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    • HI DX Yes check it every month , after I reinstated the second DD I was checking every week. Also checked my bank statements and each payment has cleared. When responding to the court claim does it need to be in spefic terms ? Or laid out in a certain format? Or is it just a case of putting down in writing how I have expained it on CAG?
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    • You have of course checked the car is now taxed and the £68 is stated against  the same reg?  If the tax for the same car did over lap, then I can't see you having an issue pleading not guilty Dx
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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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Barclays Finance ***WON*** Charges being refunded


SAINTDP
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Hi All :-):-)

 

I hope you can help me.

I am in a bit of financial bother at the min and am looking to try and pay off all my debts. I have got some money to pay off some debts and today I have been calculating what I should pay.

 

Anyway, I bought a Sofa from SCS back in Feb 08 that is being finance by Barclays. I have been paying £27 per month since on 0% and today phoned for a statement to see how much was outstanding.

 

I was shocked to find that a balance of £558 was still to be paid. I asked what this was for as my 3 years payment was nearly finished and they have told me its to do with charges ref to returned DD's and Letter being sent out!! Me and my partner have been struggling in the past couple of years as she has been made redundant twice and have recently had a baby.

 

I asked if they could wave some of the charges as I am looking to pay off the balance in full but the most they could offer was £45.

 

Were do I stand with possibly getting these charges refunded?

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Hi SaintDP,

 

Can you confirm the exact Barclays product used to finance the purchase.

 

Don't accept their offer to refund £45, or any other amount, at this stage.

 

It sounds like a Fixed Sum Loan, in which case, any Penalty Charges added to the a/c for late payments, missed pay'ts or returned DD's can be reclaimed in full. You can also claim compound interest on the penalty charges if any interest has been charged.

 

You need details (amount and date) of every charge added to the a/c and, if you don't have statements showing this, you must get them by sending an SAR to the bank or finance Company.

 

This template letter should do but adapt it to reflect your individual case as necessary - http://www.consumeractiongroup.co.uk/forum/content.php?552-Data-Protection

 

8-)

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As far as I know its a Fixed sum loan as you said.

 

I requested a statement when I spoke to them, not sure if it will show all the charges but will wait and see what they send. If it doesnt Ill sent the letter you said.

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Hi Saint,

 

I'd give them 7 days from when they said they'd send out a/c statements.

 

If no response by then, use the SAR.

 

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Yep, send off the SAR to get your statements.

 

No point in wasting any more time waiting for them.

 

8)

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  • 4 weeks later...

Barclays have 40 days to respond to a SAR, so there's still a while to go.

 

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  • 3 weeks later...

If the cheque has been cashed, I'd give them a few extra days.

 

If it hasn't, send them a reminder letter enclosing a copy of the original.

 

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Update. The cheque cleared on Wed (Typical) so I though cool will get my statements in a couple of days.

 

This Saturday I get a letter saying unfortunatly we can not action your request as NO cheque was enclosed!!! WTF!!!

 

I am now thinking of getting a copy of the banked cheque from my bank to send to them, any other suggestions?? Or is this just delay tactics?

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No, it's not delaying tactics...............just a bit rubbish with their admin !!

 

Maybe the cheque and the letter were separated, hence the delay in the cheque being cashed.

 

Write confirming your cheque was cashed by them on xxdate and you want your SAR response asap.

 

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  • 3 months later...

UPDATE: I have let this matter get away from me, so i decided to send a letter on the 5th July giving them 14 days to provided the information I requested in the SAR letter.

 

The deadline for this is tommorrow. What is the next step as I am still yet to recieve anything??

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Adapt and send this - http://www.consumeractiongroup.co.uk/forum/content.php?593-Data-Protection-Act-Non-Compliance-Template-Letters

 

It's in the Library along with many other useful letters and links.

 

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  • 2 weeks later...

Either ignore Mercers as they're pretty harmless, or send them a brief letter saying Barclays are in default of your SAR request so the a/c is in clear dispute and they must cease all collection activity.

 

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  • 4 weeks later...

Just a brief suggestion as I don't want to hijack SaintDP's thread..........

 

Don't let the bank dictate the timescale by which they'll respond.

 

Four weeks is way too long so, if they haven't responded to your complaint or request within 14 days, follow up with your next step.

 

:roll:

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