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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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Thanks Andy.

 

I don't want to be facing extra costs if I can help it and the court papers say that I can defend later than the initial 14 days or even at the hearing but I may be charged court costs for the delay. I'm still deciding what to do for the best.

 

However, if I complete the defence form, how much information do I have to give regarding my defence and counterclaim? There's not much space on the form to put in my full defence and claim. Can I just put a few words (eg: Landlord in breach of ****) and then explain fully at the hearing?

 

One more thing, this should be thrown out on just the Section 8 being on the wrong form so could I just put this as my defence but if the judge disagrees at the hearing can I then put forward my counterclaim?

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Attach a separate sheet

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Thanks and what about this?:-

 

"One more thing, this should be thrown out on just the Section 8 being on the wrong form so could I just put this as my defence but if the judge disagrees at the hearing can I then put forward my counterclaim?"

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  • 3 weeks later...

All evidence and statements must be submitted/served at least 7 days pre hearing....you cant ambush another party in litigation

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Hi Andy, I'm sorry I don't understand.

The defence form notes say that the court will accept defence at any time before or even at the hearing and I have heard of tenants not submitting their defence before the hearing but just turning up at court on the day.

 

it seems acceptable to the courts to defend on the day but I was just wondering if I can defend verbally or do I still have to submit the defence form at the hearing for my defence to be considered?

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Okay if that what it states.....not normal procedure in money claims.

 

I would expect it would be better to draft a defence than try to remember it mentally on the day

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Its your choice.... for the sake of spending an hour or so drafting it out logically and presenting it professionally and also if you are relying on any evidence...(documents) you cant present them " orally "

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  • 1 year later...

In a nutshell, I have not managed to disclose all my documents by the date required (due to ill health) so the claimant is now threatening to apply to strike out my counterclaim.

 

Where does this leave me? Is it worth disclosing the remaining documents or not?

 

If the strike out is successful, will I be able to appeal or will I get a CCJ automatically?

 

This is is a fast track claim and I am representing myself.

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what the claim all about please...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Threads merged to existing thread..please do not start new threads on the same issue.

 

Regards

 

Andy

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How is the claimant threatening ? Have they made an application to strike out ?

 

What date should you have exchanged statements/ made disclosure ?

 

Andy

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Disclosure should have been made 24th December and I have disclosed a lump of docs but now their solicitor has emailed to say they will be seeking instruction to apply to strike out because I have not met the disclosure deadline.

Edited by dx100uk
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I assume you have retained proof you have disclosed by date....?

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have you got the documents referred to?

If so send them to court and the claimant (sols).

 

the application to strike out would apply to your counterclaim so there would still need to be a hearing regarding the origianl claim for rent arrears.

It is unlikely a judge would summarily strike out your counterclaim when you have served some of the paperwork.

 

It may be that they decide anything else becomes inadmissible so hopefully you have provided enough to show a cause, even if you havent handed over everything.

 

I also note that the sols say they are seeking an instruction to APPLY for a strike out.

That will not be forthcoming if the court decides it wants the full £255 fee if it appears to them that you ahve tried to comply with an order.

Your ex-LL wont want to chuck that money away at this stage.

 

Block their emails so they bounce back.

That way they ahve to use pen and paper and everything will either go to the court as well or it doesnt exist

Edited by dx100uk
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Which documents do you mean by "have you got the documents referred to?".......the ones that I have already sent or the ones I haven't yet sent?

 

If the Sols make an application, do I have chance to appeal on the grounds that I have sent a disclosure list but due to ill health I've been incapable of sending them all by the deadline?

 

If the Sols make the application and win, do they get the £225 fee back? If so, I guess they will risk it.

Edited by dx100uk
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I can instruct my doc to sit

if it does is a totally diff matter.

 

this is fast track, so what date is the hearing?

 

you need to bring us upto speed on what has happened since sept 2017 to yesterday

not just a random question.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ha ha yes I know, none of us have a crystal ball but I was just thinking along the lines of "what if"!

 

All that's happened since Sept 2017 is that LL got his possession order but the judge allowed me to defend and counterclaim the Section 8.

 

Now the fast track hearing is set for April.

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just type no need to hit reply with quotes we know what we have said...

 

 

so who dictated the docs must be exchanged so far ahead of the hearing, the judges orders and when?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 weeks later...

Ok, so the claimant has applied to have my counterclaim struck out and the court has granted them a hearing for this.

 

I have received a “Notice of hearing of Application”. So because it doesn’t state “Summons” do I have to attend this hearing?

 

A previous application for strike out made by the Claimant also had a hearing which I attended but was not called into the court room for some reason so, even though I was there and booked in by the Usher, it was on record as non-attendance, even though the Claimants advocate was aware I attended. However, no black mark went against me for allegedly not turning up and the Strike Out was dismissed. This was before any trial date was set for the counterclaim.

 

I understand that not attending this next hearing could go against me but would the Court accept a written statement from me to defend the strike out application?

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