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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  So brief outline. Purchased car Jan 30th ,garage paid the tax for me after I gave them my card details so 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 so slightly longer than the original tax set up so 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. So 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 so 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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Barclaycard/Mercers Dept Collectors


Gazza112
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Hi Bazaar

 

Yes, found the template for doorstep callers that i used for Power2Contact.

This is the completed letter incorperating your letter you kindly put up for me, which looking at the letter as a hole looks preaty impressive.

 

Date: 15.1.2009

 

Credit Solutions Limited

Capella Court

Brighton Road

Purley

Surrey CR8 2PG

 

Dear Sir/Madam

 

Re: Account/Reference Number

Postage Reference: DL GB

 

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***DCA*** and has been since ***Date 25th September 2008 ***

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

 

As ***DCA*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to ***DCA*** for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities.

 

If ***DCA***chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

Also I would like to point out that you mentioned that you was intending to send out a Doorstep Collector.

You are reminded of the following under The Administration of Justice Act 1970.

 

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Further to this all calls from your Doorstep Collectors must also cease unconditionally and with immediate effect. I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.

 

Be further advised that any further telephone calls from your company will be recorded

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

Yours faithfully

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Hi Becca

 

No problem, there first hand your account to there inhouse collectors Mercers from there it will go back to Barclays. Then with me it then went onto Power2contact where after a couple of letters went back to Barclays which have now sent my account onto credit solutions. Which i look forward to the challange.

 

Good luck in your case, if you need any advice i'm sure me or one of the other Cag members will help you out.

 

Gaz

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Hi there. Just out of interest, is the situation regarding doorstep callers the same in Scotland? Just thinking about when I get further down the line with Barclaycard.

 

Thanks;)

 

 

Hi Becca

, Well as long as there's no Hose pipe ban in Scotland, I can't see anyone having a problem with you watering your garden and accidentally wetting anyone and the inside of their vehicle if you 'didnt see them standing there tresspassing ' on your property:D

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Hi CitizenB and all

 

Ok seems Barclaycard's sold my account on, as Barclay's not going to send anymore statements through to me. Credit Solutions seem to taken up this account know. What would be the next plan of action with this company, at the moment in the last two days i've received 1 text message, 1 recorded message on my main line phone yesterday. Received 1 phone call to day which i answered but made out i was someone else.

Here's the letter i received from this company today.

 

CreditSolutions15120090001.gif

 

Gaz

 

I note they say they are going to add 1% interest a month. Now is this in addition to the interest that is already being charged or are they no longer charging interest on the outstanding amount ?. Next question, are they allowed to do this ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

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1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi All

 

Just received a letter from Barclaycard, Now according to there last corrispondance they where closing this account down and selling it on.

Here's the letter i received today from them.

 

BarclaycardLETTER19120090001.gif

 

 

 

bARCKAYCARDLETTER19120090002.gif

 

Other than this letter, not had a reply to my 31.16 letter i sent.

 

Gaz

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Hi

 

Just been receiving calls again from Credit Solutions on my land line and mobile. Know i sent this company an Harrassment by phone letter of to this company last week which they should of received on Friday as the letter was recorded.

 

 

Gaz

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Hello G112!

 

I'd drop a line to Barclays Bank plc to tell them you have not made a £1 part-payment.

 

The only £1 you have paid them was for a Statutory Fee in relation to a CCA Request.

 

Why?

 

Because the addition of the £1 to the alleged Agreement/Account is their little way of trying to re-set the Statute Barred Clock ticking...i.e. the 6 Years will start from the date of that £1 Payment unless you get a letter in quick to deny all knowledge (send it Special Delivery to make sure you have proof that the letter was received by them).

 

I don't know when you last Paid them, but you want the Statute Barred 6 Year Clock to start ticking from then, not from when the £1 Statutory Fee was paid.

 

It could be worth the hassle to send this, otherwise the £1 on the alleged Account history could extend the time for a lowlife DCA to keep bothering you.

 

Cheers,

BRW

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Hi Banker rymes

 

I have been paying them a token payment of a £1 on the account for the past 6 months. Probably be best to stop that payment from now on, and get a letter of to them. Is there a template letter that covers this.

 

Gaz

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Hello G112!

 

Ah, sorry for that.

 

I jumped to the conclusion that the £1 was a CCA Request.

 

OK, sadly, that means the 6 Year Statute Barred Clock re-sets every time you pay them £1.

 

Unfortunately, that is the main reason why the bankers allow people to make a small token Payment. It's not because they want the £1, it's because they want to keep the alleged Debt live and always 6 Years away from falling off the edge where they can no longer chase you.

 

Cheers,

BRW

Edited by banker_rhymes_with
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With you now Gazza.

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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hiya gazza and all

 

may i also sub as today received the doorstop collector letter and i wish to reply to that so will take bits of the letter posted earlier if i may

 

also will be updating my new thread on bcard im going to create now

 

laters and keep positive

angel x:cool:

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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hiya gazza and all

 

may i also sub as today received the doorstop collector letter and i wish to reply to that so will take bits of the letter posted earlier if i may

 

also will be updating my new thread on bcard im going to create now

 

laters and keep positive

angel x:cool:

 

 

Hi Angel

 

Welcome aboard my thread, by all means use anything that can be of help.

The letter i posted up on doorstep collector's should do the trick.

I'll keep a lookout for your thread.

 

Gaz

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many thanks, can you just confirm pls

 

im taking now BRW advice and sending all my correspondence to The Company Secretary at each of my creditors Registered Office address this way they cannot say didnt get my letters, also im going to use recorded delivery at 1.08 but not sure if for this letter use the registered post at 4.60

 

any ideas what you think best or how do you send your letters?

 

many thanks angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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