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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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If you haven't heard from the courts you've still got plenty of time :)

We could do with some help from you.

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Apologies for lack of updates.

I am still trying to work on the witness statement. I have started but things have been a bit hectic. Hope to have something drafted in due course.

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Can I just confirm that our witness statement will also be our objection to the claimants application for summary judgement ?

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In this case, Yes.

Have you heard from the court?

We could do with some help from you.

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I am still working on the WS. I have not been well over the past week I think due to stress. I have drafted some of it but still have a bit to do.

I checked MCOL today as nothing received from the court yet. I can see that claim has been transferred to local court.

I guess our next deadline will be stipulated by the court rather than the claimant ?

When does the chance for mediation happen ? Does the court suggest this ?

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If an application such as this is made at the same time as submitting DQs some courts hear both application and normal claim at the the same time.

Some courts will have a separate hearing just for the application.

If the court informs you of the latter you will normally be expected to submit your statement in objection of the application not less than 7 days pre hearing.

If they dont have a separate hearing for the application the application will be dealt with at the normal claim hearing and you will follow directions laid out by the court in your Notice of Allocation N154.

 

 

.

 

.

We could do with some help from you.

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Hello AndyOrch

Many thanks for your response.

So for now carry on working on the WS and await further direction from the court.

Will the hearing still be some time away ?

Have been feeling anxious and stressed.

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Not anytime soon I expect with the state of the courts. So yes you are either waiting for you Notice of Allocation N154 or Notice of Hearing for their application. (SJ/SO)

 

.

We could do with some help from you.

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Ok many thanks.Will try to do some more work on the WS this week. I have drafted some of the points. I have more of the main part left to do.

As soon as I have a draft ready I will post it up. Have had some set backs which have put me behind.

When the claimant sent their draft directions they mention that "By 4pm on 16 May 2024 the parties must each give standard disclosure of documents by way of list by category. 

Do I wait until we receive notice from the court i.e only action directions sent by the court ?

When would the mediation process start ? Would the court suggest that we do this first ?

Apologies for these questions and Thanks for help and support.

 

 

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On 12/04/2024 at 09:55, 1penny said:

A1 Yes to wanting to attempt to settle ? (mediation) ?

Do you want a 1mth stay No

Quote

When would the mediation process start ? Would the court suggest that we do this first ?

Neither party have agreed to settle...there is no offer of mediation in Fast Track parties have to pay if they want a mediator.

We could do with some help from you.

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14 minutes ago, 1penny said:

Do I wait until we receive notice from the court i.e only action directions sent by the court ?

No the claimant sets the time frame on the directions.

Just now, 1penny said:

Ok so the court will order mediation ?

See my post above

We could do with some help from you.

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Ok so the deadline of 16th May what do I need to do ?

"By 4pm on 16 May 2024 the parties must each give standard disclosure of documents by way of list by category"

Sorry I am confused and very stressed now. 

 

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The draft directions are in post #149.

Really would appreciate guidance as to what we need to do.

Many thanks.

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You prepare a list and list any document/s you have referred to in either your Defence or intend to use in your draft statement as an exhibit and list them numbered and dated and titled..

Any document that is not on that list can not be used as evidence or relied upon to support your defence.

 

 

.

We could do with some help from you.

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We could do with some help from you.

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Ok many thanks and we need to meet the 16th May deadline ?

I send this to the claimant and which court (as we haven't heard from the court yet) ?

I will look at this tonight as I am really restricted at work. Could I post up a draft for you to look at ?

Really appreciate any help as feeling very anxious.

 

 

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3 hours ago, 1penny said:

I checked MCOL today as nothing received from the court yet. I can see that claim has been transferred to local court.

 

1 minute ago, 1penny said:

Ok many thanks and we need to meet the 16th May deadline ?

Absolutely otherwise you will not be allowed to rely on written evidence. 

We could do with some help from you.

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Ok thanks.I am glad I asked as have been waiting to hear from the court.

I will look at the form n265 tonight and will post up before sending.

Could you kindly give me guidance based on my defence in terms of what I should include.

 

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Here is a copy of what the court will send Notice of Allocation to Fast Track n154 which will contain the confirmed directions with dates.

https://assets.publishing.service.gov.uk/media/5aa6b580e5274a3e391e3b0e/n154-eng.pdf

We could do with some help from you.

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Hello AndyOrch

For the n265 please would the below list of documents be sufficient ?

1. Pre-Action protocols. Claimant confirmation that they have not complied or have only partially complied (last page of claimants N181 Direction Questionnaire) Dated 16/04/2024

2. Copy of the Lease - Dated 4th September 1998

3. Statement of account (up to 1st Feb 2024) - Dated 20/02/2024

(This shows a slightly different balance to the one included in the Claim form as theirs was only up to 24th Jan 2024)

4. CPR 31.14 Request - Dated 28/02/2024

 

With regards to the Claimants claim for interest under Section 69 of the County Courts Act 1984 where the amount is incorrectly calculated due to the account balance and also appears to be duplicated, should I list their POC ?

Additionally should I include any e-mail exchanges (I don't have all as some went to junk and auto deleted due to an issue with my e-mail account and I was reliant on my phone for seeing e-mails) ? I don't have the last e-mail that was sent prior to the claim being issued. I guess that I can ask the claimant for a copy of this one ?

The claimant has refused to action the CPR 31.14 request. 

Regarding the Section 20 notices relating to the major works, should I include if we have a copy ?

Is there anything else that I should include in the list relevant to our defence ?

Will the claimant send us a similar list via N265 ? They did include a Continuation Sheet with their N244 giving a background of the case. Just wondering how we know all of the documents that they will rely on.

 

As always really appreciate any help and guidance that you can provide.

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No hard or fast rules ...if you have referred to it or intend to refer to it and rely on a document as evidence it goes on the list as an exhibit.

13 minutes ago, 1penny said:

With regards to the Claimants claim for interest under Section 69 of the County Courts Act 1984 where the amount is incorrectly calculated due to the account balance and also appears to be duplicated, should I list their POC ?

No you can raise that within your statement but remember that sec 69 is at the discretion of the court a judge may allow the full amount claimed or reduce it to a lower % or none at all.

Yes the claimant must serve their N265 on you...any document on theirs that you do not have you can request a copy and then use in your statement.

17 minutes ago, 1penny said:

Regarding the Section 20 notices relating to the major works, should I include if we have a copy ?

Will it assist your defence ?

We could do with some help from you.

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Ok not sure regarding the section 20 notices helping.In the defence we have put the claimant under strict proof that the monies were legally demanded by way of section 20 notices so more on them to provide ?

Are the 4 documents that I have listed sufficient do you think ? They are in line with the defence.

How should the wording be when I list them on the N265 ?

In terms of completing the form we fill in the claim details. We don't know for sure the court as we haven't heard from the court yet.

We only have draft directions from the claimant.

 

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