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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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PURLEASE HELP - advice sought re: fraudulent loan


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Hiya guys

 

hope you are all well.

 

this is a general question that I hope some of you bods might be able to help me out with, it concerns a very good friend of mine. Its a long story. but briefly, the details are as follows:

 

(a) my friend writes a cheque out for £100.00 for his son as a birthday present. His son tells his mother (my friend's now ex-wife), she says 'thats nice dear, let me see?'

 

(b) she then promptly copies the account details from the bottom of the cheque, and then manages (obviously without my friend knowing) to take out a loan to the tune of £23,000.00 with the bank in his name. :-o

 

© the bank insist my friend is liable and he has to repay the loan. :Cry:

 

Now, my question guys is, I am sure that my friend would not liable for this loan, he hasn't signed anything and she has acted fraudulently by taking a loan out in his name and lord only knows how she has managed it (frankly, just thinking about how easy this has been for her to do, scares me!).

 

However, the bank insist that he is liable for this amount and the poor guy is now paying a monthly amount of £150.00 over the next god knows how many years to pay the debt off.

 

The bank is taking her to Court for fraud but they are insisting he still remains liable as the loan is in his name and was applied for with his bank account information.

 

Any ideas ? Anything would be hugely appreciated. I so feel for the poor guy, but I'm sure that the banking code protects consumers from this type of fraud doesn't it?

 

Any pointers, help, assistance, etc, would be fantastic,

 

thanks guys

 

lois xx

Abbey claim: £972.00; Req for Refund letter sent 22.05.06

HSBC claim: sorted!

Citibank credit card claim: sorted!

Abbey/MBNA credit card: sorted!

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If he didn`t sign up for it, and it was fraudulent, as you say, then he should not be paying for it. He should stop paying it, as it his not his to pay off. Let the bank try to take him to court, if he is confident he didn`t take out the loan, then he has nothing to fear.

Won....:D:D:D...£3778.50

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I'm no expert,but I think your friend should push the bank as far as court,and also take his ex wife for what effectively obtaining money by deception,and theft from him in respect of having to pay back something which isn't anything to do with him.

 

just my opinion.....seek legal advice!!

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thanks for this.

 

the thing that I think concerns him the most though, if we do push the bank to take him to Court, how does this affect his credit rating?

 

I am guessing that we should write to the bank saying that the entire amount is in dispute because the loan was never applied for by him and was fraudulently obtained. Am I right in thinking that this then prevents the bank from referring the matter any further i.e. debt collection agency, because the amount is in dispute?

 

I just basically want to bat it straight back to the bank, honestly, they have been SO unhelpful its not even funny ...

 

any thoughts?

 

lois xx

Abbey claim: £972.00; Req for Refund letter sent 22.05.06

HSBC claim: sorted!

Citibank credit card claim: sorted!

Abbey/MBNA credit card: sorted!

Smile credit card: 2nd LBA sent 09.06.06

Capital One credit card: sorted!

..........................

Parachute deployed and everything moved ... GO GET 'EM !!

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I am no legal expert but I think I would get a copy of agreement, stop paying and seek legal advice, and claim any costs from the bank. I would also move my account elsewhere - surely the bank have a duty of care? Was this done through the post and BTW which bank?

Consumer Health Forums - where you can discuss any health or relationship matters.

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thanks for this.

 

the thing that I think concerns him the most though, if we do push the bank to take him to Court, how does this affect his credit rating?

 

I am guessing that we should write to the bank saying that the entire amount is in dispute because the loan was never applied for by him and was fraudulently obtained. Am I right in thinking that this then prevents the bank from referring the matter any further i.e. debt collection agency, because the amount is in dispute?

 

I just basically want to bat it straight back to the bank, honestly, they have been SO unhelpful its not even funny ...

 

any thoughts?

 

lois xx

 

 

Lois-I think maybe you took me up wrong.I think HE should think about ultimately taking the bank to court-he should be taking the fight to them and stop letting them make all the running.When you start issuing thinly veiled threats of legal involvement,it can have the effect of making people sit sit up and take a little more notice than they would otherwise have done.

 

A good solicitor specialising in financial matters is called for here I think.....

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Sounds like a nightmare!!. If it was me I would demand to see a copy of the 'signed' agreement. I would call the police (if this has not already been done) and stop any payments to the bank until a full investigation has been carried out.

 

Surely the bank would need to see original ID (passport or D/L) and address documents (utility bill etc) for a loan, I know I had to get them when I sold finance on cars and have done so on every loan I have ever had even if I banked with them.

 

This could put the bank in a very vulnerable position if the loan was so easy to obtain (as it sounds). You could take them to the cleaners if procedures have not been followed.

 

Seek proper legal advice or contact the CAB for free.

 

Best of luck!

Barney2002 - If you want to see how I got my money back, click http://www.consumeractiongroup.co.uk/forum/hsbc-bank/11376-barney2002-hsbc-round-one.html.

 

HSBC

15/08/06 - £4955 paid in full from HSBC!!!!!!! 'Ave it!!

OTHERS

04/08 - Conf rec'd from Capital One - sending statements

07/08 - Conf rec'd from Tesco Finance - sending statements,29/08 sent prelim for £282

10/08 - Conf rec'd MBNA - sending statements.02/09 prelim for £437

10/08 - Conf rec'd Morgan Stanley - need to send ID - sent 11/08,rec'd letter offering £96(rejecting), 02/09 prelim for £220- Rec'd £240 few days ago.

 

If any advice I give is helpful then please hit the scales - Top Right. Thank you.

 

** For Every bed I sell to a CAG Forum member, I will donate £50 to the CAG **

 

Visit my site for the full range of Hand Forged Beds at

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Erm just a thought here - call the police? It is a criminal matter and if they can prove a case against her then the bank will surely follow suit. The police will get her financial records and see the money went to her and bang - she's in a whole world of trouble.

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What a position to be in, my heart does indeed go out to you.

 

You get some good advice on this forum. To be honest i would consult a good solicitor who is gonna act in your best interests. In this case i believe you seek a considerable amount of compensation, costs etc. Its only fair, and before someone says it, don;'t feel bad taking as much as you can from them. Its the banks fault not yours. From what i can gather they did nothing to sort this out. Just wanted the money from anyone who they could bully into paying.

I would imagine this has caused you a great deal of stress and inconvenience.

Also don't worry to much about your credit file. As the loan isn't yours there should be no effect on your credit file. It may take a while but you will be able to get it sorted in time, also bring your credit file back up to date. But all the best of luck.

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Requesting a copy of the agreement under the CCA should be the first thing to do, as if this is not correct then the loan is unenforceable anyway.

 

And yes, contact the police as stated above. Once you have a crime reference contact the bank to let them know the loan is the subject of a criminal investigation and they may halt the payments until it is resolved. I know they have to do this in certain circumstances but I'm not sure whether it applies here or not.

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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As for your friends credit rating this may well be adversley effected as CIFAS markers are supposed to reported on all files of fraud victims.

 

The CIFAS site states that they do not restrict the victim from further credit, however as these markers stop any automated credit scoring system from giving a positive result so future credit is a complicated and time consuming process of getting your applications manually scored.

 

However this case reeks of complete negligence on the banks part and your friend should definatly be on the attack not the defence.

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Lois - just wondering how you are getting on. Seems to be a lot of positive advice from the forum - have you actioned anything yet??

Barney2002 - If you want to see how I got my money back, click http://www.consumeractiongroup.co.uk/forum/hsbc-bank/11376-barney2002-hsbc-round-one.html.

 

HSBC

15/08/06 - £4955 paid in full from HSBC!!!!!!! 'Ave it!!

OTHERS

04/08 - Conf rec'd from Capital One - sending statements

07/08 - Conf rec'd from Tesco Finance - sending statements,29/08 sent prelim for £282

10/08 - Conf rec'd MBNA - sending statements.02/09 prelim for £437

10/08 - Conf rec'd Morgan Stanley - need to send ID - sent 11/08,rec'd letter offering £96(rejecting), 02/09 prelim for £220- Rec'd £240 few days ago.

 

If any advice I give is helpful then please hit the scales - Top Right. Thank you.

 

** For Every bed I sell to a CAG Forum member, I will donate £50 to the CAG **

 

Visit my site for the full range of Hand Forged Beds at

www.classicsiniron.co.uk

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I suspect that the friend's ex-wife got the loan by phoning up (so no need for ID) and answering the usual security questions such as date of birth, mother's maiden name. I would strongly recommend making a DPA request for all information to do with the loan, including recordings (not transcripts) of any telephone conversations that exist. This may help to identify the person who took the loan out. If it was actually taken out in a branch, then depending on how long ago it was, make a request under the DPA for copies of the CCTV.

 

Be sure to find out how the loan was drawn down (ie was it paid into an account or taken as a cheque/cash) and request copies of all relevent documentation (such as a withdrawel slip or copies of any cheques).

 

If your friend can't afford a solicitor, he needs to go to the CAB as soon as possible.

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