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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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bp v abbey x2


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  • 2 months later...

hi all, i've not said anything for a while, bit too much going on at home.

 

Update: finally put claim in and Abbey had to respond by the 6th Aug. They acknowledged with he intention to defend on the 26th July, i've jut had an email from my favourite person at Abbey our lovely Inga to say that just in case i didn't know, abbey are applying for a stay of all cases, i've asked my court and they have said that my case is still ongoing. Is there a generic response to the courts when the banks ask for a stay? has a stay of all cases been agreed?

 

any advice would be much appreciated.

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thanks Michael, just found the link. Sorry i was just being lazy!

 

On a lighter note, right under Inga's email was "Ashurst, winner of law firm of the year 2007" God! i wonder what they had to do to get that? fob as many people as poss? offer lower amounts to claimants thereby still saving their clients money?

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I decided to be a bit cheeky and asked her if this new strategy of avoiding paying out money also applied to abbey suspending all future charges from its customers accounts? lets see if she replies to that!

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well she's a busy woman1 this is her reply

The whole purpose of the commencement of the Test Case is to clarify the law in this area. Abbey will continue to post updates on its websites to keep customers informed on progress of the Test case.

I feel like sending a message asking why if this issue needs clarification, why has abbey applied thse charges and why does still apply them while the issue is going to court?

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  • 2 weeks later...

Quick update, i received the usual letter, Abbey will be asking for a stay of my case, they've acknowledged my case twice! and today, i got a copy of their defence. This defence is different from the other one back in April. Does anyone know if a copy of their new defence is posted on this site somewhere?

 

4.3 if the defendant honoured the payment instruction in question, the Defendant thereby accepted the claimant's offer.

 

4.4 Accordingly, the claimant became bound to pay interest and charges in relation to that loan at the stipulated rate.

 

4.5 That liability does not at common law, constitute a penalty charge.

 

 

 

 

So these are longer Breaches of contracts but loans? Anyone recognises this? Is this the new standard defence?

 

Thanks in advance

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Hi BP long time no speak, yes it represents a change, BUT it is in response to Abbeys changes of terms and conditions, and if you have seen them then you will know that they are penalty charges by a different name, they have just changed what they call it and (so they say) how they apply it. unfortunately even Abbey cant backdate their own terms and conditions, so it really means jack IMHO, nontheless, i think that GaryH might like a look at it

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Hey Lula hun thanks very much.

 

I guess i'll just have to send the usual strike outs but include a copy of their prev defence. first thing, need to find out if they have asked the court for a stay.

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Funnily enough I got exactly the same defence through yesterday for my o/h's claim.

unfortunately even Abbey cant backdate their own terms and conditions

Exactly. They've defended based on terms which weren't even thought of at the time the charges were taken, let alone in existance. Its a completely invalid defence. I'm going for summary judgment on mine - I.e an application that the defence should be struck out and judgment granted without a full hearing becouse the defence has no real prospect of success.

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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Yup, 'fraid so!

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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