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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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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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kevmaxthom v citicards - **WON**


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Sent out LBA 12th June requesting immediate payment of £189.

Recieved reply on 16th June basically saying Citicards is not my fiduciary, but a party to a contract for services that I freely entered into.

Citicards disagrees about OFT's interpretation of the law relating to penalty chrges.

To accuse Citicards of acting unlawfully is simply wrong and that the OFT has set a threshold of £12.

On this basis Citibamk are prepared to and have authorised a refund of the difference between the original charge amount(£25) and what the OFT state to be a fair amount to charge(£12) for the 7 occasions as a gesture of goodwill (total £91). In addition a refund of 8% of the £91, so total refund to resolve the issue is £98.28.

In the event that you still consider the default fees charged as being unfair and choose to issue proceedings then please note, that action will be defended and we will rely on this letter when the matter comes to court.

Any advice on next steps would be grateful.

Regards

Kev

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Any advice on next steps would be grateful.

 

You should know what the next step is - you told them in your LBA - take them to court.

 

Incidentally, the OFT did not say that a £12 charge is a fair amount.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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You should know what the next step is - you told them in your LBA - take them to court.

 

Incidentally, the OFT did not say that a £12 charge is a fair amount.

Hi

Moneyclaim filed online 26/06/06.(Claiming £219) Received monthly statement 29/06/06 with £105.85 worth of previous charges paid INTO my account.

Any idea what happens now?

Regards

Kev

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Write to them thanking them for the part payment of your claim, and inform them of the remaining amount required to settle the claim.

 

You don't need to inform the court at this stage that you have received a part payment.

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  • 2 weeks later...
Write to them thanking them for the part payment of your claim, and inform them of the remaining amount required to settle the claim.

 

You don't need to inform the court at this stage that you have received a part payment.

 

Hi

Sent a letter as you suggested, received reply today(13th July) thanking me for the time to write blah blah..as previously advised in letter dated 16th June maximum refund would be the difference between original charge(£25)and what OFT deemed to be a fair amount(£12). If I intend to take this matter to court (which I did on 26th June) then they will defend action and rely on this letter.

I noticed that Andyace has had a result without filing moneyclaim?

Regards

Kev

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Received letter from the judge stating I can use MY local court,also received defence claim from citi via their solicitor Brian Smith. When i submitted the moneyclaim online (26th June) citi owed me £175 + interest +court cost (£209 total) when I received my statement on 29th June I noted that citi had refunded me £98.28 into my account. Brian Smith is now saying I knowingly issued a claim for an amount that was incorrect.

Any thoughts on this?

Kev

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Absolute b******s from what I can see

 

You'd be able to prove the amount was credited after you started action, so Icant see he's got a leg to stand on with that argument!

 

Nasty tactics though, what a ...........

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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sorry to jump on your thread but can yuo tell me the address 4 a prelim to citicars????

 

Best of luck with yours

regards kevinlufflum

 

 

c/o The Manager

Citi Cards

CitiFinancial Europe PLC

1 Exchange Quay

Salford

Manchester

M5 3EA

 

GOOD LUCK !!!

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Write to them thanking them for the part payment of your claim, and inform them of the remaining amount required to settle the claim.

 

You don't need to inform the court at this stage that you have received a part payment.

 

Hi

When do I inform the court of my part payment?

Regards

Kev

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  • 1 month later...

Received letter from Swansea county court. District judge has considered the statements of case and allocation questionnaires in this claim and has decided that a hearing is necessary before a final decision about allocation can be made.

Hearing set for October 16th 2006.

Looking closely at other claims against citi to see what they do!

Kev

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Good luck with this one, I am watching with interest as I am awaiting my defence. Did you find the allocation questionnaire easy?

First Direct - Settled in full :eek:

Lloyds TSB - AQ completed Central London CC :confused:

RBS - Settled in full :p

Morgan Stanley - Settled in full :lol:

Capital One - Settled in full ;-)

Citi Cards - Transfered to Mercantile Court 19/10/06

Nationwide - Settled in full 8)

Capital One Acct 2 - Prelim letter

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Hi kev

 

seems i'm in the exact same situation. I sent my LBA requesting £175 refunded and they have today replied offereing me the difference between the £20 and £12 fee totalling £91 which they are sending a cheque for as the account is closed.

 

I will keep an eye on your thread to see how it progresses as I think I will also need to go to court over this one!

 

Richard

Halifax Bank Account - Settled in Full £650 MCOL Stage

Halifax Credit Card - MCOL Filed (£100)

Halifax Personal Loan - LBA Sent (£80)

Citi/Associates Credit Card - MCOL Filed

Aqua Credit Card - MCOL Filed

MBNA Credit Card - Settled in Full with Contractual Interest

Capital One Credit Card - Settled In Full £100 Prelim Stage

GE Money Personal Loan - MCOL Filed

HFC Personal Loan - MCOL Filed

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Hi kev

 

seems i'm in the exact same situation. I sent my LBA requesting £175 refunded and they have today replied offereing me the difference between the £20 and £12 fee totalling £91 which they are sending a cheque for as the account is closed.

 

I will keep an eye on your thread to see how it progresses as I think I will also need to go to court over this one!

 

Richard

 

Hi Richard

Lickthewallfatboy's court case is set for September 26th. It will be interesting to see if Citi intend to take it all the way!!

Kev

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Hi All

I'm in the same boat

Case listed for 21.09.2006 @11.30

Don't suppose anyone has any advise out there.!!!!

I really don't know what to do now!!!!

 

Have A/Q to send in the next few days so I will be likely to be joining you both

Consumer Health Forums - where you can discuss any health or relationship matters.

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  • 1 month later...

thanks for the PM Kev

 

cold feet setting in,perhaps? ;)

 

maybe they are all beavering away on cobbling together a "breakdown" of charges for the court in Keren's case-or maybe they're just having a breakdown,now that they realise that they have sworn something under oath that may not be too easy to justify.......

  • Confused 1

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  • 1 month later...

Hi

Can some one advise me with this.

I received General Form of Judgement or order this morning.

It reads:-

Before District Judge Hendicott sitting at Cardiff County Court,Civil Justice Centre, 2 Park st Cardiff CF10 1ET.

Upon the courts own motion. The court has made this order of it's own initiative without a hearing. If you object to the order, you must make an application to have it set aside,varied or stayed within 7 days of receiving it.

 

IT IS ORDERED THAT

1.DIRECTIONS WILL BE GIVEN IN THIS CASE BY THE DESIGNATED CIVIL jUDGE.HIS HONOUR jUDGE G HICKENBOTTOM ON THE 21ST DECEMBER 2006 AT 10.30AM AT CARDIFF CIVIL JUSTICE CENTRE.

2.THE PARTIES MAY APPEAR IN PERSON OR MAKE WRITTEN REPRESENTATIONS AS TO HOW THE CASE SHOULD PROCEED PROVIDED A COPY OF THE REPRESENTATIONS IS SENT TO THE COURT AND THE OTHER SIDE AT LEAST 7 WORKING DAYS PRIOR TO THE HEARING.

DATED 20/11/06

 

I am unable to attend the court on this date as I will be out of the country, do I make an application to have it set aside, varied or stayed or provide a written representation to the court.

Any advice gratefully received.

Regards

Kev

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Lots of people in Cardiff court that day http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/47462-new-test-case-hearing.html

 

Be just like Rosemary in Bedford- likely rest will settle and only Citi wil lturn up.

Consumer Health Forums - where you can discuss any health or relationship matters.

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