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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
    • The boundary wiill not be the yellow line.  Dx  
    • 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.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

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Bankchargesnotus V Yorkshire Bank


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Just spoke to the court admin and although I am only catching the drift of what the judge has said it has been allocated to the small claims track and she thinks the earliest court date they can give me is OCTOBER !!!:( she was lovely and said she would try to fit me in before then if poss but I cannot believe it is going to be stretched out that far!!!!!! feel like crying to be honest, I started this in November so it is going to be a year in total if not more and when I have looked all over this site at success stories I cannot find any that have gone that long:(

 

I have just tried to log onto the CAG chat but the link is not there o cannot even get advice there, anyone help, I know I shouldn't be relying on getting this back to pay off bills etc to make life a little easier but I have to say I was thinking it would be 2 months at the most, very most, anyone offer any advice!!!????!!!!

 

PLEASE!!!!

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Chat is currently suspended at the moment due to a security breach

 

There are so many people claiming back charges that courts are becoming clogged up with small claims. Fingers crossed that hopefully you won't have to wait that long.

 

Sarah.

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

Frequently Asked Questions

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Regrettably this bank do seem to take longer than most, so don't rely on it. You will get your money back, but it will take time. Luckily you seem to have found a sympathetic court official, so I suggest that you phone every few weeks to see if they have a cancellation. I wouldn't do it more often or they may get fed up of you and not co-operate.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi all!!!

 

Got notice of Allocation to the small claims track (hearing).

 

The hearing of the claim will take place at 10.00 on the 7 August 2007.

 

Each party shall deliver to every other party and to the court offices copies of all documents (including any experts' report) on which he intends to rely at the hearing no later than 14 days before the hearing. Such documents shall include copies of any statutory provisions and reported cases relied upon.

 

The agreed documents shall be brought to the hearing.

 

I am assuming this is the court bundle, can anyone clarify what that includes so I am clear, also can I ask to include the peter mcnamara comments and also the Cynthesis info, (where can I find these)??

 

Am I better doing this sooner rather than later I know it says no later than 14 days before however I was hoping as the other side have to agree (I think) to what I am submitting to the hearing that hearing I am bringing this kind of damning evidence just might spurr them on to settle sooner, Or would the court not forward this information to them until 14 days before anyway???

 

Any advice would be much appreciated dont want to get it wrong at this stage.

 

Really missing the chat room, been trying to look for the thread from Bankfodder about it but cannot find it, anyone else managed it???

 

XXXXXXXXXXXXXXXXXXX

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Yes they are talking about the court bundle. I'm sending mine in before the 14 day deadline. You have to send YB a copy of the court bundle yourself. I've included a transcript of the Peter Mcnamara interview which can be found in the Cuttings and Soundfiles Library. I've not included anything to do with the CyntheSis info as that came to light after I had started my case.

 

The announcement from BF can be found on the start page of every forum... It's highlighted in pink writing.

 

Hope this helps a bit.

 

Sarah.

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

Frequently Asked Questions

Example Step-By-Step Instructions

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  • 3 weeks later...

Looked in the court bundle today, oh my god it looks daunting!:confused:

 

Just for clarity anyone, the link the court bundle takes you to is 40 pages long is that the one I have to print and there is a link off that relating to charges for credit cards do I add that???? and also should I include the cynthesis stuff is that relevant to me as I started the case before it came to light????

 

Any ideas on the personnal stuff I need to add also would be much appreciated :oops:

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  • 4 weeks later...

Wondering if someone could help

 

My dad died last week and I just do not have the heart or the head to carry on with this, I have got in touch with the bank and asked them to resend the last offer they made me full amount without interest, they have sent and I am going to sign the offer letter but they also want me to sign a notice of discontinuence, I dobnt think from what I have read on here I should do they, any advice about how I should handle this would be much appreciated.

 

Thanks

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As long as you are happy with the offer then it is fine to sign the Notice. The Notice is a form that is sent to the court which formally ends the litigation.

If I have been helpful please click on my star and add a comment.

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So sorry to hear of your loss. I'm sure no words will make you feel better, but my thoughts are with you, as I'm sure are those of many other CAGgers.

 

It is entirely your choice if you want to settle now, and I understand you have enough to deal with now, but might I suggest that you leave the decision for a little while until your loss is a little less new and raw.

 

Could I also point out that even once you agree to settle, YB are slow sending cheques in settlement so tell them you'll send the discontinuance notice to the court yourself when you have the money, and don't send it to them as they usually ask.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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