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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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Natwest sold me a dodgy loan


stumpydave
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Not sure if this is the correct place for this post but here goes:

 

Back in about 2000 / 2001 NatWest called me in to the bank.I thought it was for a ticking off as my account was in a right mess. However, the woman told me she was off at the end of the week and needed to get her accounts in order! She then "sold" me a £15,000 loan (at the second attempt). The first time she tried based on my income it rejected, so she tried again including expenses as well, even though I pointed out that wasn't actually income. The loan was to pay off Natwest Visa (10k & overdraft about 3.6k, but she topped it up to give me a little extra).

 

Anyway, the loan went through and sure enough I defaulted quite quickly (along with about 6 other creditors).

 

I signed up with Payplan and have been happily (or unhappily) paying back ever since.

 

All creditors have been reasonable except NatWest. They pretty much immediately pursued the CCJ route, and I have now missed 2 payments because I lost my job and they are threatening a charging order.

 

Now I am working again and can resume payments but their solicitor is not really listening.

 

So I have decided to complain (via the financial Ombudsman) about mis selling. My points are:

1. Didn't ask for it

2. Bank employee falsified the figures to push it through

3. Bank new I was a problem gambler at the time

 

I have 2 qustions really:

1. How long will it take for them to get a charging order, and are there any delaying tactics I can use?

2. Any ideas whether I will "win" my mis selling complaint, or whether I have left it too late to complain? I've agonised over it for years, but always felt I needed to take responsibility for my actions, but now I have such a hatred for the bank...

 

House is currently on the market anyway, so would like to sell before they get a chance to take a chunk. Otherwise I'll just sell it for just enough to cover morgage & fees and leave them with nothing just to spite them!

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Was the loan secured against your house? If not, then how could they get a charging order? Have they actually filed court papers against you and if so have you acknowledged/put in a defence?

 

Do you have charges on your bank account and/or credit card accounts that you could reclaim?

 

The FOS are snowed under at the moment and couod take ages to deal with your claim, you might be better trying to make a case for hardship.

Edited by jonni2bad
Do not ask members to PM you for the purposes of advice. Please refer to site rules.
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Hi Thanks for the reply. The loan was originally un secured, which they sold me to pay off OD & CC with them.

 

However after defaulting I contacted Payplan, set up reduced payments etc with all creditors who have been very good about it, except Natwest. They immediately pursused the CCJ route, even though they still only get what I was offering a month. Now with 2 missed payments, spoke to the dreaded Shoosmiths, very inflexible and they say they'll speak to Natwest but likely to pursue a charging order.

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Looks like a good case for Irresponsible lending, commission driven loan approval by the bank's financial advisor..

 

As Paul has asked, how much do you have outstanding?

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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I think the overall outstanding balance is around 23k (that is Loan & overdraft & fees etc). Missed payments total £209.

 

Got a copy of the FSO complaint they have sent to Natwest today, but it is pretty basic. I'm thinking of writing my own letter setting out the key points etc. Would that be a more sensible way to go?

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I think the overall outstanding balance is around 23k (that is Loan & overdraft & fees etc). Missed payments total £209.

 

Got a copy of the FSO complaint they have sent to NatWest today, but it is pretty basic. I'm thinking of writing my own letter setting out the key points etc. Would that be a more sensible way to go?

 

Have you forwarded a S.A.R - (Subject Access Request) for these accounts.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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No. Not entirely sure:

a. What one is

b. What I do with it

c. What use it might be.

 

A bit of a novice at this I'm afraid.

 

 

 

Just ask for ALL data from ALL relevant filing systems that in any way relates to you! You can specify by including in your list something like:

 

Include your account numbers.

 

any loan accounts that may exist between the organisation and yourself

 

any credit agreements that may exist........ etc

 

e.g. like this:

 

SUBJECT ACCESS REQUEST – DATA PROTECTION ACT 1998

 

 

As per my rights under the above Act, please send me details (in a legible format) of ALL data from ALL relevant filing systems held by yourselves that in any way relates to me as the data subject.

 

 

I expect that this information will include (but is not limited to) the following:

 

 

Copies of any regulated consumer credit agreement between us

Copies of all statements of any account held by me

Copies of any computer or manual notes in relation to any account held by me

Copies of any and all letters sent by you to me

Copies of any and all letters sent by me to you

Copies of any and all written communications to and from any 3rd parties that relate to me

Copies of all telephone call transcripts made in relation to any account held by me

Copies of any record of times/dates of any telephone calls made in respect of any account held by me

 

 

(etc, etc)

 

 

I enclose the statutory maximum fee for this information of £10 and understand that you must comply with this request within 40 days of receipt of this letter.

 

 

I look forward to your prompt response.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Last edited by jonni2bad; 10th September 2008 at 20:09. Reason: Do not ask members to PM you for the purposes of advice. Please refer to site rule

 

I don't recall asking him to pm me, just said he could if he wanted, or feel free to pm me, or words to that effect. Soooooo sorry to have broken the rules. And glad that Stumpydave seems to be getting some help now.

 

But there is no need to worry about me asking anyone to pm me from now on, because I seem to be under moderation and my pm facility has been removed.

Edited by WendyB
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  • 1 month later...

Oh my, Natwest did exactly the same thing to me in 2004. I had a premier account with a 10,000 loan roughly 2,000 had been repaid and a 3,000 overdraft which was maxed but rarely exceeded and a gold mastercard.

 

I was called in for a meeting and brow beaten into an 11,000 loan on the spot over a repayment period of 7 years, it works out i will have repaid roughly 17,000.

 

I was told that the income criteria had changed for this account and i no longer qualified for it so take this loan TODAY or we'll close your account and take you to court, up until this point i had not missed any payments so i was bewildered but scared witless and signed up. They then bumped me back down to a step account with a solo card.

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