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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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MBNA Credit card debt/ charges reclaim


mikesmotor
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5 threads merged.

 

if its an active credit card then every month.

 

what is the status of the account.

inotice looking back at your many thread on MBNA and merging them here to one thread

 

that you were going the reclaim etc etc

 

did you do that?

 

whom and what are you paying now?

 

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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I've just received a letter from this Bryan Carter crowd regarding a desputed credit card debt from MBNA being handled by Fredrickson International. From research I have made it would seem that Bryan Carter is just anther section of Fredrickson International, does anybody else have information regarding that. In any case i was under the impression that a debt collection agency cannot act on behalf of a creditor with a notice of assignment (NoA) and also that the agency cannot pass on these matters to another party while the matter is in depute. I would be interested to know if anyone has experience of this.

 

Regards

 

Mike

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Hi, Mike.

 

I've started a new thread for you.

 

Regards.

 

Scott.

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

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

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

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Hi mikesmotor. Ive had the same garbage from Freds and then Carters. One very good idea is to send Carters a CCA Request - they do not like ANY form of resistance or to be made aware that a particular customer ( or "mug" - in DCA speak) may just know his/her legal rights.

They very often return the file back to the DCA with which the debt ( or Assignment of) lies.

Unfortunately this isnt the end of it. It just gets passed to the next DCA who starts the whole process (threats) again.

Be prepared to send lots of "in dispute" letters, all by recorded delivery of course.

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oops sorry - hit the "post" button by mistake!

The reality is that it doesnt seem to matter what might be legal or not.

What really happens is that no matter how you stop a particular DCA or "solicitor" from taking an action, all they do is bundle it up and flog it on to the next bunch of creeps.

Damned annoying I know, but even if you have seen half a dozen of these leeches off, you have to keep on the ball because the next low-life might just go for the CCJ if they think they might just get away with it.

So to my mind ( and experience) you can challenge a DCA on all kinds of things ( NOA etc) and probably beat them - but all that will happen after all your hard work is they will sell it to another DCA and you will literally have to start all over again.

Just keep it simple. CCA Request then Account in Dispute letter.

Then do the same with the next one.

And the next.................

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I've just sent a letter to Bryan Carter telling them that they need to speak to their so called clients Fredricson International. If that dosn't work I'll go down the CCA route. Incidently I've done a bit of further reaserch and it would seem strange to me that a firm of solicitors would (a) work on a Saturday (b) not include their phone number on their corresspondence and © have their offices on a warehouse trading estate next to the Brooklands race track. All very strange when you consider that Fredrickson International's postal address is the post office in Weybridge high street. I am very suspicious that Bryan Carter are a genuine firm of solicitors.

 

Mike

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they don't need a notice of assignment if the account has been passed for collection,the most important thing to do is send a letter of dispute giving clear reasons' to fredrickson international recorded delivery and stating that you will defend any action that they pursue.my experience when faced with this the account is then handed back to the original creditor.

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I've just sent a letter to Bryan Carter telling them that they need to speak to their so called clients Fredricson International. If that dosn't work It won't.... I'll go down the CCA route. As soon as possible, by rec. delivery. Incidently I've done a bit of further reaserch and it would seem strange to me that a firm of solicitors would (a) work on a Saturday (b) not include their phone number on their corresspondence and © have their offices on a warehouse trading estate next to the Brooklands race track. All very strange when you consider that Fredrickson International's postal address is the post office in Weybridge high street. I am very suspicious that Bryan Carter are a genuine firm of solicitors.

 

Mike

 

 

Bryan Carter are in the same building as Freds. and whatever you send through to them will end up with Freds. You may need to raise a formal complaint with BC if he/they play silly b*ggers with your CCA request. They are a tenacious bunch who seem to like threastening (and using) the court process to intimidate.... but not impossible to get rid of as long as you are pro-active.

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Decided not to wait, sent CCA today.

 

Mike

 

Recorded Delivery right? If not you can guarantee they "never recieved" it. Give it the 12 days then send the "in dispute" letter and keep copies of your letters and print-off the signature from the Royal Mail site. There you have your evidence for failure to comply should one of these chancers attempt further steps in the future.

My file on a particular debt is now an inch thick because of Lowells, Freds and then Carters. Even after Lowells writing and stating their client does not hold an Agreement, they have, up to now, sent a further 5 letters demanding payment and threatening court action.

Needless to say, I have all letters for if they or anyone else attempts Court action somewhere down the line.

Havent bothered to tell them that its well Statute Barred by now - just me playing by the DCAs rules:lol:

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  • 2 weeks later...

Hi All

I've just received a letter from Fredricson International in reply to my CCA request. They've sent back my postal order saying that I must go direct to MBNA (their clients) with this matter. I'm not sure that this is correct buit I would be gratefull for any advice here.

 

Regards

 

Mike

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Rubbish! The CCA request goes to the company chasing you - it is up to them respond to it and get the correct documentation and they know this! They keep doing this. Send them the Account in Dispute letter- amended- as they have indicated that they are not prepared to honour this request when it is clearly their responsibility to do this. And send copies with a complaint to OFT.

Please support CAG and they will support you.

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Should I not wait the 12+2 days before sending this letter? Incidentally they've (Fred. Int.) gone on to say they have plced my account on 28 day hold to allow me to go to MBNA then they will continue their collection activies.

 

Regards

 

Mike

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Well - up to you - refer to the letter and just it make it very clear to them that you have made the request to them and it is their responsibility to refer this to their client

Please support CAG and they will support you.

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It's just plain laziness if you want the CCA

send to MBNA and tell them that Freds wouldn't

process it.

The are no doubt claiming they are not the

creditor in this case, a situation that is soon

to be resolved.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Fredrickson of course this is a regular occurrence with

CCA requests sent to them, they are totally uncooperative,and claim that

they are not the creditor so they don't have to do anything it's largely

pointless to try and get any result from them.:madgrin:

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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There are a few threads on here were Freds have done this - it is laziness on theiir part and should be reported to OFT as it actually constitutes harassment. I do not see why you should run around after credit agreements - if Freds/BC want to chase you they must provide the documents themselves!!

Please support CAG and they will support you.

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Just got a letter back from Freds Int ref my CCA request. They've said that I need to contact MBNA 9the debt originators) with the CCA and they've sent me back the postal ordert that I had made out to them. They have also mentioned that they have put my "account"on hold for twenty eight days in order to give me time to contact MBNA. Anybody got any ideas where to go next.

 

Regards

 

Mike

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Yes, go back to Freds to tell them it is their responsibility not yours to contact MBNA.

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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