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    • 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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    • 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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    • 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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banks fault dd failed! bank charges


binkhus
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my husband has a regular dd which comes out on the 19th of each month, we have been really carefull to make sure money is in for this dd to stop getting charges ect. this month the 19th fell on a monday, on the friday (16th) we went to draw £10 out and we were over the limit! the bank had taken the dd early. we called the people who we pay dd to and they didnt ask for it early and sugested we talk to bank.

we looked online and it showed the payment had come out but it had mondays date next to it so we assumed we wouldnt get any charges on the account as more money way being paid in on the monday.

but we did getg charged £30, went into bank today and they insited at first the payment hadnt come out till monday and when we showed the printout with fridays date showing the dd had already come out she said that all dd payments had to be proccessed 24 hours before they were due to go out! and if a dd was due on monday the funds had to be cleared by 5.30 pm friday.

surely if this was the case the due date for a dd would have to show that date?

any advise please

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Hi Binkhus

 

Firstly what time did you draw £10. If it was after 6.30 pm it would automatically be showing automated transactions for the next working day ie the monday, but with mondays date.

 

The charge you recieved was it for return of DD or overlimit charge. If it was overlimit charge you would have had until 6.30pm on the monday to get funds into the account. If it was an unpaid item charge, Barclays T&C's clearly state that funds have to be available the previous working day.

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we couldnt get the £10 out! on the friday we had £45 in bank and the dd was due on monday for £55 but bank took it early so on friday we had no money and we were overdrawn at bank then they charged us £30 too.

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Hi Bink,

 

Your best bet, by far, is to go back to your branch and demand (politely) that the Penalty Charge be refunded at branch level as they have the discretion to do this. Insist on speaking to a branch manager or write to him/her to get refund.

 

If they refuse, you can take court action to recover this but it's a lot of faffing for one charge.

 

More importantly, make sure you understand HOW this happened so you can avoid it happening again.

 

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they are going top refund it but im still mad that they can take money 24 hrs before its due...... oh and it take 48 hrs for them to refund the charge.

total joke that they can do this sort of thing, the banks just make the rules up as they go along.

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Binkhus

 

Do you bank online?... what date is the dd showing on the statement. Providing its showing as the 19th and you had sufficient funds in the account by the close of play on the 19th you should not have recieved the paid referral fee. Paid Referral is basically an overlimit charge.

 

If you can prove that simply take your statement into the branch and say "look we were inside our limit, the dates prove it"

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Yeah the date said the 19th but the woman at the bank said the money had to be in by 5.30pm friday (16th) or they could charge us! i looked online on the 16th and the money had already gone out but the date it showed was the 19th. i mean she eventually said they would give me the money back as a gesture of good will but they had done nothing wrong! iv never heard of this 5.30 the previous day thing.

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The previous day thing does exist, unfortunately. A Paid referral fee relates to being over your agreed limit. If you were inside your limit on the dates shown on your statement then you have been charged incorrectly. You indicate that they offered to refund the charge, have they?

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