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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 
    • That doesn't look like clacton ... Former Brexit Party leader Nigel Farage buys coastal home in Lydd-on-Sea WWW.KENTONLINE.CO.UK Former Brexit Party leader Nigel Farage bought a coastal home in the county, it has been reported.  
    • It's not a private road.  It's a small public street (with Resi houses) that leads into and from public road/ highway. The garages have land in front of the doors.  Then there's a yellow line. So there's a clear marker on what is private and what is public.  These people keep parking on the private land side
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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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I owe legal costs- Judgement Creditor charging daily interest.


Dookist
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I've asked for some more knowledgeable members of the site team to advise you Dookist. Can you summarise your reasons for applying for a set aside please.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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Hi Caro…

 

A Judgement was made against me for a Final Charging Order (Form K Restriction).

 

More than 30 days after the Order was made, the Judgement Creditor made an application to the Court on N244 to vary the Order.

 

A variation of an Order can only be made through the Appeal Procedure and there is usually a 14 day time restriction, CPR 28 r 4.2(2), especially as the JC was at the hearing, CPR 28 r 4.3(2), so could have made a request to vary at that time.

 

I believe also that it is difficult to vary an Order once it has been made, unless there are very good reasons for doing so, such as there being a material change of circumstances since the Order was made, or where the facts on which the original decision was made were misstated (CPR 3.1(7)), neither of which apply.

 

However, the DJ awarded the JC a new modified Order… no idea why as the Court does not have the jurisdiction to vary its' original order once it has been sealed (other than through an appeal) & so the new order is (or so I have been told) unenforceable due to it being illegal at its' formation.

 

I would appreciate any views, please.

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They're not appealing though, just applying to amend the wording of an Order.

 

Why would a Judgement Order need amending/correcting?

 

Does a Judge even have the right to revisit his own Judgement after it has been sealed?

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Generally, under CPR 1 and CPR 3 a Judge can do pretty much whatever he/she wants.

 

CPR 73.9 allows a Charging Order to be varied upon application to the Court but not sure this should be used to vary the wording of a Restriction.

 

Can you refresh my memory on the exact wording of the amended Restriction?

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Hi Ganymede…

 

You are probably aware of the wording of a standard form K restriction which states that notice of disposition must be given to the creditor on the sale of the property…?

 

The modified wording is that 14 days notice must be given prior to disposition…

 

So it's more like a caution.

 

I suppose it doesn't make that much difference, really… I am just annoyed that they didn't give me a chance to make any submissions at court.

 

Everyone has the right to a fair hearing… or so we are led to believe, but much of the time this is far from the truth...

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  • 7 months later...

Hello all!!

 

Just wondering if I am unique in having TWO charging orders (a standard form K restriction and a modified restriction) for a single debt?

 

I would be very interested in hearing from anyone else in this situation, please…we can compare notes!

 

Is this a new thing?

 

Dookie.

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Can you tell us some more then please, because you've posted in the benefits forum. Who is your debt with?

 

HB

 

Sorry, HB… I didn't mean to post in the benefits forum… Would you be able to move this to the relevant forum, please? (I have trouble finding the "Post New Thread" button as it doesn't show up on my computer for some reason).

 

I have to pay legal costs of £25,000, which have been secured first by a Standard form K Charging order, then as soon as the Order was made, the JC straightaway made a Without Notice application for a modified CO. The modified version does not replace the original CO, as that was ordered to continue. I am wondering if there are others out there who have had a similar thing happen to them, as I have trawled the web without success. I seem to be unique!

 

I don't really understand why the JC needed the additional CO, or the Court's decision to allow the hearing to and grant the order in my absence and that of the joint mortgagee.. I thought that Without Notice applications were only allowed in exceptional circumstances… there was hardly any urgency as the JC already has security by way of the CO.

 

Dookie.

Edited by Dookist
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Just keep to your thread Dookist..instead of starting a new thread for every new question/development of the same problem.

 

Regards

 

Andy

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  • 2 years later...

Oooh nooo...

Sorry...I think I've posted on the wrong thread... I was looking for help filling in a form N260, please... (for a summary costs hearing)...

I hope someone can re direct me to a suitable thread.

Mant thanks, Dookist

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Back in the room... it's been a long and very stressful time!

 

Just to update... the court finally awarded a judgment against the person who caused my sale to collapse.

 

There will be a hearing in March and court directions state that I must provide a detailed statement of costs...

 

I've looked at form N260, but can't understand it... it seems to be for solicitors who log every item by the minute.

 

I haven't kept a record of the time spent on the proceedings over the past 18 months, when I issued a fresh claim.

 

Stupid, I know, as now I can't remember how long I took on each item.

Probably too long... I spent 8 hours Googling N260 yesterday to see if I could find any examples...

 

I was wondering if I should write to the court, telling them that I am unable to provide a detailed statement, and whether or not they could assess my costs on the amount of hearings that I attended and preparation for each of them...

 

Any help would be very much appreciated...

 

Thank you, Dookist.

Edited by dx100uk
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