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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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    • 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.
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Please help just had a high court enforcement officer at door my heart is pounding.. **Stay Granted**


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That could explain it. Payments should reach the Creditor in cleared funds before or on the date they are due. Best way round this is to instigate payment a week before it is due preferably by Standing Order, when the date falls on a Saturday or Sunday then it is better to have payment made for the prior Friday - that way there can be no mistake or hassles.

 

As he has paid late once that is enough to say that the payment schedule you have is now null & void and that is why you have had the visit. I would hazard a guess your Creditor was never happy with the £50 a month and has seen this as an opportunity to get even. Two can play at this game though.

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I think what you should do now is apply for a Stay of Execution which if granted will halt any further enforcement & charges providing you maintain the terms under which it is granted. To apply for the Stay you will need Form N244 - which I believe you already have. The Form itself is generally easy to fill in and I do have a guide to help - unfortunately it is on another computer which I can't get to until the morning.

 

You may apply for the Stay on the following grounds:

i - you cannot afford the fees demanded

ii - you already have an Instalment Order in place

iii - the Enforcement Officer has already threatened to force entry to remove goods

 

Once the form is filled in it is better taken in person to Court. This must be the High Court in London or a County Court that acts as a District Registry of the High Court - details of which Court to use is quite simple, go to https://courttribunalfinder.service.gov.uk/ and put your postcode in the box provided, then where it says Area of Law click on the down arrow & choose High Court, then press Search. You will be provided with a choice of Courts to use and I have found that generally the bigger Courts are usually best t use as they are used to seeing these applications.

 

As I say take it in person - preferably when the Court opens, explain the urgency of the application and in the majority of cases a Judge may be found who will hear & and make a decision on the spot, often temporarily pending a fuller hearing.

 

In the meantime the Enforcement Officer has no automatic right to enter your home regardless of what he may think, do or say although they may enter any detached buildings you may have - garage, worksop etc. If your OH has separate business premises then he may force entry there. Keep any vehicles out of the way or any goods of value that may be outside.

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Can i suggest you sleep on it for now, and start on it fresh tomorrow? Save any mistakes?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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thank you Ploddertom & Renegadeimp ,ive managed to get a couple of hours sleep,my husband has done the form but cant get to court till monday just hoping they dont come back till after that,

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Hi

 

yesterday 25.03.14 we took all the paperwork down a copy of the original court order plus bank statements showing all the payments we have made to the company and showing we havn't missed any payments plus the paperwork from the hceo we recieved through the door, we have paid the £80 court fees we have to ring back in the morning at 10 we wanted to wait but she didnt know when there would be a judge available to look at the paperwork, so we have to just wait now and hopefully it will all go in are favour..

 

so we have rang the courts this morning 26.03.14 to be told we have a 10 min hearing and will receive the paperwork through the post also the hceo have been notified by the courts too so hopefully no more visits till we see what happens in court

im just waiting now to hopefully go back to normal and sit without worrying if theres a knock at the door or if i go out what im going find when i get back scary couple of days..

my husband has never disputed the debt we have paid it for 6 months without missing any just januarys was a week late and all this worry..

 

thanks to everybody that has helped me with the good advice

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The hceo wont call if the courts tell them not to. They arent like civil bailiffs like council tax ones.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi

 

yesterday 25.03.14 we took all the paperwork down a copy of the original court order plus bank statements showing all the payments we have made to the company and showing we havn't missed any payments plus the paperwork from the hceo we recieved through the door, we have paid the £80 court fees we have to ring back in the morning at 10 we wanted to wait but she didnt know when there would be a judge available to look at the paperwork, so we have to just wait now and hopefully it will all go in are favour..

 

so we have rang the courts this morning 26.03.14 to be told we have a 10 min hearing and will receive the paperwork through the post also the hceo have been notified by the courts too so hopefully no more visits till we see what happens in court

im just waiting now to hopefully go back to normal and sit without worrying if theres a knock at the door or if i go out what im going find when i get back scary couple of days..

my husband has never disputed the debt we have paid it for 6 months without missing any just januarys was a week late and all this worry..

 

thanks to everybody that has helped me with the good advice

 

It appears an interim stay has been put in place until such time as the hearing takes place....you can relax for a while and gather together everything you need to support your application. I understand PT has been helping you with this, so you are in good hands smile.gif.

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  • 2 weeks later...

finally received paperwork from courts yesterday 17.04.14

 

1.exucution of the writ is stayed whilstever the defendant pays the instalments of £50.00 per month

 

I am so very pleased this is all over thank you all very much for all your help and advise im so very grateful

 

Dishi

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