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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.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi everyone!

Just a quick note to let everyone know that i am at the stage of court action now but interestingly i received a letter the other day offering me only £290 when the charges they have made are about £580.I then decided to phone them just to say to them that £290 was not enough and were they prepared to negotiate on the offer and straight away they said that they could offer me £580 but as full settlement but i declined because with all the interest and everything it is in the region of £1000 that i am claiming and they were not willing to pay the interest or the other £12 charges which they claim to be fair.:mad:

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Have you actually started a claim at the courts.

If you haven't and they offered you the full amount you should have accepted it.

The 8% interest can only be awarded by the court, and I dont think a judge would look favourably that you declined there offer of payment for the ammount you were asking for, just so you could get extra interest.

 

UNLESS you are cliaming Contractural interest and/or default removal as well

 

Paul

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Have you filed at court yet?

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Hi Pkea! Just to let you know that they only offered me the £25 charges not the £12 ones and not the interest on the charges.Thanks for the reply

 

Ok then, if you asked for all your charges (£25 and £12 ones) you are ok to decline their and carry on to the courts

 

Keep us posted

 

Paul

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Hi sea-sidelady! Just to let you know that i have not filed my n1 form as yet because i am waiting for payday which is about the 15/06 so will be doing it then.What stage did it take to get back your charges?

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If they offer all the charges but no interest on the charges as requested on lba(not the 8%) should i accept this then?

 

Yes, You can only claim the 8% interest when you file at court.

This is only awarded by the Judge.

 

Paul

 

"Wisdom Begins In Wonder"

My advice is based on my personal experience and should be taken as such.

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Hi everyone!

Was just wondering if anyone knew if you can claim the interest on the charges or if the only interest you can claim is the 8% when it goes to court? Please let me know if you have any idea.THANKS

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You put an extra 0. ;)

 

Its 0.00022

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HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Please can anyone help me? I am filling in the n1 form and reached the particulars of the claim section and on the section 5 part c it says claimant claims interest under sec69 of the county courts act 1984 at the rate of 8% a year from the date when the money became owed to you. What date do i insert on that particular section? Is it the date of the first charge made on the account?

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Hi everyone!!! Does anyone know how long i have got to wait once i have taken in the n1 form because i have taken it in today but a bit confused because the guy in the court said the bank has 14 days but i thought it was 28 days. Could anyone help me? Please!!!

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This is what Seaside Lady put on my thread....

Ok so what happens next.....:wink:

 

The court will do everything for you. They send copies to the bank, and they will send you a copy.

 

Your copy will have the date it is deemed served. This is the date you need now. This is your countdown date.

 

They have 14 days to acknowledge from this date.

 

If they dont acknowledge then you can file the letter demanding payment. :grin:

 

If they do acknowledge,

They have 28 days from countdown date!

 

So it is a waiting game again now.

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