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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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jellybabe vs Argos (Hubby's account)


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ok, is this the one i'm sending?

 

 

I now understand that the regime of fees which you have been applying to my account in relation to late fees and letter fees , are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

 

Please find enclosed a revised Schedule of Charges.

I calculate that you have taken £753 plus £1191.29 which you have charged me in interest at your advertised rate for the sums which you have taken. Total £1944.29.

 

I require repayment in full of this money. If you do not comply fully within 7 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.

 

Yours faithfully,

 

Thaaaaanks,

jellybabe

 

will try and work on that letter to BC now.Am not very good with things like that but will give it my best shot :)

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No, you see, the prelim and LBA are so that you give the other side 1 month, +/-, to give them a chance to settle out of court so that you can't be accused of having used the court system unduly. In your case, having delayed for 2 years, I think we can safely assume no judge would think that, lol. Therefore, you are out of courtesy sending them a reminder with updated figures, you give them 7 days in your infinite generosity and spirit of cooperation, and on the 8th day, you sue their backsides.

 

I was just thinking, how much did you pay in total to various DCAs over that account? if you really want to hit them, you could actually add THAT to your argos claim, as these are monies which THEIR negligence forced you to pay, if they hadn't screwed up and then refused to get matters straight, you wouldn't have had to pay the DCAs, so why shouldn't argos be made responsible for those too?

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will this do?

 

Dear Sir/Madam,

 

I'm writing to you in relation to my ongoing Dispute with Argos Card Services regarding my request for repayment of Charges.

Please find enclosed a revised Schedule of Charges for your convenience and ease of reference.

I calculate that you have taken £753 plus £1191.29 which you have charged me in interest at your advertised rate for the sums which you have taken. Total £1944.29.

 

I require repayment in full of this money. If you do not comply fully within 7 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.

 

Yours faithfully,

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and this to BC???

 

Dear Sirs,

Re: Account in dispute

I am writing to clarify that I am currently in the process of filing a County court Claim against Argos Card Servcies requesting a refund of charges unlawfully made to my account.

I note from your latest correspondence that you are proposing to issue me with a Court Claim on this account. I need to make you fully aware that I am disputing the sum owed and,

as such, you must refrain from any further action until this dispute is fully resolved.

The current Banking Code (Section 13.6) states: We may give information to Credit Reference Agencies about the personal debts you owe us if:

You have fallen behind with your payments,

The amount owed is not in dispute; and

You have not made proposals we are satisfied with for repaying your debt, following our formal demand.

I would also like to make you aware of The Office of Fair Trading Code of Guidance in which it states: putting pressure on debtors or third parties is considered to be oppressive.

This includes ignoring disputes about whether money is owed and refusing to freeze action if the debt is in dispute.

 

If you do not stop this action and proceed , I shall be forced to have your action stayed.

I therefore hope to receive your full co-operation in this matter and would like to request a written response to that effect.

 

Yours sincerely,

I just amended a different letter i had, told you i'm not too good with wording letters like that.

 

I'd rather just used two words ;)

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Personally, I like to keep it clear and simple, I don't use legal jargon if I can help it. Better write something simple you understand than quoting a CPR and if someone asked you what that part of the CPR means, you go "hmmmm". But ultimately, as long as they get the message, that's all that matters. :wink:

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and this to BC???

 

Dear Sirs,

Re: Account in dispute

I am writing to clarify that I am currently in the process of filing a County court Claim against Argos Card Servcies requesting a refund of charges unlawfully made to my account.

I note from your latest correspondence that you are proposing to issue me with a Court Claim on this account. I need to make you fully aware that I am disputing the sum owed and,

as such, you must refrain from any further action until this dispute is fully resolved.

If you do not stop your actions and proceed , I shall be forced to have your Claim stayed.

I therefore hope to receive your full co-operation in this matter and would like to request a written response to that effect.

 

Yours sincerely,

I just amended a different letter i had, told you i'm not too good with wording letters like that.

 

I'd rather just used two words ;)

 

Is that better??

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Thank you.....i'm chanting away....kids think i'm being weird now! LOL

 

Both letters will be in the post later today via special. I know, recorded would probably be sufficient, but i had quite a few letters sent recorded in the past and never got signatures for them! :-x

So i am making double sure in this case!

 

Thanks for all your advice, it is greatly appreciated! xx

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Both letters sent yesterday via special delivery.

Argos received theirs already and am just waiting for confirmation of delivery to BC.....

 

TICK TOCK TICK TOCK!

Is it 7 days or 7 working days :) Don't want to give them too much time :)

 

jellybabe

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Thank you, just checked on Royal Mail again....and i can't F**** believe it. It doesn't show anything if my letter to BC has been delievered!!! I thought by spending £5.05 that should guarantee me a signature and delivery confirmation, and that was the letter where i deff wanted a signature for!

I am sooooo MAD right now!:-x

 

I suppose i will have to wait and see if the signature shows in a couple days or so......

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For future info, you only need to send special if you want to make sure it has been delivered. If you just want proof that you posted it, then a free certificate of posting from your PO will do nicely. The onus is not on you to prove that it was delivered, only that it was sent. :wink:

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LOL, you're not supposed to be more scared of me than of them!!! :lol:

 

OOH- I dunno :peep:

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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  • 6 months later...

Hi everyone,

 

I have long ongoing dispute with Argos and now Bryan Carter.

 

No Valid CCA has been supplied and there are charges on the account. I know, i should reclaim those charges first. Started it a few times and then stopped it at lba stage, either due to money problems or not having the perseverance.

 

I have now received a totally unacceptable Final Settlement offer from Bryan Carter.

 

I would like to send them a re-offer of maybe 10% or start at 5%?

 

Could anyone please advice and help me with the wording on this please. I want them to know that i know the CCA is unenforcable and also that there are charges on there, which means the amount they claim is wrong anyways.

 

i tried, but i think this doesn't sound too intelligent:

 

FINAL SETTLEMENT OFFER

 

Dear Sirs,

 

Account in serious dispute

 

We write with reference to the money which you are claming on the above account, and your Final Settlement offer dated *********.

 

 

As you are aware, this account is now in serious dispute. We have made a valid request for a properly executed agreement for this account which, as of today is stilloutstanding, which alone renders this alleged debt unenforcable at Law.

 

Also, the amount you seem to Claim is likely to be partially if not wholly made up of Penalty Charges.

 

However,as a matter of goodwill and to finally resolve this matter, I am willing to offer you 10% of the amount you are claiming as an ex−gratia payment in full and final settlement of the account. This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that we will be released for any liability.

 

We also request that, if accepted, you will remove any adverse entries regarding this alleged account on a all credit reference agencies and make an entry file relating to the above account as "satisfied" in full.

 

The Payment of £***.** (10% of the amount claimed by you) can be made within 2 weeks of receiving your written agreement of this offer and method of payment.

 

We look forward to receiving your reply

 

I would be grateful if anyone could help me out please.......

 

Thanks,

jellybabe

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so are BC giving you a 'discount' from the full amount if you settle?

 

if so, then i'd totally ignore them

 

they'll go no-where near court for fear of a counter claim on charges/ppi.

 

i take it you have CCA'ed these people?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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