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Court Location for Sorn Hearing

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Bofh5
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PostPosted: 14:05 - 12 Mar 2013    Post subject: Court Location for Sorn Hearing Reply with quote

Hi all
My son has been getting texts from intercredit international on behalf of the dvla for failing to declare his bike as sorn.
He sent the sorn form off back in november but dvla say they never received it.
He sent them the standard letter quoting the interpretations act but the texts continued.
"Mr xxxx.
You must call regarding your unpaid fine on 02084476799 to avoid charges."

Today he received this one.
"Your case is being scheduled through the Northampton Country Court. Contact Jill Watson immediately.!

The thing is he lives in Reading and doesn't have transport so getting to Northampton will be a right pain.

Is there anyway of getting the case heard in the Reading court ?

Thanks
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P.
Red Rocket



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PostPosted: 14:09 - 12 Mar 2013    Post subject: Reply with quote

Wait for court papers. Have no further correspondence to the "debt collectors"

When papers arrive, inform them you have no transport and your local magistrates is "x" address

Adjust attached to suit SORN rather than V5.

Let win ensue.


Last edited by P. on 14:24 - 12 Mar 2013; edited 1 time in total
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Bofh5
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PostPosted: 14:13 - 12 Mar 2013    Post subject: Reply with quote

Thanks Paddy Karma
Poor sod was getting really stressed.
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chris-red
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PostPosted: 14:19 - 12 Mar 2013    Post subject: Reply with quote

For those that CBA to read Paddy's letter.


Dear DVLA,

You are wrong, suck my Plums.

Paddy
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P.
Red Rocket



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PostPosted: 14:23 - 12 Mar 2013    Post subject: Reply with quote

Bofh5 wrote:
Thanks Paddy Karma
Poor sod was getting really stressed.


Tell him not to be, they are inept wankers.

If you edit that, sticking to facts, stating you posted it etc... send a copy of that letter to the local DVLA office when/if you receive the summons. You have more than enough time between papers being raised. Ideally, send it with the not guilty plea (think its part D that they send you.)

They'll probably state that they are wrong and you are right in their letter...they did to me Laughing So take that to court to, rinse those fuckers. If your son is studying at Uni, explain this really is starting to cause unnecessary stress and if this harassment continues, you will seek recompense.

Say hi to them from me also Thumbs Up
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Bofh5
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PostPosted: 14:32 - 12 Mar 2013    Post subject: Reply with quote

Superb Thumbs Up

I'll get him to wear a t-shirt with paddy 6 dvla 0 on it Laughing
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P.
Red Rocket



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PostPosted: 14:35 - 12 Mar 2013    Post subject: Reply with quote

Bofh5 wrote:
Superb Thumbs Up

I'll get him to wear a t-shirt with paddy 6 dvla 0 on it Laughing


Do it.

All seriousness though, if it gets that far, dress nice. Does help Thumbs Up
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Joncrete Cungle
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PostPosted: 14:57 - 12 Mar 2013    Post subject: Reply with quote

Northampton is not what I would call a county court, more like a bulk mailing out of court papers place. Once you declare your intention to defend your case should be switched to your local county court.

EVERY time you POST something to the DVLA send it FIRST CLASS FROM A POST OFFICE and ask for the FREE PROOF OF POSTAGE!

If you then get an invitation to pay Crapita plc a bribe, write to them a curt letter stating you have complied with the law by returning the SORN declaration first class in the post. Quote them S7 Interpretations act 1978, they know it well. Show the beak your free proof of first class postage, quote S7 Int act 1978 to the beak and WIN!

The text to contact Jill Watson and mentioning Northampton sounds like the mobile phone version of sending out in the post a set of CC papers that have been filled in and look official. Except for the fact that the papers have been nowhere near a court and have no court stamp or Money Claim Online log in details on them, an underhand last min trick to try and pressurise non payers in to coughing up. I wouldn't worry 'til real stamped court papers hit the doormat, if they ever do.
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2 litre
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PostPosted: 15:12 - 12 Mar 2013    Post subject: Reply with quote

How did they get his number ? has he gave them it ? surely they cant just send a text out telling someone they're going to court ?
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Joncrete Cungle
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PostPosted: 15:15 - 12 Mar 2013    Post subject: Reply with quote

2 litre wrote:
How did they get his number ? has he gave them it ? surely they cant just send a text out telling someone they're going to court ?


The text is not from a court, it is from intercredit international purporting to be a court. Intercredit international probably got his mobile number from the DVLA, if he was daft enough to let the DVLA or other part of the state have it.
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2 litre
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PostPosted: 15:18 - 12 Mar 2013    Post subject: Reply with quote

Joncrete Cungle wrote:
2 litre wrote:
How did they get his number ? has he gave them it ? surely they cant just send a text out telling someone they're going to court ?


The text is not from a court, it is from intercredit international purporting to be a court. Intercredit international probably got his mobile number from the DVLA, if he was daft enough to let the DVLA or other part of the state have it.

Ah I see ta.
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Bofh5
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PostPosted: 15:20 - 12 Mar 2013    Post subject: Reply with quote

i just asked him and he didn't give them his number so dvla must have given it to them.

He tried ringing them and stating he had fulfilled his legal obligation under the interpretation act etc.
As you can guess they were less than helpful and just kept demanding £80 and they will make it go away.

When he asked them about the court location the low life said tough you have no choice.

Nice chaps at intercourse international
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Joncrete Cungle
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PostPosted: 15:26 - 12 Mar 2013    Post subject: Reply with quote

IF any court action is taken against him as an individual and not a business / company. It will be changed to his local county court.

https://www.justice.gov.uk/courts/northampton-bulk-centre/ccbc/frequently-asked-questions

Quote:
I have received a Notice of Transfer - what does this mean?

Your case has been transferred to the local court for hearing. If you as the defendant are an individual, this will be your local court. If you are a business, then this will be the Claimant or Claimant solicitor's local court. If you need more information regarding the hearing then please contact the court the case has been transferred to. If judgment has already been entered against you, then the case may have been transferred to enforce the judgment.


As no debt exists I would write a cease and desist letter to Intercredit, deny the existence of any debt and instruct them to refer the matter back to the DVLA.

The fact that they are sending out threatograms (imho) means they have little appetite for court. As if they had any intention of pursuing the 'debt' through the CC, you would have had real, genuine court papers hit the doormat by now.

All imho like. Wink
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P.
Red Rocket



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PostPosted: 15:28 - 12 Mar 2013    Post subject: Reply with quote

Cease all communication now.

Nothing, written, spoken... nada.

Await court papers. Thumbs Up
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Mr Calendar



Joined: 14 Jun 2004
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PostPosted: 15:29 - 12 Mar 2013    Post subject: Reply with quote

Just to be aware that even if you tell intercredit international you obeyed with the law they'll likely disagree with you.

See this thread (click-me link) in moneysavingexpert.com for example.

Appears they have been at this for years.

On a tangent isn't there a law preventing intimidation by text messages? If your lad feels intimidated should that not be reported to the telecoms people and/or the police for action?

Best of luck. Advice given above is okay and ties in with that in the moneysavingsexpert.com thread above.

HTH Thumbs Up
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Bofh5
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PostPosted: 15:37 - 12 Mar 2013    Post subject: Reply with quote

He has no idea how they got his mobile.
Other than the insurance company he hasn't given it out.

For now i've told him to follow what Paddy said.

The texts are quite intimidating which is the idea. They want to hound people constantly so they break and pay up.

Not this time
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LordShaftesbu...
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PostPosted: 15:42 - 12 Mar 2013    Post subject: Reply with quote

Joncrete Cungle wrote:
As no debt exists I would write a cease and desist letter to Intercredit, deny the existence of any debt and instruct them to refer the matter back to the DVLA.

What good would that do? You think they would pay a blind bit of notice?
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stinkwheel
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PostPosted: 15:47 - 12 Mar 2013    Post subject: Reply with quote

If it's a summons, it comes by post and says it's a summons.

It also says when and where you are summonsed to appear.

It also comes with documentation to plead guilty by post or have the hearing re-scheduled to your local court.

In short. It's not a summons, it was a notification that they intend to put a case to the court that has been disguised to look like a summons.

If I were you, I'd send details of this to the Office of Fair Trading. It would almost certainly count as a misleading trading practice.
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Joncrete Cungle
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PostPosted: 15:58 - 12 Mar 2013    Post subject: Reply with quote

LordShaftesbury wrote:
Joncrete Cungle wrote:
As no debt exists I would write a cease and desist letter to Intercredit, deny the existence of any debt and instruct them to refer the matter back to the DVLA.

What good would that do? You think they would pay a blind bit of notice?


They would probably not take any notice, but I would. When my request was ignored the matter would be reported to the Information Commissioner, Trading Standards and the OFT. If the OFT get enough complaints they start to consider sending out minder to revoke notices to miscreants. The minder to revoke notices cost the companies concerned not trifling amounts of time and money to fight.

https://www.credittoday.co.uk/article/14067/online-news/roxburghe-battles-to-retain-credit-licence

Quote:
Roxburghe is “vigorously defending” an attempt by the regulator to remove its consumer credit licence, according to its annual results statement.

The debt collection agency along with its sister company HFO Services, and parent firm HFO Capital, were issued with minded to revoke notices by the Office of Fair Trading (OFT) in May last year.
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thx1138
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PostPosted: 16:23 - 12 Mar 2013    Post subject: Reply with quote

I agree with stinkwheel.


As an aside, county court cases,I am fairly sure that the defendant can ask to have the case heard in their local county court. Magistrates courts, this does not apply.
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P.
Red Rocket



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PostPosted: 16:30 - 12 Mar 2013    Post subject: Reply with quote

What phone and does it come from the same number.

MrBlocker on Android is superb.
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Rogerborg
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PostPosted: 16:33 - 12 Mar 2013    Post subject: Reply with quote

No debt exists. As said, ignore until and unless an actual summons hits the mat.

If you want to hack off the debt collectors, here's how to complain. Start with the muggers, end at the Financial Ombudsman Service.

Hammer on the distress and inconvenience they've caused.

One thing though, what exactly are the DVLA accusing you of?

Failure to purchase VED? If so, you're golden, stick to your story.

If it's failure to either insure or SORN, then that's a stickier wicket, because there's a nasty "Prove your innocent" clause in there that might trip you up.

If the bike isn't insured and they haven't confirmed the SORN yet, do yourself a favour and SORN online ASAP.
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Bofh5
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PostPosted: 16:40 - 12 Mar 2013    Post subject: Reply with quote

##Paddy## wrote:
What phone and does it come from the same number.

MrBlocker on Android is superb.


Unfortunately its an iphone Rolling Eyes

I'm sure they must have the citrus equivalent.
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STONEY!
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PostPosted: 17:10 - 12 Mar 2013    Post subject: Reply with quote

.....

Last edited by STONEY! on 00:20 - 13 Mar 2013; edited 1 time in total
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Wonko The Sane
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PostPosted: 17:13 - 12 Mar 2013    Post subject: Reply with quote

I'd say pick a date and let them prove you wrong.

they can't prove you wrong, if they could there'd be not be taking you to court for not telling them!
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