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      SJP letter from courts - Car tax fine

      By notodebt · Posted

      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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    • dx100uk
      SJP letter from courts - Car tax fine

      By dx100uk · Posted

      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
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      Private Land parking issue

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      The boundary wiill not be the yellow line.  Dx  
    • notodebt
      SJP letter from courts - Car tax fine

      By notodebt · Posted

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Bad news :( HELP!

dannster

By dannster
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dannster

dannster

Posted
Posted

Hey guys,

 

I just rang HSBC to find out if they received my prelim letter by FAX on the 1st March.

 

I was put through to some snotty woman who said that the charges for returned direct debits etc was "justified because you went over your limit". She said that the charges cover their admin charges and if she said, and I quote: "If you keep your account in order, then you won't incur these charges. These charges are a deterant."

 

I told her that several of my friends with the same bank have been successful with and had all their charges refunded and she said "It depends on their individual circumstances."

 

I then said: "They were in the same position as me. They're students with a student account with HSBC and more-or-less incurred the same total in charges over the exact same period, and all their charges were the same as mine (ie returned direct debits, card misuse). Why did they receive a refund of ALL charges?"

 

She then said: "Again, it depends on their individual circumstances. What do you suggest is the reasonable fee we should charge?"

 

I said: "I don't know the amount but £30 for a returned direct debit is eccessive."

 

She said: "Ok, there's nothing we can do. We're standing with not refunding these charges as they're set out in the terms and conditions."

 

I said: "Ok, after these 14 days have passed, I'll be submitting a claim to the small claims court."

 

She said: "That really is fine."

 

And that's it! She previously said that there was no record of a complaint on the system - But they sent me a letter with a leaflet explaining they're dealing with it and I sent them a FAX...I feel so unvalued now :( :( :(

 

What should I do?

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dannster

dannster

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This is crazy...aren't they meant to keep records of complaints?! I don't get it and I don't know what to do next :(

 

If they say they haven't received the prelim letter giving them 14 days, then I can't summon them to a small claims court can I?

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lee6370

lee6370

Posted
Posted

Don't worry, it's what they all say, let's face it their not going to say "hold on your right £30.00 what a rip off, wait a minute and i'll refund your money". In fact she seems nice compared to some of the bank staff i've spoken to.

 

They want you to feel like it's your fault and you've got what you deserve, don't know what was in your 1st letter, but send a letter telling them your taking them to court and given them 14 days, you'll need to detail the amount, etc. use the one in the library.

 

They may or the may not respond to your next letter, either way don't phone them, but be prepared to go to court.

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dannster

dannster

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Oh god! I didn't think it'd get to the stage where I'd have to consider taking HSBC to court??

 

I thought they pay up before it gets that far?

 

What should I do now Dave? Should I send another letter? If so, which one?

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dannster

dannster

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Ok, I will take them to court if I have to...I'm certainly not worried about that :)

 

Where I live though, my Dad owns the property (he's a property investor)...would it effect him, his properties or his finances in anyway?

 

How much would it cost? My partner is a solicitor but that's in corporate law and he doesn't know much about this, so would I need to hire someone who specialises in this sort of thing? (If there is a firm that specialises in this sort of thing?!)

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ispartacus75

ispartacus75

Posted
Posted

First of all they cannot levy your debts against your father unless your father was already a guarantor on your account (dont even know if it applies to accounts, it can apply to loans).

 

Second of all.....

I was put through to some snotty woman who said that the charges for returned direct debits etc was "justified because you went over your limit". She said that the charges cover their admin charges and if she said, and I quote: "If you keep your account in order, then you won't incur these charges. These charges are a deterant."

 

If ithis is a verbatim quote from the woman on the phone you NEED a transcript of this conversation.

 

'These charges are a deterant' This is what we have been looking for isnt it? Someone to admit that the charges are there as a deterant/penalty.

 

Someone correct me if I am wrong

Paul

 

Halifax Status

LBA Sent 11/04/06

1/3 offered by phone 20/04/06 - Rejected

BCT Status

Statements Recieved 31/03/06

Capital One Status

Recieved Lie/Reply 24/04/06

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ispartacus75

ispartacus75

Posted
Posted

Data Protection Act. You are entitled to it if they hold it.

 

Always better to record the conversation youtrself tho as well.

 

I read on hear somewhere I think that is not illegal to record a conversation even without the other parties knowledge. Is there anymore on that? Legal precidence?

Paul

 

Halifax Status

LBA Sent 11/04/06

1/3 offered by phone 20/04/06 - Rejected

BCT Status

Statements Recieved 31/03/06

Capital One Status

Recieved Lie/Reply 24/04/06

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dannster

dannster

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Hey :)

 

They've sent the tape to my nearest branch: 40-01-65 and the branch will call me when they receive it. Does anyone want to meet up and listen to it with me?

 

I know myself that she said it's a deterent so it will be quoted on the tape :D

 

What can I then do with that? lol Can I keep the tape and play it to the judge in court?

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karonus

karonus

Posted
Posted

I would like to reassure the original poster, these comments as someone has already commented, are simply that, comments. I do corporate debt recovery and experience all sorts of comments such as this to avoid paying overdue debts.

 

As for legal action what are you afraid off. If your partner is a solicitor you are in a much better position than others on this list. The legal action advocated on the list is a basic small claims action. Your partner should be able to do this without any problem.

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dannster

dannster

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I would like to reassure the original poster, these comments as someone has already commented, are simply that, comments. I do corporate debt recovery and experience all sorts of comments such as this to avoid paying overdue debts.

 

As for legal action what are you afraid off. If your partner is a solicitor you are in a much better position than others on this list. The legal action advocated on the list is a basic small claims action. Your partner should be able to do this without any problem.

 

Ok, he won't be home til later this evening so I'll ask then. If he can help in any way for anyone else, I'm sure he'll be willing to :) But like I said, he's in corporate law so maybe I'd need someone who specialises in this sort of thing?

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Natasha

Natasha

Posted
Posted

Dannster, you know when you sent the fax it gives you a receipt saying its been delivered etc, do you still have it?

 

You can even send a letter and fax/email reminding them that they only have x amount of days left before you take legal action.

As dave say's, "the clocks ticking".

Natasha

 

Abbey-received DPA letter on 13/03, received some breakdown till 2004 waiting for the more recent ones(where most charges occurred)

sent reminder email on 17/4/06

called abbey on 19/04/06 to remind them:rolleyes:

sent another email on 26/04/06:mad:

Approx charges £2500

received £500 refund in dec 06

sent LBA

Capital one- sent DPA letter 17/03

Sent prim letter for charges of £260 14/04

Received a refund £109 awaiting further refund of £151

Settled IN FULL

Barclay card- Sent DPA letter 17/03 sent reminder 14/04

received info claiming £120

settled in FULL

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richardc

richardc

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Posted

As he is a specialist in corporate law he will be an expert in contract law

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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dannster

dannster

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Dannster, you know when you sent the fax it gives you a receipt saying its been delivered etc, do you still have it?

 

You can even send a letter and fax/email reminding them that they only have x amount of days left before you take legal action.

As dave say's, "the clocks ticking".

 

Ah, my fax machine didn't print a report :? It never does to my knowledge...only when I unplug the phone does it then print off about it being turned off.

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dannster

dannster

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As he is a specialist in corporate law he will be an expert in contract law

 

Ok, I'll ask him when he gets back :) Hopefully he'll be able to help! I didn't want to get him involved though so I haven't told him - He's always very critical when I moan on about legal things...!!

 

If he can, then I'm sure he'll be more than willing to offer some advice on here :)

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BankFodder

BankFodder

Posted
Posted

If you get a tape then we would like a copy please.

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Mgizmogpc

Mgizmogpc

Posted
Posted

Wouldn't we all like a copy! Shall I form an orderly queue? It could appear in the National Newspapers like those queues everytime an NHS Dentist opens up, except this one would stretch to china... :p

all ideas and information exchanged willingly, bounce the ideas around,it helps everyone at the end of the day, good luck to you all and God Bless...LoL Graham & Yvonne

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daniel_r_clarke

daniel_r_clarke

Posted
Posted
Wouldn't we all like a copy! Shall I form an orderly queue? It could appear in the National Newspapers like those queues everytime an NHS Dentist opens up, except this one would stretch to china... :p

 

Ha yeah it would, has anyone actually got a hold of this and let the general press know? I mean we all know its an outrage, but everyone just lives with it! God i'm still annoyed from getting my letter before!!

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dilligaf

dilligaf

Posted
Posted
Faxes, first class mail etc... is all considered a reasonable way of a letter of pre-action.

 

Hi all

 

just to let you know that the only legally recognised method of communication delivery is the post. Any letter that that has been posted in this country is considered delivered by law, irrespective of the fact of wether the recipient recieved it. I have just had a refresher course on contract law end of last year and this was one of the topics. I'll try and dig out my notes to give some detail but I hope this helps.

 

Dilligaf

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richardc

richardc

Posted
Posted

Yes - appreciate what you're saying and references will be very useful if you could get them for us.

 

However, as regarding the practicalities, what everyone wants is action from the recipient bank. Regretably, the performance of the Post Office in delivering 1st Class and Recorded Delivery mail is about the equivalent of the baggage handlers at Thiefrow Airport.

 

Banks will use any excuse to not respond or delay claims against them in the hope that we will get frustrated and give up. They play dirty. I strongly recommend that all correspondence is delivered by Special Delivery and a copy emailed. If possible, a copy should be handed in at your local branch and signed for or note taken of date, time and the name of the person to whom you gave it.

 

Sorry if this is a bit laboured, bot the message does get through!

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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dilligaf

dilligaf

Posted
Posted
Yes - appreciate what you're saying and references will be very useful if you could get them for us.

 

However, as regarding the practicalities, what everyone wants is action from the recipient bank. Regretably, the performance of the Post Office in delivering 1st Class and Recorded Delivery mail is about the equivalent of the baggage handlers at Thiefrow Airport.

 

Banks will use any excuse to not respond or delay claims against them in the hope that we will get frustrated and give up. They play dirty. I strongly recommend that all correspondence is delivered by Special Delivery and a copy emailed. If possible, a copy should be handed in at your local branch and signed for or note taken of date, time and the name of the person to whom you gave it.

 

Sorry if this is a bit laboured, bot the message does get through!

 

Trust me this is infallible if you have sent a letter via the royal mail it is considered delivered and is undisputed.

 

Dilligaf

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BankFodder

BankFodder

Posted
Posted
Faxes, first class mail etc... is all considered a reasonable way of a letter of pre-action.

 

Hi all

 

just to let you know that the only legally recognised method of communication delivery is the post. Any letter that that has been posted in this country is considered delivered by law, irrespective of the fact of wether the recipient recieved it. I have just had a refresher course on contract law end of last year and this was one of the topics. I'll try and dig out my notes to give some detail but I hope this helps.

 

Dilligaf

 

Although this is a useful rule which provides some certainty in contract law, outside the law of contract one has to look to the circumstances and the rule ceases to be a rule but may only be used as a rebuttable presumption.

 

Even within contract law the rules has limited applicability.

If your notes don't say this then leave them where they are.

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  • 12 years later...
dannster

dannster

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This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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