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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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Mbna 'agreement' - now threat of legal action


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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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hiya all

 

just managed to pop in, been a bit hectic trying to help my friend with the repossession so if anyone can help would appreciate it

 

the only thread started by survivor_13

 

cheers catch up tomorrow laters 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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I sent my CCA request to MBNA and Northern Rock on 26 March. How long do I need to give them to reply. Also Northern Rock have put a temporary charge on my house. Can I ask them to remove it if they don't produce the CCA in the required time?

How an earth can they get a temporary charge! :roll:!You either get a charging order imposed by a court or you dont! Surely there is no half measure like a temporary charge? These DCAs are unbeleivable :evil:

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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How an earth can they get a temporary charge! :roll:!You either get a charging order imposed by a court or you dont! Surely there is no half measure like a temporary charge? These DCAs are unbeleivable :evil:

 

Searched and found this:

 

If a DCA applies for a charging order the court automatically puts an interim charging order on the property:mad:, the land registry will then mark the record and the defendant will be unable to sell the property:mad: until the case is heard in court. A copy of the Interim charging order should be sent to the defendant.

 

They can only get the above if they have already got a judgement against you though.....

 

Got the above from here

 

S.

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Had a girl on the home phone yesterday from 1st Credit asking me to confirm I was happy that there was no fraud on the account.

 

I told her I hadn't mentioned fraud and the account was in dispute because they hadn't complied with my CCA request.

 

She still banged on about fraud and I why I hadn't confirmed I was happy as such as requested in their letter.

 

I told her I couldn't comment until I had the full, compliant agreement.

 

She then tried to get me to confirm that once I had the full agreement, that they DID have that I would clear the outstanding amount.

 

I just reiterated my, 'no comment until I recieve a full, compliant agreement', statement. That cheered her up no end, hehehhe.

 

She promised to send it out yesterday, so I will see what happens.

 

Puzzled as to why they are so keen about my alleged fraud bit. I have not mentioned it, so I figure there is some angle there that they are worried about. Just have to work it out.

 

Funny lot to deal with though..

Sonds like MBNA and first credit got something to worry about!:D

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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I send of my request for CCA last week to 1st Credit and they sent me a letter today saying they don't keep the agreement and it's still with MBNA. They said they have asked MBNA t send it to me. Has anyone else received such a letter from 1st credit? I find it strange that they have taken over the loan yet they don't have the agreement.

Yes i always think it is weird that these DCA buy accounts without insisting on haveing the original agreement off MBNA especially as they now know that the unenforceable CCA issue is openning up a whole can of worms for the banks,

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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Searched and found this:

 

If a DCA applies for a charging order the court automatically puts an interim charging order on the property:mad:, the land registry will then mark the record and the defendant will be unable to sell the property:mad: until the case is heard in court. A copy of the Interim charging order should be sent to the defendant.

 

They can only get the above if they have already got a judgement against you though.....

 

Got the above from here

 

S.

Hi Shadow

Thanks for making things clearer about this issue:)

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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The fun starts almond, if the original creditor has issued a default notice then TERMINATED the account. The DCA then tries to collect, the alledged debtor says BOGOF and the DCA says.. ooops, we dont like this person we will send it back to the OC. The OC is then stumped cos they have terminated there is NO bliddy agreement :D

 

So they then try and offload it on to another unsuspecting DCA, lower and lower down the food chain so as to speak.

Thats very handy to know CitB! :D

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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Many thanks to you all for the information on the charge. It's ironic that the Bank that was first bailed out by the Govt is the one that is been most aggressive. I sent them a letter for a copy of the CCA on 26th March and if they have not delivered by next week then I will ask them to remove the charge because they can not put a charge if they can't prove the debt exists.

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  • 3 weeks later...

Hi UD, can you confirm there was a back page for only the Virgin Card ?

 

Thanks, :)

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4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

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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OK can I butt in here.

 

CCA'd MBNA way back mid February and they just got around to supplying it.

 

Only they didn't !! :confused: All I got was the original T&Cs and a statement.

 

All this with a letter saying they enclose "....the credit card agreement (original and current)....." and then further on it says "....a copy of the original credit agreement has been requested for you and should we be able to provide you with a copy we will forward it". It also goes on to say all the prescribed terms are included in the agreement.

 

Well the terms are included in the T&Cs, but quite obviously there is nowhere that anyone could sign anything.

 

Is this a new tack by MBNA ... to totally confuse ??

 

The T&Cs are I'm sure genuine because they are a good quality photocopy and the last page concludes with a long row of small print digits including my credit card account number.

 

Anyone else seen this sort of thing??

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Hi CitB,

yes, there was only a back page for the Virgin 'agreement':)

 

Thanks UD:D

 

Basa, umm, nope not a new tactic.. MBNA have been on a mission to confuse us all for quite some time:D

 

If the T&Cs are current, then it is quite likely they are of a good quality. What date is your account from.

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

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3: Banking Conduct of Business Regulations - The Hidden Rules

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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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Basa, umm, nope not a new tactic.. MBNA have been on a mission to confuse us all for quite some time:D

 

If the T&Cs are current, then it is quite likely they are of a good quality. What date is your account from.

 

I really can't recall, but must be from around 2000-2002 era.

 

I've actually just looked more closely at the T&Cs sent to me. These are up to date / current T&Cs because the interest rate quoted is 34%+ :eek:

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Hi GG, yes they would be very useful, thank you. If you dont want to put them on your own thread, then just stash them on photobucket and pm me a link.

 

Much appreciated. I think I will put a note on the new MBNA thread to ask others if they have T&cs from other years. Good thinking batman :D

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

Uploading documents to CAG ** Instructions **

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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

5: Forum rules - These have been updated - Please Read

BCOBS

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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CB

 

I have my original T&C's from 2003 would it be helpful for me to post them up for the new thread?

 

Also these T&C's make the majority of the DN's on here invalid because of the Clause/paragraph 8 issue!

 

GG

 

Defo...my DN says paragraph 8 also :D

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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Hi welshmam

I have pm'd CB with them and she will be posting them on the new thread, dont worry paragraph 8 only states about international transactions, so i think most DN's stateting this will be brollocks:D

 

GG

 

Don't you just love it when that happens?????!!!!!!!! :p

 

Thanks GG!!

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

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Yep, received safe n sound, thanks GG. They will be on the thread tomorrow.

 

Thank you to everyone who has contributed. :D

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

5: Forum rules - These have been updated - Please Read

BCOBS

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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I also must have half a dozen sets of T&C's in the forms of leaflets, among other leaflets that come with statements, etc. None of them refer to my Credit Agreement, which in turn refers to a random number in the T&C's ! Which set of T&C's:eek: I would love to operate a company that could legally do that - what a rip off!!:mad:

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Exactly UD im waiting for their AQ's right now, can't wait to put my full defence in with the invalid DN para 8 and not 14 clear days and no rate of interest for credit limit, and a microfiche application thats a joke, im just off to buy some more ink!

 

GG

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