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Manxman in exile

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Manxman in exile last won the day on April 21 2019

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  1. Errr...they cannot rebut presumed delivery of what? What has the OP sent to the DVLA within the context of the Interpretation Act that applies here? (If you know, please share with us). The site I've quoted clearly states when a DD will not renew. I will go so far as to agree with you as to the question: "I've notified the DVLA of a change of details. They have not acknowledged the change. Am I obliged to do anything more?" I agree that that is a very good question. But it doesn't apply here as the OP "forgot all about it and got on with their life". A mistake.
  2. Maybe we're splitting hairs or we're at cross-purposes? The reason for the OP's problem is that he doesn't have the V5C (or there's no RK with the DVLA) which is why the DD he thought would automatically renew did not. And they don't send a reminder in those circumstances. So it's a driver's responsibility to ensure that their tax is up to date - especially if they don't get an email or letter from DVLA confirming that the DD has renewed. I presume we are agreed that it's up to the driver/keeper to keep on top of this and not just forget about it? "Renewing your vehicle tax Your Direct Debit for vehicle tax will renew automatically when it’s due to run out. You’ll get an email or letter telling you when your payments will be taken. You will not be sent a vehicle tax reminder letter (V11). Do not tax your vehicle again. If you do, you’ll be charged twice. The vehicle keeper must have a vehicle logbook (V5C) before the vehicle tax is renewed. If the vehicle keeper does not have a V5C Your Direct Debit will not automatically renew if there’s no vehicle keeper in DVLA’s records. You can tell DVLA who the vehicle keeper is online. If you do not get an email or letter when your vehicle tax runs out, you should contact DVLA." https://www.gov.uk/vehicle-tax-direct-debit/renewing
  3. You may be right in that you can't, for instance, pay two years in advance. But you can set up a DD which, on my reading of the above links, will automatically renew if the vehicle has a RK, and the DVLA will email or write to the RK confirming when the new payments will be taken. If you have a DD and don't get such an email or letter from the DVLA, you should contact them as something is wrong. If the OP was never recorded as the RK (whether that's his fault or the dealer's) then the DD he set up won't renew - or at least that's how I read that link. I may be wrong. Re that other thread: is that arguing that it's just a civil debt or that it's summary only and an information has to be laid within six months? (Sorry - I'm a bit dense!). If the latter, I suppose many of these will be continuing offences? Also regarding that other thread, I do wonder if people ever actually get prosecuted and convicted... Although I would not want to test that.
  4. I wonder if DVLA have ever prosecuted in these circumstances and got a conviction? (I am not saying it would be safe for the OP to run the risk.)
  5. My understanding is you can set up a DD to tax a vehicle without being the RK, but if you are paying by DD, the DD will not renew unless there is a RK. https://www.gov.uk/vehicle-tax-direct-debit and https://www.gov.uk/vehicle-tax-direct-debit/renewing You have to keep a reminder in a calendar or something. If paying by DD the website says you must contact DVLA if you don't receive a reminder letter or email. I don't know what the law actually says, but the way the DVLA operates, it's probably a mistake to "forget about it and move on with life". Always keep a record of tax expiry. EDIT: I presume you can set up a DD to cover the situation where you buy a vehicle and need to tax it before you are processed as the new RK? Thereafter you have to be the RK for autorenewal
  6. Mart1980 - is there any reason you didn't have your 'phone with you while you were watching football (I presume down the pub)? I have a 'phone but it's hardly ever with me, if it is I never answer it, and I don't surf the net on it. I've noticed, however, that most other people display symptoms of panic and anxiety if separated from their 'phone for more than about 60 seconds. Why did your wife have it and not you?
  7. Citizens Advice Bureau may be able to advise of any local solicitors who offer free 30 mins legal advice.
  8. I think those are questions worth asking (and that might be asked!). I was also going to ask if there's any reason why the wife isn't on the electoral role (#129). I've also tried hinting that the wife could (just possibly!) have transferred the money elsewhere. It's a strange situation. I don't think the bank will be sympathetic - on the face of it the OP authorised the transactions. (His wife had his card, she had his 'phone and it appears she must have replied to the message sent by the bank querying the transactions - as I understand it).
  9. Can you not get your wife to make a SAR (as suggested by London1971 on pages 1 and 5 of this thread)? Surely the fact that she can't remember her username and password is irrelevant? She simply makes a SAR of Ladbrokes asking for details of the transactions she made on such and such a date. They must(?) hold that information against her name, surely. They can't say they have no record of the transactions*. I think you're going to have to go to the Gambling Commission and if you get no satisfaction from them, sue Ladbrokes. I would still be concerned, however, that either or both of them may initiate some sort of fraud investigation - on the face of it it does look a bit suspicious even if you can establish that your wife lacked the dishonest intent to commit fraud. I would still want to get legal advice. Some firms of solicitors will offer 30 minutes of free legal advice which might help you steer in the right direction. If you live in a university town some Law Departments might offer a similar service. (But remember, free legal advice may not be as reliable as if you pay for it. * I hate to say this again, but if your wife did not have to go through the ID process outlined by hello12345 in #127, and if Ladbrokes say they can't trace the account, are you absolutely sure it's gone to Ladbrokes? Could it have gone somewhere else? Are you directing your questions to the correct part of the Ladbrokes business?
  10. Mart1980 - what have Ladbrokes actually told you? I ask because, having spoken to people who do use gambling sites, it's surprisingly (to me at least) common for people to find that they cannot withdraw their funds and that the gambling company won't tell them why. Apparently this happens when the account is "under investigation" for some reason (usually suspected breach of money laundering legislation). When this happens they will not allow you to withdraw your money, and they also won't tell you why you can't (Catch 22). Upon completion of the investigation the money will be released - assuming everything has been found to be above board. I'm wondering whether in the circumstances you describe, Ladbrokes consider the transactions "suspicious" and are investigating the account. Have they told you that they won't refund the funds without telling you why (despite the fact that this seems to be a breach of their own T&Cs), or have they simply told you that they consider your wife lost the money on bad bets (again despite their T&Cs) and that that's your tough luck?
  11. I've already suggested better ideas in posts 42, 45, 52, 85 and 90. (Sorry about your ears by the way...) To summarise: the bank is a non-starter for several reasons listed in earlier posts; Ladbrokes appear to be at fault. If they aren't going to budge then the OP needs to complain to the Gambling Commission (unless this Ladbrokes entity is incorporated somewhere like Malta, Gibraltar, the Isle of Man etc). The potential difficulty here is that the Gambling Commission may have some sort of statutory duty to inform the authorities of what might look like some sort of potential fraud; Hence the OP might find paid for legal advice helpful before going further. Only the OP can decide if the cost of this is warranted compared to getting 13k back, or the possibility of a fraud investigation; I'd also seek advice from a Gambling Charity, not because I'm suggesting the wife has a gambling problem, but because the OP is more likely to find people who have experience of dealing with gambling companies. I'm not certain going down the social media route is right because the OP is going to have to explain that his wife had both his card and his mobile phone and gambled away 13k while drunk. The OP may this embarrassing and not want to publicise it, and if he doesn't, I fear Ladbrokes might. They may also decide to go down the fraud route. I don't think you can shame gambling companies into doing anything.
  12. (Thought I'd posted this yesterday but obviously didn't) What makes you think Ladbrokes would be susceptible to a bit of naming and shaming on social media? They have to be capable of being shamed or have some sort of social conscience for this to work. They don't give a sh1t about adverse publicity. Do you not listen or watch news items about the gambling industry? Do you really think they've won an award for helping a charity? They're Ladbrokes. Their whole business model is significantly based on exploiting vulnerable people and those with some sort of gambling problem. Criticism on Facebook won't affect their profits. EDIT: Also the OP might well be reluctant to advertise this on Facebook. His circumstances might not garner a lot of sympathy from some people.
  13. As somebody suggested on page 1, the OP and his wife could make a SAR of Ladbrokes. Of course, it may not be at all "odd"...
  14. I think you're going to find it an uphill battle with the bank. I think the problem is Ladbrokes (and the Gambling Commission if you get nowhere with Ladbrokes). What I simply do not know is whether Ladbrokes and/or the Gambling Commission may be under some statutory obligation to report a potential fraud in your circumstances, which obviously you want to avoid. (I appreciate that the industry is largely unregulated but it's been in the news a lot lately with bad publicity and who knows whether or when they may want to investigate further). Apart from seeking legal advice, have you thought about contacting Gamblers Anonymous or any other gambling charities or help organisations? I appreciate that they mostly deal with people with a gambling problem/addiction, but I would have thought they were likely to have more knowledge about these sorts of disputes with gambling companies than most posters here. Just a thought. Good luck...
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