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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  So brief outline. Purchased car Jan 30th ,garage paid the tax for me after I gave them my card details so 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 so slightly longer than the original tax set up so 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. So 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 so 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 
    • That doesn't look like clacton ... Former Brexit Party leader Nigel Farage buys coastal home in Lydd-on-Sea WWW.KENTONLINE.CO.UK Former Brexit Party leader Nigel Farage bought a coastal home in the county, it has been reported.  
    • It's not a private road.  It's a small public street (with Resi houses) that leads into and from public road/ highway. The garages have land in front of the doors.  Then there's a yellow line. So there's a clear marker on what is private and what is public.  These people keep parking on the private land side
    • Do you also own land the garages on and the private road? Or is it shared freehold with right of access to all freeholders or why?  Dx  
    • I may try cheap plastic bollards (traffic cones) first just to see if they get moved.  I will look into the cost of fixed bollards.
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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helpful sites with so much disinformation


brechiner
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Is the CAG going to press other 'helpful' sites like BBC, MSE etc. that have info for claimers, which is wrong - like applying 8% before court action etc.?

 

Will there be a uniform guide to include CI, going back 6 plus years etc.? because at the moment I help people going to court (MacKenzie friend) over these charges and they all, bar a few, have the MSE/BBC template and have basically a deeply flawed case against the bank. On many occasions the 8% interest was added on first letter.

 

Any ideas ladies and gents?

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I think CAG cannot do much about other sites that give out wrong information. CAG can only provide guidance if consulted but those sites are at liberty to accept or refuse guidance.

 

I would expect that people running those sites can ensure they give out correct information.

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I left the MSE site due to their willingness to hand out flawed/incorrect/ unprofessional advice. It drove me up the wall how unqualified and obviously non-knowledgeable people were allowed to hand out advice willy-nilly all in the name of the MSE site. I had a choice of biting my tongue, letting rip or departing... I chose the latter.

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As Benny said, there is nothing that we can do about other sites. They are nothing to do with CAG and we have no control over them. Unfortunately too many sites that purport to help in reclaiming penalty charges have a standard sequence which worked once. They expect it to work for ever. Some sites even direct its users to us when their claims go pear-shaped. If there are any snags or variations in a claim, they are lost.

On CAG we are well aware of the way snags can, and do occur. We get a lot of new users making their first post in the Newbies Forum with a claim in the later stages asking for help because the site that got them this far, now washes their hands of them because the sites are lost.

We don't expect any two claims to be the same. A lot of them are very alike but with enough subtle differences to lose a claim. Because we are constantly monitoring the outcome of claims, we can look at the whole picture, along with the users thread (provided it has been kept up-to-date and in detail) and constantly devise ways of overcoming any variation.

We manage to salvage 99% of troubled claims that come to us for help.

If only all these people came to CAG first.

 

With regards to contractual interest I would strongly advise against it. There is no legally sound basis for claiming it. It has now been tested in a Mercantile Court and as a result, there is now a precedent for striking it out.

 

As you rightly noted the 8% statutory interest allowed under S.69 is granted at the discretion of the judge and is not a right

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With regards to contractual interest I would strongly advise against it. There is no legally sound basis for claiming it. It has now been tested in a Mercantile Court and as a result, there is now a precedent for striking it out.

 

Maybe the huge thread "why is no one claiming contractual interest" should now be closed as the advice is still conflicting with the above.

 

A lot of other threads still say 'go for it' while others, such as this, say no chance anymore.

 

It confuses users.

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Is the CAG going to press other 'helpful' sites like BBC, MSE etc. that have info for claimers, which is wrong - like applying 8% before court action etc.?

 

Will there be a uniform guide to include CI, going back 6 plus years etc.? because at the moment I help people going to court (MacKenzie friend) over these charges and they all, bar a few, have the MSE/BBC template and have basically a deeply flawed case against the bank. On many occasions the 8% interest was added on first letter.

 

Any ideas ladies and gents?

 

 

Please let me know what is it in the BBC template that is wrong ?

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caroline, i am sure it is not for the Moderators or site helper or admin to comment on other sites as their time is wisely used to help people here who will have posted their letters on here. The charges campaign is not static and so various sites have differing methods from 1 letter to 3 letters(i have seen that mentioned as well). The banks will continually fight back and at times get lucky so newer strategies will be required.

I will comment though, if the BBC states 8% prior to court then it is wrong as interest can only be awarded at the discretion of the judge. With regards to contractual interest, it is easier to argue it on credit cards charges then on personal accounts. Why? well on personal accounts many people on contractual rate use current rates of interest and you would need to explain and show why you are entitled to it and how you worked it out. I am with rooster on the KISS principle. Keep It Simple Stupid(K.I.S.S.)

I came I saw I helped. I could do no more.

 

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caroline, i am sure it is not for the Moderators or site helper or admin to comment on other sites as their time is wisely used to help people here who will have posted their letters on here. The charges campaign is not static and so various sites have differing methods from 1 letter to 3 letters(i have seen that mentioned as well). The banks will continually fight back and at times get lucky so newer strategies will be required.

I will comment though, if the BBC states 8% prior to court then it is wrong as interest can only be awarded at the discretion of the judge. With regards to contractual interest, it is easier to argue it on credit cards charges then on personal accounts. Why? well on personal accounts many people on contractual rate use current rates of interest and you would need to explain and show why you are entitled to it and how you worked it out. I am with rooster on the KISS principle. Keep It Simple Stupid(K.I.S.S.)

 

the bbc is using the 8% as leverage for the claim. It states : that it is in the interest of the bank to pay up or risk having to pay interest in court .

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The worst advice by the BBC is estimated claims. They even show an example of how to work out estimated charges over 6 years based on just five months statements.

 

I have yet to see an estimated claim that that doesn't have to be amended, which costs money, delay and stress.

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Caroline, there is something that is incorrect in the initial post by brechiner, MSE do not suggest 8% unless it goes to court, and in point of fact i am not aware of any sites that advocate that either. The BBC templates were initially taken from PenaltyCharges site which has not advocated 8% prior to court stage(This i have learnt of). I have to say that i have not seen the BBC template as they have no discussion facility for claims so I should claim ignorance. Howeverer, the point of the thread was with regards to misinformation about interest am not sure if we are agreeing or disagreeing to be honest. If 8% is leverage then everyone will be in court. No bank will pay out charges AND interest.

I came I saw I helped. I could do no more.

 

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