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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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lantern/moriarty claimform - old QQ debt.** Claim Dismissed** - now chasing again!


swt61
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hi All. Well ive scoured now the site and looked at loads of witness statements but I cant seem to get my head arround what I need to do for my case. i am completey stresssed beyond all belief. I feel i cant do this im at a tottal los 😫

 

Id hapily pay some one to help me

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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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We simply dont have time to spoon feed swt61...at least attempt and have a go and post it here for opinion.The starting point to drafting a statement is to have the claim particulars ...a copy of your initial defence.......and a copy if the claimant's statement if received in time before submitting yours.

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Good Morning all,

 

ok ive taken a day off work today to try and get this done hopefully I can finalise this today

defence 1.pdf WITNESS.pdf

 

all of my previous correspondance received from the claimants have been previously uploaded inc the cca that was the wrong one totally different agreement

 

hello again, do you think this witness statement better suits my needs

witness 2.pdf

 

Good evening anyone around to advise please 

 

I’m a bit confused as to no response has anyone actually seen my post 😩

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On 07/10/2019 at 21:07, Andyorch said:

Check with the court on the 17th Dec that the claimant has paid the hearing fee.....this is usually a good sign of how matters will proceed....if they have not paid the claim will be struck out ....demand it be struck out as per the Notice of Allocation.

 

Example Witness statement...the following is for a credit card not fixed loan as per your agreement...but it will give you an idea.

 

Witness statement Lob.pdf 137.51 kB · 9 downloads

 

Regards

 

Andy

no rush yet not due for 3 weeks

as per andyorch's information above

 

i'm sure we'll get time before then.

 

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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Hi thanks for a reply, yes I know I got a bit of time yet but it can be one thing I wipe off my list to do as I don’t get much time to be able to dou it. I can then just slowly prepare a file ready in plenty of time for the court

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The later you leave it the more chance you have of receiving the claimants statement...which you can then use as a guide to refute their main points of claim.Drafting a statement in the absence of the claimants really leaves you in no mans land because you are not aware of their main points of claim on which they will rely on...or which you must refute.

 

Also as previously advised if they dont pay the hearing fee on time and they dont file or serve a statement on you....its a good indication that they do not intend to proceed so all your work has been in vain.

 

However it is good to be prepared and have a basic statement in case they do pay and do file at the death..leaving you little time to respond and counter.I think a mixture of the two you have already prepared would be the way forward however your point 1 with regards to hearsay evidence wont come into play until you actually receive their statement and if in fact they are relying on hearsay evidence..

 

Just for information Moriarty do not attend hearings they litigate using and relying on CPR 27.9

 

Non-attendance of parties at a final hearing

27.9

(1) If a party who does not attend a final hearing–

(a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;

(b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and

(c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above,

the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim.

(2) If a claimant does not –

(a) attend the hearing; and

(b) give the notice referred to in paragraph (1),

the court may strike out(GL) the claim.

So and if you do receive their statement it must include notice as per above.(CPR 27.9(1)

Andy

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  • 2 weeks later...

Well time is fasy running out for my witness statement nothing off anyone else yet.

 

Can someone please now advise which of the statements I need to send to the court as I’m in work now until the 7th So no time left so really starting to panic now 

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Go with the one in post #100 but remove point 1 about hearsay evidence.....the claimant has yet to serve you their statement.

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We could do with some help from you.

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don't forget moriarty never turn up so should be a walk in the park.

 

 

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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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Good morning all,

I will be putting everything together Tuesday to get to the court for Thursday, can I drop it into the court myself?

 

also I have to send the claimant a copy of my defence but do I send just my witness statement to them or all copies of everything I have ?

 

one of the things I have is an incorrect cca which they sent me which was not for this orig PDL they messed up and sent me a totally wrong one so ideally or give them advance notice of that,

 

thanks

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yes.

 

same you send to the court.

 

you cant hide things nor rely upon anything not in your WS ....in court

 

 

 

  • Thanks 1

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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read the n157.

 

 

  • Like 1

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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Ok thanks got that now , same date so will send next day proof of posting. Do I need to include proof of previous posting labels for previous letters sent please?

 

thanks

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Only if you have referred to them in the statement as an exhibit.

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Afternoon everyone, ok here is my final draft of my witness statement obviously every other document i have previuosly posted up on here will be attached,

 

I dont think I need to do another combine to show everything I have to show you ?

 

 

witness FINAL.pdf

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Nothing in there about CCA/CPR 31.14 requests or responses....and why what they have disclosed is not acceptable as a true copies as you phrase it? 

We could do with some help from you.

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Oh I thought I’d done that as in section 4 

 

I have to print and finalise this tomorrow and then get it to the court and post to dcs as I’m working away and can’t do it after that 😥

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4.Disclosures
The claimant has since complied and disclosed various documents however unable to comply with disclosing:
A True copy of the original CCA for the account showing how the defendant has reached the amount claimed for,
A True copy of the default notice/termination notice,
A True copy of the legal deed/notice of assignment showing the claimants legal right to take action.

 

Thats just a statement .....your opinion...now you have to convince the judge why they are not true copies and which legislation you will rely on.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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