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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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LlOYDS TSB


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Hi To All

 

Over 2 yr ago I cca'd Lloyds re my OD, and had no response from them, till today.

 

Our agents have been in touch and say that they have not been able to agree a repayment programme etc?

 

Please complete the I & E and return blah blah.

 

Is there a nice letter that I could send them?

 

Mr W

Regards..Mr Worried :)

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Hi,

 

Overdrafts are running account credit and as such are covered by the consumer credit act.

 

The problem is that section74 if the act exempts them from the effects of section Part V this is the section that prescribes how the agreement should be made.

 

So although the overdraft is covered for there is no agreement document needed to be produce initially. So there is none to produce a copy of so section78 does not apply.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi,

 

Overdrafts are running account credit and as such are covered by the consumer credit act.

 

The problem is that section74 if the act exempts them from the effects of section Part V this is the section that prescribes how the agreement should be made.

 

So although the overdraft is covered for there is no agreement document needed to be produce initially. So there is none to produce a copy of so section78 does not apply.

 

Regards.

 

Scott.

 

Thanks for the speedy reply Scott, however I do understand your wording,,but what should I do about this?

 

Mr W

Regards..Mr Worried :)

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Hi,

 

Not a lot, don't think there's really any point in sending a CCA request for a Current Account.

 

Are you able to make any sort of payment to the account, is it still with Lloyds or is there a DCA invloved.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi,

 

Not a lot, don't think there's really any point in sending a CCA request for a Current Account.

 

Are you able to make any sort of payment to the account, is it still with Lloyds or is there a DCA invloved.

 

Hi This is with a dca, who have returned it to Lloyds, hence the letter today, I did not spend the overdraft, it was an accumilation of charges and payments they took when no money was in account.

 

Mr W

Regards..Mr Worried :)

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what a monthly fee for running the a/c and then thus bank charges because it was now overdrawn?

 

so none of the O/D bal was your spending?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Think the best thing to do would be to try and get the charges back, though it's a lot harder now than it used to be.

 

This link should help...............

 

http://www.consumeractiongroup.co.uk/forum/general/245835-bank-charges-decision-where.html

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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what a monthly fee for running the a/c and then thus bank charges because it was now overdrawn?

 

so none of the O/D bal was your spending?

 

dx

 

Hi dx, that is correct none of the OD was any spending by us it was all payments they tried to pay even though we advised them of the situation and tried to close account they said we couldn't, but I found out different when I stumbled across GAG.

 

Wadya recon then?

 

Mr W

Regards..Mr Worried :)

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it was all payments they tried to pay

 

explaIN THE ABOVE please

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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it was all payments they tried to pay

 

explaIN THE ABOVE please

 

dx

 

Hi dx They had been taking money from acct previously for ....

 

TSB Loan ( which they made me take out when I was overdrawn 5 yr ago )

 

Lloyds CC

 

Car payments.

 

Various other dd's etc

 

Mr W

Regards..Mr Worried :)

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why did you not close the dd's on the a/c?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

why did you not close the dd's on the a/c?

 

dx

 

Hi dx

 

I tried several times to close the whole acc down, even meetings at the branch, they said no no you cant close and we will keep taking the money although you dont have any, that will be an overdraft, although there is no agreement for an od of the amounts we want and you cant pay, thats how it is ..so bog off.

 

Then I sumbled upon CAG site.

 

Mr W

Regards..Mr Worried :)

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then that was a mistook

its still down to you to cancel the DD's not them

 

ok mistake made.

 

now my best guess - would be to argue that you instructed them/you tried.. to close all DD's as there was no money going to be going into the A/C but they failed to action you instructions.

 

hence all the charges are their fault and should be waived.

 

have you got anything in writing from the period you sent them?>

 

DID you write to them about this?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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then that was a mistook

its still down to you to cancel the DD's not them

 

ok mistake made.

 

now my best guess - would be to argue that you instructed them/you tried.. to close all DD's as there was no money going to be going into the A/C but they failed to action you instructions.

 

hence all the charges are their fault and should be waived.

 

have you got anything in writing from the period you sent them?>

 

DID you write to them about this?

 

dx

 

Hi dx

 

At the time off my errors I did not know any different and done what they said to do, I did not have anything in writing as I always called them and they kept phoning me, they say that they have no record of me going into branch, so I asked for video evidence from the day at the relevant time, they say no!.

 

But putting that aside and yes MISTAKE by me ( but never done it again since I found GAG ) how can I start to deal with this.

 

Mr W

Regards..Mr Worried :)

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time to write a strongly worded letter that several times you instructed in person your bank manager to stop all DD's and close the A/C

these balance demanded is solely as a result of these actions not being carried out and you refuse to pay the bal for their mistakes/charges.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

time to write a strongly worded letter that several times you instructed in person your bank manager to stop all DD's and close the A/C

these balance demanded is solely as a result of these actions not being carried out and you refuse to pay the bal for their mistakes/charges.

 

dx

 

dx, I will draft up a response to their demands and ask for a copy of all charges etc, or should I just sar them?

 

Mr W

Regards..Mr Worried :)

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