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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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Court Date - Have queries! Help Please?


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Yeah but can you pretend you are me? :grin:

 

Want to know what the order means though, hope it's in post tomorrow. WHY have they allowed this to continue, why me and all that!

 

I am petrified now of the court, and what to say, in case I blow it. Can't believe everyone said 'they won't comply with disclosure directions and they'll pay', and it's come to this!

 

Checked the account again just now as well, NOT!!!!!

 

x

Fzrkitten

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I think that they'll settle. I really can't see Lloyds turning up to answer those allegations - there's no defence IMO. If they turn up it will be to apply for a stay, which you should oppose.

 

Post the order when it comes and we'll take it from there.:)

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Hi all, and thanks Gary.

 

Wasn't in post saturday, possibly be there when I get home tonight, postie doesn't like early mornings in my area!

 

I'm afraid I just got drunk at the weekend, seemed like a good idea at the time! (Not the whole weekend I hasten to add!).

 

Just been trying not to think about it too much, I'm a bit of a worrier and can make a situation worse before it's happened, and end up with migraines, I just wind myself up! I am a strong person, and happy go lucky most of time, but my brain (fluff) tends to wander off on it's own sometimes!

 

Will keep you posted, thanks for your support all.

x

Fzrkitten

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Hi

 

Its easy to say don;t worry, but I am the same.

Don;t blame you getting drunk - at least you probably forgot all about this hassle for a while (not so much fun dealing with the hangovers though lol!)

Hopefully your postie has delivered today then.

Keep us posted as well. :D

 

Ollie x

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Good luck.

IMO - In My Opinion!

IMHO - In My Humble Opinion!

Night Owl

Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

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Hi,

 

Yes, but not exciting, just plain scary!

Got this:

 

Before District Judge ******* sitting at.....

Upon reading the Claimants ex-parte application dated 3rd August 2007

It is ordered that:

List the claimant's application on notice at the same time as the next hearing on 7th September 2007 at...

Dated 16th August.

 

Ok, so it's the district judge, and I think it's one you mentioned before Gary, can I post it here?

Our application is also in the letter, they must have kept one copy and sent the other back to me.

Why ex-parte in my case? I put 2 copies in, one for SC&M if needed.

I take it on notice means when he asks me to speak!

 

So this means at present, it's still fast track (re-allocated when lloyds put in ex-parte application), and it's still a 'case management conference' on the 7th, so Lloyds got their way.

 

I kind of get a feeling the judges are fed up with both parties? I'm not ecstatic about this anyway, and now am worried about what to say when the time comes.

 

Fzrkitten.:(

Fzrkitten

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Hi Ollie,

 

:D I have no idea on both questions! I suppose Lloyds could now put in for a stay on the day, (as they got their re-allocation), but if they got it I would be very mad and liable to say something I shouldn't in court. :mad:

 

But, on the other hand they might not turn up. Gary thought they might pay before the 7th, but I really don't think they will.

 

The judge is saying he will hear my application for set aside of the re-allocation at the same time as the case management hearing, so I need to be very correct on what I say, which is what I'm worried about! From the 'tone' of the letter, they seem fed up with both parties!

 

Have to say I am fast losing hope, it really hasn't gone my way at all. Having said that, it could just be the way I am looking at it, and the judge wants me to give them what for in court! He might be really nice when I get there. :rolleyes:

 

I just think for the sum of money involved, the court will allow a stay even after everything, until the test case. And if that happens I'm a bit stuck personally too (worded politely!).

 

Hey ho. :)

 

Sorry, bad day for sense of humour, I left it somewhere and can't find it now!

 

xx

Fzrkitten

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Hiya,

 

I'm sure you will be fine and not say something out of order (Just mutter that under your breath!)

Try not to lose hope, you have got this far. You have done everything you were ordered to do by the Judge so thats got to work in your favour.

As I said I am away on your court date as would have come along for support so sorry I can't help out there.

Hopefully Gary is right and they might just pay up before the day but if not, don;t get daunted by it all (easy for others to say I know) just try and go over in your head what you want to say.

And I'm sure your sense of humour is still going strong, :) else you wouldn;t have got this far!! Its probably just having a wee nap!!

 

Let us know if you hear anything before date.

 

Ollie xx :D

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Hi Ollie,

 

Yeah, sense of humour overslept this morning, along with the rest of me! oops.

 

It's just because it's not the normal type of hearing in that Lloyds defaulted but got away with it, they got it re-allocated, I objected, but it's all being heard at same time, so if they don't turn up, fab, but if they do I need to make it such a strong case in my favour. And the one thing I have a problem with is authority. Any kind, anyone telling me what to do, or how to do it! (And it's the District Judge sitting.....).

 

I know you are away hun, thanks anyway - you going somewhere nice? Hope you get your pennies before then!

 

Christina's offered to come too, and my other half wants to come (I'm not sure I want him to though - he's more likely to say something than me!)

 

Will keep you updated, thanks for support.

xx

Fzrkitten

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Hi

 

Believe me, my sense of humour was "left up a tree" many a time. I still can't relax till I get the cheque!! How people have done this with 2 or more banks amazes me!

I am the same about being authoritive. But as I said in my case - we have done nothing illegal by being in front of a Judge - just asking for what we believe is rightfully ours and determined to fight for it!!!

 

Thats good that Christina has offered to go along and it may be nice to have your partner there as well - at least its lots of support...does help.

 

We are off to Swizerland, its my partners parents 50th wedding anniversary and they are celebrating over there. They kindly gave both their children the money to go as they wanted family and friends there to celebrate. Shall also be doing lots of walking etc, so will need a rest when I get back lol!!!

I'm going to have to try and get to the internet when I am away to keep up with your case, as sure I saw a couple of places near to where we are staying. But will still be thinking of you and will get on here as soon as I get back if dont manage to get internet access.

 

Ollie xx :D

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I'd like to echo Ollies sentiments. You haven't done anything wrong you are fighting for justice and have every right to do that. The fact that we are all fighting against big banks (and sometimes it feels like the the court system aswell) makes the whole process intimidating which leads us to question why the hell did we start this in the first place. :confused:

BUT at the end of the day it is your money you are claiming and it IS important to you and it is worth the fight. You have so many CAGers here behind you keeping you going. :)

Fingers crossed still. :)

(I have 2 weeks holiday with my O/H but because we are so skint he has just taken agency work 2 hours away from home for 2 weeks!!!! He will be living in!!! 1 daughter working and 1 in Scotland on holiday with friends.) :(

Don't loose your sense of humour. Put it on a fast wash and spruce it up again. Good as new. :)

Night Owl

Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

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hi ya, my offer still stands i'll come and keep u company if u need it.

 

dont forget the judge will know u have no legal training do any questions he asks u i'm sure you'll the answer to.

 

look at how stressed i got with mine and the next thing i know the moneys been sat in my bank for three days without me knowing lol:D

 

it is draining but stick with it... i'm going after BOS now so yippee x

 

ps champayne cant stay on ice for ever:D

 

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Hi all,

 

So night owl you home alone then? not so much fun for you. Your stay should be up soon - 31st?

 

Ollie I just caught up on your thread, glad GuidoT helping you, hopefully you will get your pennies in time for hols. When you off?

 

ChristinaJane, thanks hun, guess we need to meet up soon and drink the champagne anyways, we can always do it again when it's my turn! Thanks for the offer of coming to court, but I bet you are a busy bunny really. I actually don't think I want other half there, he will make me more nervous I think. Might just tell him to meet me in the pub in town afterwards!

 

Funny thing is, it's not the bank that bother me, it's the judge!:D

 

Oh well, a while to go yet - guess anything could happen.

 

xx

Fzrkitten

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Hiya.

 

Off on hols on 6th Sept. So going with GuidoTs advice on my thread, if I havent had money by 31st Aug - I can send them the letter he advised me to send giving them 7 days to cough up. The only thing is I will be away on the 8th Sept if I have to go for the warrant of execution letter. But hopefully it wont come to that!!!

You know what they say if your nervous at interviews etc...just imagine them naked!!!! You never know, you may get a hunky Judge!!!

 

xxx

 

Got my champagne on ice as well, so we will have to do synchronised opening of the bottles when all our money is back where it belongs i.e with us!!

x

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Hiya Fzrkitten,

 

Just a quick catch up. Off on hols soon so busy sorting our stuff at work for leave etc so might not be able to whizz on here. Just wanted to say I hope it all goes well next week and will be thinking of you and hopefully will be able to find internet access sometime whilst I am away to keep up.

 

Bestest Wishes and Lots n lots of luck.

 

Ollie xx :D

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