed a defence they are entitled to claim again - he is paying it off at quite a speedy rate (over 1K a month) but is worried about the CCJ - and they have indicated they will not discontinue a 2nd time.

 

If I'm correct in thinking (which probably isn't) if he acknowledges and makes a payment plan he would still have a CCJ?

 

What if he we to say he would defend and pay it off before a court date happens? Could he then ask the company to discontinue again?

 

It's not the paying of the debt he is disputing as he is paying it but doesn't obviously want a CCJ.

 

Thanks again all x

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Propose a Tomlin Order or submit a defence..Im sure the court would be unimpressed with the claimant for issuing a summons on one months missed payment. By the time trial comes to fruition he will have paid it at the rate you describe.

 

Regards

 

Andy

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Propose a Tomlin Order or submit a defence..Im sure the court would be unimpressed with the claimant for issuing a summons on one months missed payment. By the time trial comes to fruition he will have paid it at the rate you describe.

 

Regards

 

Andy

 

thanks Andy, I've looked up a Tomlin Order and as he is paying that seems a good idea - can i just double check will a Tomlin Order avoid a CCJ as long as he sticks to the order?

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