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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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Capone/cabot v OH (disputed Acc)


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*** HELP ***

 

Although I have disputed the account based on charges, I have received(yet again) a reply from capquest stating that they have been instructed by capone to carry on with collection activities, capone will deal with the dispute (they have only offered a £12 refund :eek: ), surely capquest arent allowed to pursue a disputed account.

 

Capq are only collecting on behalf of capone - the account has not been assigned.

 

Currently dealing with three bereavements within eight days and can well do without these leeces at the moment. :(

 

Any advice would be most welcome.

 

just file em and ignore em until your ready to deal with them

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Hi Beachy and sorry to hear what you're going through just now.

 

As DD says, ignore until you have time to deal with them - they're not worth worrying about. :)

We could do with some help from you

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Hi Beachy

sorry to hear what you going through,Maybe DD right as you have made it clear enough in several letters to Crap one and Capquest that account in dispute and that you strongly believe they dont have an enforceable cca and some people on my thread think they have shreedded most of them from the earlier sort of times we took our cards out.Capquest know this Crapital one know this and you know this! They woud be stupid to try and escalate it .i think i saw on Zazen wariers thread that she saw hl legal and capquest off with some letters she used on her thread! Maybe if you look at her tactics and letters ,if you still anxious to send them something but you have made it clear to them now you kow your rights which is the important thing.

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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Nothing to add beachy, but just wanted to say how sorry I am you're having to deal with so much in such a short time.

 

I hope things pick up for you soon.

Time flies like an arrow...

Fruit flies like a banana.

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  • 2 weeks later...

Sorry to hear about your bereavements, Beachy.

 

Was good to hear you have shucked CapQuest though. :)

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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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Great news Beachy! I glad you saw them off ok :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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Thank you one & all.

 

We are quite touched by the messages on this wonderful forum, we consider you all as our 'special friends' who we will probably never meet, although we hope that one day we will have that opportunity.

 

As for CQ, it was certainly a tonic to get them off my back, I'm sure it wont be long before the next one swims to the surface for a bite - still now that C1 have put it in writing that there IS a dispute it should be easier for me.

 

As they say Onwards & Upwards :)

 

Have a good weekend.

 

Beachy

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You have a good w/e too Beachy.

 

:)

We could do with some help from you

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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HELP - WILL THESE EVER GET OFF MY BACK

 

Need some more help here please guys, has Ellie Left ? Patrica Chadwick now writing.

 

'Thank you for writing to CQ advising them that your account is in dispute because you do not agree with the documentation you received from us. I am disappointed you feel these documents are incorrect.

 

I have sent a copy of this letter to CQ to advise them we have sent you a copy of the alledged agreement contained within s78 (1) Consumer Credit Act 1974. Therefore we believe the documentation sent to you to be correct and for that reason we do not consider this account to be in dispute.

 

As a result, we have instructed CQ to continue further collection of your account on our behalf.

 

Please be aware, we will continue to pursue the outstanding debt and as we do not consider this account to be in dispute, I would remind you that you are bound by the terms & conditions of your credit agreement and are obliged to maintain payments and repay your outstanding balance.

 

Please contact CQ to arrange payment of the outstanding balance.

 

Your letter to CQ mentioned we may be in violation of various acts, guidelines and regulations.

 

Please be aware that our agreements are drafted by legal professionals and are monitored to ensure compliance with current regulations and the commercial enviroment. We are therefore confident that the terms of our agreements are fair and enforceable and will strongly defend any claim making allegations to the contrary.

 

I trust I have explained things clearly, however, if you have any more questions about this, please write back to me within four weeks. My address details are in the leaflet I have included, which also outlines our complaints procedure. If I do not hear from you again within the four weeks, I will consider that you are happy with my response and that your complaint is closed'.

 

 

NO MENTION OF UNFAIR CHARGES THAT THEY WONT REFUND

 

Beachy

Edited by beachcomber60
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HELP - WILL THESE EVER GET OFF MY BACK

 

Need some more help here please guys, has Ellie Left ? Patrica Chadwick now writing.

 

'Thank you for writing to CQ advising them that your account is in dispute because you do not agree with the documentation you received from us. I am disappointed you feel these documents are incorrect.

 

I have sent a copy of this letter to CQ to advise them we have sent you a copy of the alledged agreement contained within s78 (1) Consumer Credit Act 1974. Therefore we believe the documentation sent to you to be correct and for that reason we do not consider this account to be in dispute.

 

As a result, we have instructed CQ to continue further collection of your account on our behalf.

 

Please be aware, we will continue to pursue the outstanding debt and as we do not consider this account to be in dispute, I would remind you that you are bound by the terms & conditions of your credit agreement and are obliged to maintain payments and repay your outstanding balance.

 

Please contact CQ to arrange payment of the outstanding balance.

 

Your letter to CQ mentioned we may be in violation of various acts, guidelines and regulations.

 

Please be aware that our agreements are drafted by legal professionals and are monitored to ensure compliance with current regulations and the commercial enviroment. We are therefore confident that the terms of our agreements are fair and enforceable and will strongly defend any claim making allegations to the contrary.

 

I trust I have explained things clearly, however, if you have any more questions about this, please write back to me within four weeks. My address details are in the leaflet I have included, which also outlines our complaints procedure. If I do not hear from you again within the four weeks, I will consider that you are happy with my response and that your complaint is closed'.

 

 

NO MENTION OF UNFAIR CHARGES THAT THEY WONT REFUND

 

Beachy

 

You could ask to visit their offices and inspect the alleged agreement... their procedures as confirmed to me in their defence is to scan the front page only.

 

Until they show you a document with the prescribed terms signed by yourself and them then its unenforceable.

 

and in any event... they state their agreements are compliant with current legislation.. well thats not hard now with s127(3) repealed the bag of a fag packet could count as an agreement(extreme I know).

 

S.

Edited by the_shadow
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I offered that diddydicky and they stated that they had no facilities to entertain guests to inspect their agreements, oh what surprise, another excuse to not show us.

kb

Keefy (:-)The "Moaner":rolleyes:)Boy

Prepared to take on anyone until I win...................

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:D You guys have certainly lifted my spirits on what has been an absolute sh*t day.

 

I wanted to go to Nottingham to view the original as its the only way to resolve this dispute, should I point out to them that the alledged agreement doesn't fall under 'current' legislation and that as I have already been terminated surely I dont have an agreement to abide by?

 

Room for three if I can get an appointment :)

 

Beachy

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Noffing at all, I would think the board room would have been good enough for us, don't you, wiv real china cups (wots one of them? ) and saucers.

Keefy (:-)The "Moaner":rolleyes:)Boy

Prepared to take on anyone until I win...................

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I suppose that now C1 have sent me my sar, (I am still trying to wade through it all) and I've stopped paying as my account is definately still indispute, they will try a CQ on me soon... corr I'm saving a whole £3 a month by not paying them, how many months before I can buy a round down the pub anyone any ideas please?

Keefy (:-)The "Moaner":rolleyes:)Boy

Prepared to take on anyone until I win...................

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[quote= Should I point out to them that the alledged agreement doesn't fall under 'current' legislation and that as I have already been terminated surely I dont have an agreement to abide by?

 

Beachy

 

Any thoughts on the above

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I want to joinn you all too! :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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