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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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      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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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SLH542000 v Morgan Stanley


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thanks for the inputs noomill. I'll see what comes of my refusal of their payment (which was partly because of conditions attached, and partly casue they didn't "recognise" my interest!).

 

Has anyone actually won contractural interest of Morgan Stanley?

Lloyds

19-10-06- S.A.R Letter

Prelim 20-11-06 £10,492

LBA - 2/12/06

Cap 1

19-10-06 - S.A.R Letter

Prelim 20-11-06 £1,467

LBA 2/12/06

WON-Settled in Full

AMEX

19-10-06 -S.A.R Letter.

Prelim - 20-11-06 £697

LBA - 2/12/06

Morgan Stanley

19-10-06 - S.A.R Letter

Prelm 20-11-06 £1580

23-11-06. £1076 offered.

4-12-06 - LBA

Won-£1580 14-12-06

MBNA

19-10-06 - S.A.R Letter

20-11-06 Prelim

WON-£4010

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No reply from these guys - guess I better start drafting my Letter Before Action. Shame really, I had high hopes they'd settle early!

 

Hey Ho!

Lloyds

19-10-06- S.A.R Letter

Prelim 20-11-06 £10,492

LBA - 2/12/06

Cap 1

19-10-06 - S.A.R Letter

Prelim 20-11-06 £1,467

LBA 2/12/06

WON-Settled in Full

AMEX

19-10-06 -S.A.R Letter.

Prelim - 20-11-06 £697

LBA - 2/12/06

Morgan Stanley

19-10-06 - S.A.R Letter

Prelm 20-11-06 £1580

23-11-06. £1076 offered.

4-12-06 - LBA

Won-£1580 14-12-06

MBNA

19-10-06 - S.A.R Letter

20-11-06 Prelim

WON-£4010

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Letter before Action Sent. Recorded.

 

14 days to MCOL....

 

Tick tock... tick tock....

Lloyds

19-10-06- S.A.R Letter

Prelim 20-11-06 £10,492

LBA - 2/12/06

Cap 1

19-10-06 - S.A.R Letter

Prelim 20-11-06 £1,467

LBA 2/12/06

WON-Settled in Full

AMEX

19-10-06 -S.A.R Letter.

Prelim - 20-11-06 £697

LBA - 2/12/06

Morgan Stanley

19-10-06 - S.A.R Letter

Prelm 20-11-06 £1580

23-11-06. £1076 offered.

4-12-06 - LBA

Won-£1580 14-12-06

MBNA

19-10-06 - S.A.R Letter

20-11-06 Prelim

WON-£4010

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Share on other sites

  • 2 weeks later...

Gave Morgan Stanley a courtsey call today - Gotta admit, it's funny when you call up, and get put striaght through to their payments center

 

MS: Hello Sir. Have you called to make payment on your account to bring it up to date?

 

ME: Eh, excuse me? I've called to refuse your offer of £1074 credit on my card?

 

MS: Excuse me?

 

ME: You heard. Now, run along and put me through to your Customer Liason office, as you're only a call centre operator, and couldn't possibly understand the complexities of compound contractural interest, the legality of contractual law, and it's effect on my claim.

 

MS: One second sir....

 

Ha Ha! How I laughed!

 

So, they first say they can't possibly pay contractual interest, as every payment I make first pays off the fees, then the balance second. So I say well, if you never applied the (and lets face it, they are unlawful) fees to my account, then I'd have paid off more of my balance, so therefore the principle still stands. Now, I'm filing at Northampton County Courts on monday, so I thought I'd phone to see if your willing to settle, and save Morgan Stanley even more money.

 

One second. (Pause, chats to his manager). Yes sir. We'll settle in full.

 

So I say, Full amount (£1076) PLUS interest @ 19.6% (£517.38)??

 

Yes. Full and final Settlement of this claim. But we're not in anyway admitting our fees are unlawful, just want to reslove this matter.

 

I say "yea, whatever. When can I see the cash" They say "We'll draft the offer and post it today"

 

So thats it. Done and Dusted. Just before christmas too! Hurrah!!! :)

 

One thing. If they put any conditions .... like "...this is full and final settlement, including any future claims in relation to default charges..." is it binding? Or do I have to send it back?? Anyone?

Lloyds

19-10-06- S.A.R Letter

Prelim 20-11-06 £10,492

LBA - 2/12/06

Cap 1

19-10-06 - S.A.R Letter

Prelim 20-11-06 £1,467

LBA 2/12/06

WON-Settled in Full

AMEX

19-10-06 -S.A.R Letter.

Prelim - 20-11-06 £697

LBA - 2/12/06

Morgan Stanley

19-10-06 - S.A.R Letter

Prelm 20-11-06 £1580

23-11-06. £1076 offered.

4-12-06 - LBA

Won-£1580 14-12-06

MBNA

19-10-06 - S.A.R Letter

20-11-06 Prelim

WON-£4010

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Share on other sites

 

One thing. If they put any conditions .... like "...this is full and final settlement, including any future claims in relation to default charges..." is it binding? Or do I have to send it back?? Anyone?

 

Any condition such as "in full and final settlement" is only valid and enforceable if they give you someting else in return. The clause would have to say something like:

 

"you agree that this is in full and final settlement of your claim in return for which we will give you a sack of potatoes"

 

Silly example but the sack of potatoes is (in contract law) referred to as the "consideration"'; others may call it "quid pro quo". It has to be something tangible over and above your settlement.

 

If they give you consideration then the clause is binding on you. If there's no consideration then it's not binding.

 

Pete

  • Haha 1

I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

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thats what I thought. (or, that's what I'd read somewhere else on this forum!) Just wanted clarification, and confirmation.

 

They've not offered any consideration, therefore it's not binding. so I'll sign and get me money, safe in the knowledge, if I were to incur charges at any point in the future, I can repeat my action, and reclaim! (not that I intend using my credit card anymore!!)

 

Thanks for the advice

 

Cheers

 

Steve.

Lloyds

19-10-06- S.A.R Letter

Prelim 20-11-06 £10,492

LBA - 2/12/06

Cap 1

19-10-06 - S.A.R Letter

Prelim 20-11-06 £1,467

LBA 2/12/06

WON-Settled in Full

AMEX

19-10-06 -S.A.R Letter.

Prelim - 20-11-06 £697

LBA - 2/12/06

Morgan Stanley

19-10-06 - S.A.R Letter

Prelm 20-11-06 £1580

23-11-06. £1076 offered.

4-12-06 - LBA

Won-£1580 14-12-06

MBNA

19-10-06 - S.A.R Letter

20-11-06 Prelim

WON-£4010

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Excellent news and it gave me a laugh. FFS, these muppets are almost worth it for their entertainment value!

 

I'll do the same, after re-evaluating my claim to bring the contractual interest and other expenses I have been put to, up to date.

 

Dont forget to add that you will only consider the matter settled on clearance of their cheque, otherwise in the words of P.O'Neil-

 

"The War goes on"

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I was at exactly the same point with Morgan Stanley today.........they refused to give me contractual interest of £271 but offered 8% ( £115) interest as 'would be applied ' by the Court!!!!!!!!!

Well I told them to shove it! Should I send a copy of our 'Final' offer? No save yourself the cost of the stamp was my reply......... So now they have the added £80 for Court fees and the added cost of the Ombudsman complaint.

great business sense Eh?

I'm starting to enjoy this......

 

Roscodog

"What counts is not necessarily the size of the dog in the fight; it's the size of the fight in the dog."

Dwight D. Eisenhower

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I got a similar letter roscodog- the second offer from MS-

 

They would return all unlawful fees and add the 8% interest that a court would award, but no way can we return your contractual interest.

 

Absolutely not.

 

 

No way, never! Ever-ever-ever!

 

**Karla Kenny stamps her dainty little cloven hoofs**

 

 

So like slh542000, Im going to phone on Monday and ask her if they'd like to settle before I file the court papers on Monday afternoon!

 

Here are the terms MS attached to the above offer:

 

Full and final settlement, including any future claims against MS in relation to default charges.

 

Gagging clause.

 

 

Offer open till 9 january

 

 

No claim to be made to any competant court (is there any other?!)

 

No complaint to FSA or FOS.

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/49094-noomillo6o-morgan-stanley.html

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Hi,

I posted my N1 form to Carlisle Count Court today, I'm in Scotland but have an English postal address because several of my claims are way over the Scottish £1500 Summary Cause limit.

I'm fed up getting messed around by them........far too many phone calls chasing payment........they owe me over a grand!

Time to play hard ball..........no longer will I accept their harrasment.

I'll let you know how things go.....I'm not trying to hijack this thread and will start my own

 

Roscodog

"What counts is not necessarily the size of the dog in the fight; it's the size of the fight in the dog."

Dwight D. Eisenhower

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  • 3 months later...

Hi,

 

I applied for CCI and they told me that I was mistaken and they don't pay it however, as a "good will gesture", ha ha.............they offered me the extra amount I was asking for in CCI?

 

Let them know that you have read on this site, that they are paying it, that really winds them up, lol.

 

They seem to have lost the plot!

 

Regards,

 

Dave

Vodafone - Default removed (07/01/07).

MBNA - Claim settled with contractual interest and adjusted credit file to show no late payments (12/02/07).

CABOT - Taken to Court by Cabot/Morgan over alleged credit card debt, case dismissed (06/12/10).

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No,

 

It means Compounded Contractual Interest, there are lots of threads on the site regarding CCI. Lots of people are claiming it now. Basically, if they want to fight it, they will have to do it in Court, and we all know how many of them, want to go there!

 

Dave

Vodafone - Default removed (07/01/07).

MBNA - Claim settled with contractual interest and adjusted credit file to show no late payments (12/02/07).

CABOT - Taken to Court by Cabot/Morgan over alleged credit card debt, case dismissed (06/12/10).

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Im claiming compounded and MS didnt even put in a defence!

 

All Im waiting for is the judge's decision as to whether I should get judicial interest at 8% or the 20.9% which I claimed for, and which MS didnt defend!

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Go for the contractual, please let me know how you do as I am going to take them to Court soon, any advice on what to expect, would be great thanks.

Vodafone - Default removed (07/01/07).

MBNA - Claim settled with contractual interest and adjusted credit file to show no late payments (12/02/07).

CABOT - Taken to Court by Cabot/Morgan over alleged credit card debt, case dismissed (06/12/10).

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