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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
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    • 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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Paul V's Abbey


firefly1975
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Hi all... Havent had a chance to check the forum in the last couple of weeks.

 

Thanks dozerblue.. Good luck to you as well.

 

 

 

Ok, So abbey had untill the 30th april to submit details of when i was overdrawn.

Easy enough info (and non-incriminating) to come up, but as some of you said, when i phoned the court today abbey have failed to submit anything as yet.

 

The court told me i should fill out a request for judgement asap (a much more helpful and supportive clerk than the one i spoke to before).

 

I have friday afternoon off so intend to submit my request for judgement then.

 

 

A couple of questions.

 

Anyone with experience of requesting a judgement... How long does it normally take to get a decision and then if in my favour how long will abbey have to pay me?

 

Also when i make the request i must add interest since filing my claim and the £100 for my aq.

 

Is it also possible to claim any costs... eg. the 10 odd recorded letters, paper, time, the 3 half days i have taken from work etc etc ?

 

Or do i now settle for the claim plus interest without costs ?

 

Thanks guys/gals

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Just come across another matter that slightly worries me...

 

Whilst looking through my figures for the judgement request, I noticed that the formula i took from this site to work out the daily rate of interest doesnt actually tally up with the amount that the spreadsheet (also from this site) has added per day since the date of issue.

 

the amount on the spreadsheet is some 8p per day less than the figure placed on the claim form.

 

I will of course be using the spreadsheet figure as i will supply an upto date schedule with the request for judgement.

 

Is this a problem... could my claim be quashed on this?

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  • 3 weeks later...

New Update.

 

I filed a request for judgement on 4th may at the local court.

 

Today (24th may) i received the following from the judge:

 

 

 

To the Defendant

 

You have not replied to the claim form.

 

It is therefore ordered that you must pay the claimant £****.** for debt (and interest to date of judgement) and £###.## for costs.

 

You must pay the claimant a total of £####.## by 14 May 2007

 

 

 

 

What should i do now?

 

Little confused as to the payment date being before i received this letter.

 

Also the clerk said not to get too excited just yet as they could apply to have the judgement set aside ??

 

Should i allow them time to respond?

Should i contact them? if so who?

Should i just go ahead and seek a warrant of execution now ?

 

Thanks for all your help so far

 

Paul

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get the execution in its been over a week

Abbey £4340.59 *WON* Jan 07

 

Abbey II MCOL 31/03/07 £8800.00

 

Please note..I AM NOT AN EXPERT ANYTHING WHAT I POST IS PURELY MY OPINION AND MAY BE WRONG IT IS JUST BASED ON MY UNDERSTANDING OR EXPERIENCE

 

Read my latest claim its a fast track potentially

http://www.consumeractiongroup.co.uk/forum/abbey-bank/61406-noobrider-abbey-take-2-a.html?highlight=noobrider

 

read my first claim which includes attending a directions hearing in court

http://www.consumeractiongroup.co.uk/forum/abbey-bank/10576-noobrider-abbey.html?highlight=noobrider

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get the execution in its been over a week

Your right of course, however from when i spoke to the court i got the impression that they were sent the judgement at the same time as they sent it to me as such abbey would have only received it today or yesterday as well

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Hi Firefly

 

You asked for timescales...

 

I got judgement at N1 stage, Abbey didn't acknowledge (they should have by 16 April) on 18 April I filed for judgement in default saying I wanted the cash by 7th May, then it all went quiet,

I got the Judgement for claimant on 30th April and then I got a copy of Abbey's defence (from Abbey - can't remember the date but after I got the judgement order) I rang the court and they said the judgement stood and then the cheque arrived on 4th May!

 

Hope this helps!

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  • 2 weeks later...

quick update, been busy so havent had time to visit the court till today.

 

Its now 22 days past the judgement date and i havent heard a word from abbey, no letter, no email, no phonecall and definately no cheque.

 

The court were very surprised that abbey hadnt paid or applied to have it set aside or contacted me in anyway.

 

so i filed my warrant of execution.

 

no idea what happens now or how long it will take.

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oooo that is exciting, i think that the baliffs will contact you and ask what branch you want them to go to, personally i would have it at my local branch and pop along with certain members of the press and pBC and Sky and watch all the fun :D

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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The Warrant would be issued to triton square as thats where all contact has been directed and was the address on the claim.

 

Really dont know anything about what happens now, I assume the court will contact them giving them a final deadline before the bailiffs are sent

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The warrant will be issued to wherever the claimant wants it to be executed because the baliffs will ask

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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I assumed it would be issued to the address on the warrant form (triton square), not really bothered where, just the result concerns me.

 

From reading the court literature i'm of the impression that they will have another chance to pay now anyway, so i would doubt it would come to the bailiffs anyway... Though i may well be wrong

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Today i recieved a cheque for the full amount :D

 

However, this was sent before i filed my warrant, as such i am down £55.

 

Is this possible to reclaim, or will the court refund it when i contact them to let them know its been paid?

 

Also, should i let the court know now or wait till the cheque has cleared?

 

Cheers

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