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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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hardship claim - offer from Halifax can anyone advise me?


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Hi, My total claim is over £3500 and I have been claiming hardship since I was redundant for 6 months, during which I incurred a lot of charges. Halifax have written offering me £205, on the basis that this was the amount of charges over the month prior to them making the offer. I am pleased they've offered anything but was hoping for significantly more. Is it worth phoning to try to argue for more? Also they've sent a form for me to sign saying I accept this amount, to be returned within 14 days. I assume my claim would still stand for the rest pending the court case even though this form states that I accept this "settlement"?

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Hi, My total claim is over £3500 and I have been claiming hardship since I was redundant for 6 months, during which I incurred a lot of charges. Halifax have written offering me £205, on the basis that this was the amount of charges over the month prior to them making the offer. I am pleased they've offered anything but was hoping for significantly more. Is it worth phoning to try to argue for more? Also they've sent a form for me to sign saying I accept this amount, to be returned within 14 days. I assume my claim would still stand for the rest pending the court case even though this form states that I accept this "settlement"?

 

On the second question yes.

 

However, do you have priority debt arrears(mortgage/rent, council tax, utilities)?

Are any of the arrears being paid off. I think we might try and negotiate depending on the answers.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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I don't have arrears, we have basically maxed out credit card in order to meet priority outgoings. We are at the credit limit now. However our income falls short of expenditure at the moment which is why I hoped for more in order to reduce some debt and be able to manage within our income, avoiding further charges etc.

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I don't have arrears, we have basically maxed out credit card in order to meet priority outgoings. We are at the credit limit now. However our income falls short of expenditure at the moment which is why I hoped for more in order to reduce some debt and be able to manage within our income, avoiding further charges etc.

 

Ok, in that case, I would write back accepting the amount but ask them if they would suspend charges and interest to allow you to fully assess your financial position for say three months(so credit card charges/ppi, loans PPI, catalogue charges, maybe see if you can reduce outgoing further as well). I can't see room for negotiating a higher amount on the financial hardship part of the claim to be honest.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Ok thanks, not even worth a try? I was thinking of asking for say the last 3 months worth of charges back?

 

They have already agreed to suspend further charges for 3 months which is good.

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And is it definitely ok to sign their own form? Or should I write an acceptance letter instead so I can state that we will continue to pursue the remainder in due course?

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And is it definitely ok to sign their own form? Or should I write an acceptance letter instead so I can state that we will continue to pursue the remainder in due course?

 

Ok, I would write your own letter with their reference number(cos we know it will be a pain if you don't). Accept the claim but make sure you state you reserve the right to go back to them after the 3 month period has elapsed and that you will reclaim the full amount once the OFT test case issues are resolved.

Yes to the last question(which I have kinda just said on this post).

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Sorry! I realise you'd said the claim for the rest still stands but was just double checking about their actual form since the wording on it worried me that's all.

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Sorry! I realise you'd said the claim for the rest still stands but was just double checking about their actual form since the wording on it worried me that's all.

 

We were both on the same lines and I spotted the question before I hit the reply button so added the bit at the end.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Sorry to interupt here mrsm. I have been down this line and I had ;ots of arrears in lots of fields but they still wouldn't budge. Interesting that they offer three months free charges at this time to us. I wonder if they think there will be an out come from the house of lords fiasco by Sept ..Oct.. it may sway them one way or the other to see if they think they will win the final outcome. your welcome to see my thread nigel1804 now back for the rest. I think they do realise that they can not give you an offer that is a final and full settlement.

 

regards

 

nigel

HALIFAX CURRENT ACCOUNT SETTLED IN FULL 9/9/06.

 

N1 form completed 05-06-07,LBA sent 14-05-07,2nd go!Prelim sent 24/04/07

 

Halifax Visa 1.Paid in full

Halifax Classic.Paid in full.

 

LBA sent 14-05-07,GMAC prelim sent 24/04/07

 

Data Protection Act for halifax mortgage 16/09/06.

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Its quite a standard approach nigel, it allows an individual to get into a habit on their budgetting and therefore the potential to avoid charges in the future.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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