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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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    • We have finally managed to obtain the transcript of this case.

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Time delay after LBA


FoxyFiona
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Hi Guys,

 

I have started the process of reclaiming charges from the abbey, I reached the LBA action stage sending a letter at the end of October, I did get some (not nearly enough) charges refunded to my account. I sent the letter saying they had 14 days or court action would commence.

 

The problem/question I have is, that I missed the date to put them in court purely because I didnt have the court fees, have I missed the chance now?? or can I still proceed with court?? do I have to send them another LBA letter??

 

Any comments/advice gratefully received

 

Thanks Fiona

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Ah thanks Michael,

 

I was hoping that was the case. Fingers crossed for a victory! Watched an interesting programme on BBC last night on reclaiming charges, that has spurred me on again.

 

Fiona

8) FoxyFiona

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  • 2 months later...

Hi

Thanks for you kind message. Just keep going remember it's YOUR MONEY. any help you need we're here to help. I hope you have now filed your N1 and the next thing will be Abbeys standard defence don't be worried or trodden down . I will keep looking at this thread for updates. Think what agreat Summer Holiday you can have :D :D

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Hi Foxylady,

 

I filed mine last week and have heard nothing from the Abbey, but received my papers fromthe court yesterday all stamped etc. So now waiting to see happens now as they will have received their notice yesterday too. Quite nervous now! Will keep you posted, please kep me posted too looks like we are at exactly same stage.

 

Fiona x

8) FoxyFiona

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  • 2 weeks later...

Hi Guys,

 

Just got a notice back from the court saying that the Abbey intend to file a defence and have 28 days from the 19th March 2007. Is this what they are doing with everyone? Have a feeling its a stalling tactic.

 

Foxylady, have you heard anything back yet?

 

Fiona

8) FoxyFiona

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Foxy, it seems to be 99% of time, the bank automatically states they will be filing a Defenceso no need to get anxious about that. It's all about stalling, the longer they can keep from issuing a cheque, the longer they utilise YOUR money!

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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Guest louis wu
Foxy, it seems to be 99% of time, the bank automatically states they will be filing a Defenceso no need to get anxious about that. It's all about stalling, the longer they can keep from issuing a cheque, the longer they utilise YOUR money!

 

 

but the more interest @8% they pay. Its just false economy, but if just 1 person pulls out at this stage its worth their while.

 

Just keep at it, your doing fine.

 

Best of luck

 

Louis

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Just got a notice back from the court saying that the Abbey intend to file a defence and have 28 days from the 19th March 2007. Is this what they are doing with everyone? Have a feeling its a stalling tactic.

 

yep that's normal then they issue their defence around day 21

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Hi Guys,

 

Just got a notice back from the court saying that the Abbey intend to file a defence and have 28 days from the 19th March 2007. Is this what they are doing with everyone? Have a feeling its a stalling tactic.

 

Foxylady, have you heard anything back yet?

 

Fiona

 

Hi Fiona,

 

Just reading through your thread and wondering whether you've got your dates right. It's 14 days from the date deemed served to acknowledge, and 28 days to defend. That's 28 days from the deemd served date not from the date of acknowledgement.

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Hi foxy

 

have you had letter today from Abbey as they have asked me to re send in my charge details as i should have sent them in with my claim form when i filed a claim.

 

not sure whats going on when is the deadline for them to reply back after the 28 days they asked court to file there defence little confused still on that one?

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i should have sent them in with my claim form when i filed a claim.

 

You will need to supply these, like you said they should have supplied them when you filed your claim.

 

Your posts have confused me so here is what happens now.

 

N1 filed or mcol, it's deemed served generally 2 days after it's issued, Abbey then have 14 days to acknowled the claim and decide what to do next, at present they are filing a defence in full which will then give them a further 14 days to send their defence to you and the court , so we are now 28 days from the deemed served date, in brief two lots of 14 days.

 

Once the court receives Abbey's defence it then will send you the AQ which gives you 14 days to complete and return to the court, the AQ will be a N149 or N150 depending on the amount of money you are claiming.

 

You should now be looking at all the posts on completing the AQ

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-34.html#post686355

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Hi foxylady,

 

I sent a full list of my charges claiming with the court forms N1, so that must be normal to ask if you didnt include it. I havent heard anything from Abbey at all (yet). I expect I wont until the court questionnaire comes. Dont panic just keep the faith! As everyone keeps saying and I have started chanting to myself when panic sets in "its your money youre fighting for" If in any doubt with anything just call at the court I had a chat with one of the women there the other day and she was most helpful.

 

Thanks to MARIEJADER for your help and advise to Foxylady (and to me) its much appreciated.

 

Watch this space its all happening now :-)

 

Fiona x

8) FoxyFiona

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  • 2 weeks later...
  • 2 weeks later...

Hi guys,

 

Just filing out me AQ and getting in a muddle, do you send the draft order for directions with it? the one you can download. If you do what do you have to do then? Also stuck at the addiontal information stage as my claim is for over £9000 so small claims not relevant? Help, head in the shed. Think I will leave it and try again tomorrow, often looks clearer when I have left it and return later.

 

Fiona

8) FoxyFiona

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  • 2 weeks later...

Hi Guys,

 

Quick update: Abbey have filed their AQ on the last day. Suggested that is goes in small claims (?) its £9660, so dont how that would work. and they have requested one months stay to try and resolve the claim (yeah right!) hope the judge sees through that one.

 

Would love to hear how you at same stage are getting on, foxylady1970, charliefarley etc.

 

Fx

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Mariejader - where does that leave you now the defence was struck out?? Did they explain abuse of process? Were they time wasting? Am intrigued............

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