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    • writing only not email ...end of.. does she want to keep the car?
    • Having another go now. Here is my thoughts on approach with the defence while I edit the WS. Focused around proof of service of CCA required paperwork, referring to s136 and s196 Law of Property Act 1925, and this section (my highlights) "Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned through the post-office undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered." Having a photocopied letter only in exhibits is not proof it was serviced. Strict proof? Proof of postage/receipt? Or, am I missing the point with the above please? And somehow arguing the agreement looks smelly.. like I could have typed it up myself. - not sure how this can be argued correctly, but it's just a piece of paper with my name on it, I think having a judge decide is a perfectly reasonable thing for a person to do if they don't think it's right. As it's my first court case and potentially many to come, I'm keen to experience it (or one of the first ones), I can afford to argue this one in court. I will also benefit from seeing this through for future decisions I will have to make.. rock and hard place With all of that said, and taking dx's advice, I'll TO if attractive and maybe do court on future ones that have a greater chance at success.
    • Back in 2019 this forum helped me to get free of Payplan and through some CCA letters dispense with a number of old debts. One related to a Barclays Overdraft from the early 00s, last payment through PayPlan was 04 June 2019. I have informed Drydens in both May 2019 and June 2023 of change of address. No letters beyond a confirmation of the change and a request for finanical details, which ive ignored. Today ive just received 2 letters from them that look like notice of assignment, or confirmation of appointment letters - along with the usual requests for payment and mild threats of further action. What i was wanting to know is do i just ignore these as per usual? I know that i cant CCA an overdraft debt but what is the usual "plan" for dealing with old overdraft debts? Am i trying to run the clock down until June 2025 when it becomes statue barred?
    • put selling and dca's and a very rare chance of a court claim out your mind. months/years if at all. but never ignore a letter of claim. as for the rest, to be frank you are now in the knowledge/research stage. a day.  
    • Upcoming changes to DRO rules The rules to qualify for are DRO are changing on 28 June 2024. From this date, the maximum level of debt you can have for a DRO will increase from £30,000 to £50,000. Another change on the same date will mean you may qualify for a DRO if you have a vehicle worth less than £4,000 (the current limit is £2,000).   Debt Relief Order Unit Insolvency Service Phone: 0300 678 0015 Email: [email protected] Individual Insolvency Register www.insolvencydirect.bis.gov.uk/eiir/ Insolvency Service www.gov.uk/government/organisations/insolvency-service   .   .  
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Road tax refund


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Hello all. I am in need of good advise.

I sold my car on 09/01/2015 with tax until end of April left on the car, which would mean I don't get January back.

But should get feb/ march/April back. Wrong because dvla have told me that because they did,nt receive the signed v5 back until 02/02/2015

I only get two months back. How wrong is this,

Now I know they would of received the v5 back we'll before the end of January because I posted it in good time. But because I did,nt send it recorded delivery,I have no proof.

What really makes me angry is the fact that the new owner set up a direct debit for paying the road tax in January. So in short,I feel that it is legalised theft for them to keep road tax for febuary twice,

I have complained to the refund section, and have now complained to the next stage,and basically my next stage is to go to the chief executive

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Wish i knew if i would win .if i did i would take them to court.hoping someone on hear can give me the answers and facts as the dvla should.nt be allowed to get away with this

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morally it is theft. legally it isnt. its another money making con from the dvla.

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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The refund is automatically given from the start of the month AFTER the dvla receive the completed V5 notifying them of the sale of the vehicle.

 

The new owner is expected to tax the vehicle from the start of the month they purchase it.

 

This means that the DVLA collects two lots of tax for the month where ownership is transferred. This is a 'nice little earner' for the government, and is effectively a 'tax' on vehicle sales.

 

This is not a new thing, it was the same under the old paper disc too. Sellers would try to sell near the end of the month and buyers preferred to buy at the start of the month, to maximise the length of time you could actually 'use' the tax.

 

Ideally, the system should also refund automatically if a new owner starts to pay for tax for the same vehicle, but it doesn't, because that would reduce the amount of money DVLA make from people who notify them late, and it gives an incentive for them to say the form was received on the 1st/2nd/3rd of the next month.

 

In short, there is nothing you can do about the double tax for January, that is 'built in' to the system.

You can always complain about February and the alleged late receipt of the V5, but without any proof of postage from yourself it will be almost impossible to get them to admit to any mistake.

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I don't care about January,it has always been the month you sell.someone looses, it's like if I decided to take my motorbike out of the shed today and tax it. I would loose from the start of this month. I know this, I know exactly how it is, but really,. New owner pays road tax the following month and the old owner does,nt get it bac because the dvla are behind and have processed it late

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That's why proof of postage/receipt is so important when dealing with any governmental organisation, and especially where money is concerned, because you can bet that someone will either try to get one over on you or cover their ass.

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