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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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Idrww - Left UAE 2013 with a loan-Claim Form Received


SquaddyP
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Yes it was horrendous 

 

i did did not have the skills or knowledge to articulate my side really

 

i stood on oath and went over my finances so the judge could give a monthly amount for me to pay back 

 

I now have a hearing for costs (the appealed) and SO to respond to 

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The land Registry wont let them place a normal charging order if both of you are registered owners/joint mortgage...it will be a restriction K

We could do with some help from you.

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I’ve never complained or responded to anything I’ve felt was out of order 

 

 I’ve shared documents and never moaned or commented about ill advice that’s been given 

 

so if  by all 3 you include me then not sure why you would

 

But it’s like People can’t ask questions without being attacked on here, which is my own opinion. 

 

I agree, sometimes the advice is very good. And sometimes it comes across as sarcastic - again my own view 

 

 

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in all 3 cases we were not a party too nor were ever consulted to advise upon the proposed defences.

they never posted here before or after submission

post 70 of your thread clearly paints the story.

 

all fell into the trap that was by a poster that came here saying never post anything...….did their paid for job IMHO when I reality the fleecers see it 24hrs after submitting it via MCOL anyway.

 

dx

 

 

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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  • 2 months later...
  • 9 months later...
18 minutes ago, SquaddyP said:

I objected and won. Twice. 
 

 

 

Really what do you mean by Won....?   So what happened to the CCJs in connection to the Interim Charging orders ?

 

https://www.nationaldebtline.org/EW/factsheets/PDFs/countycourtchargingorders.pdf

We could do with some help from you.

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Sorry maybe won isn’t the correct term?  

I had the CO declined from the court.

They Appealed.

It was declined a second time.

 

I pay the CCJ monthly.  

There is no CO on my house.    

Had they won the CO I know their next step would have been bankrupt order (not sure the terminology) 

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Very lucky...and very rare......you must have had fantastic reasons as to why it shouldn't be placed.

 

The next stage of enforcing a charging order....is Forced sale not Bankruptcy...and force sales in court you can count them on  one hand in the last 5 years.

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cant see one post here where anyone ever said to ignore letters of claim or court claimforms.????

 

the major issue is mostly all of the CWD claim threads here contain months of no updates

whereby the OP's went away and did their own things, despite never taking the correct advice.

 

choosing to sadly following the backdoor advice from a member that came here advising not to ever post up any documents and not tell us anything ever.

 

for those reasons cag is not to blame and i seriously doubt had cag been kept informed and not kept in the dark, every case would have turned out very differently.

 

sadly following the advice from planted members and patsy's from the opposition won the day and probably lined their pockets with more money through backhanders to allow these things to happen.

 

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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Honestly. You are passive aggressive and actually in my view, of no help. All you do is make sarcastic comments.  You won’t accept if anyone challenges yours advice. Even people who have been through this.  Anyone who loses is accused of not posting everything, not following your advise. Or being a patsy (whatever that is) 
 

I was advised In court by the barrister not to post specific names dates etc as this site is monitored. I was then as part of CWD expenses charged for them monitoring this site. I have their claims if anyone wants to question. 
 

my advice is do your own research. I contacted local universities for law students needing “clients and case studies” I contacted citizens advice and I also contacted a law firm in Lincolnshire who said it was always 50/50 either way.  
 

so anyone saying, Ignore, Post everything on here, Follow our advice,  is in my opinion clueless. (Just my opinion) as true advice would state, we don’t know, it’s difficult to say, try this... etc. 

 

My Best advice is- “not sure I can only state what I have been through”  

 

just saying 

 

 

 

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With all due respect dx I dont believe that posters are patsys. I'm certainly not..you have seen every bit of paperwork I've ever received from CWD.

 

To blame us for following advice is unreasonable and if you look back to my first ever post you will see that I was told dont worry you will never have to pay a penny! 

 

CWD are not uk **** debt collectors they know exactly what they are doing and they get away with it and the courts believe them as they masquerade as solicitors! 

 

I consulted with a solicitor and he didnt want to take them on as he had heard of them.

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2 hours ago, SquaddyP said:

  Real reasons. A family, child at school still. Not missed a payment. The debt was not proportional to secure to a house and would be paid within 3 years 

 

Yes thats a reason that it would be rejected...I didnt mean to be flippant when stating fantastic reasons Squaddy I should have said worthy and genuine.

 

Andy

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On 15/09/2020 at 17:29, SquaddyP said:

It was declined a second time. I pay the CCJ monthly.

 

What makes you think it won't be declined a third time?

If it is, depending on how much you are paying each month and how long those payments would last until you repaid the debt, you could consider an Individual Voluntary Arrangement.

 

Assuming you have equity in your property;

It's a form of insolvency which would prevent a further interim order application or bankruptcy petition and leave the debt unsecured. It would also protect your equity.

 

You would need to make payments of £60 - £100 per month for six years.

Then all (caveats) of your unsecured debt will be written off, it could work out cheaper then paying the debt.

 

There are conditions which you and your creditors would have to meet for the IVA to be implemented.

So no guarantee you will get one. 

 

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please be very careful of IVA's

most simply line the provider's pockets with your money in monthly fees... very little actually goes off the actual debts the IVA is supposed to service .

 

most IVA's through one reason or another Fail and you find the few £'s a month that did filter through to your creditors in The IVA has simple run the those debts SB dates to infinity.

 

a good trick if you do have registered CCJ's ( very worthy to check credit files or trustonline sites esp with UAE debts that a CCJ is THERE!!) bung in an N245 to vary the judgement, then things cant ever escalate further.

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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6 hours ago, dx100uk said:

please be very careful of IVA's

 

Agreed, seek full debt advice from a regulated debt adviser before applying for any type of insolvency.

 

Do you know of statistics that prove "most IVA's through one reason or another Fail"?

Edited by Will Goodfellow
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