Jump to content


  • Tweets

  • Posts

    • 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?
    • Come and engage with homelessness   Museum of Homelessness MUSEUMOFHOMELESSNESS.ORG The award-winning Museum of Homelessness (MoH) was founded in 2015 and is run by people with direct experience of homelessness. A very different approach. If you're in London you should go and see them
    • 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
    • The boundary wiill not be the yellow line.  Dx  
    • 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 
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Natwest, Sending First letter of Action today


maforduk
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6606 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I asked them for the information re: DPA of the account. They or I never mensioned any money so I never even paid them yet I received the information in about 2 weeks. Good result.

 

I'm sending out the FIRST LETTER TODAY which allows them 14 days in which to refund me the full cost of charges.

Link to post
Share on other sites

Recieved a reply, this is it:

Dear Mrs ****

 

Thank you for your recent letter and I apologise for any dissatisfaction caused by the application of charges to your account.

 

We believe that our charges are fair, reasonable and transparent. We consider that the amounts debited to your account have been applied strictly in accordance with your agreement with us and our published tariff, which we are satisfied complies with all applicable laws and regulations. We are also committed to ensuring the transparency of the information that we give to our customers about the operation of our products.

 

Against that background, we must differ to the views expressed in your letter. Accordingly, the charges that have been applied to your account must stand.

 

I am disappointed to note that you are contemplating legal action against the bank. Whilst I hope you will feel able to reconsider, should you decide to go ahead, please ensure that and proceeding are served on our Registered Office address, which appears on the foot of this letter.

 

However, thank you again for taking the trouble to write.

 

Yours sincerely,

 

 

 

 

 

Stuart ******

Customer Relations

[/Quote]

 

I am waiting until the 14 day's off the first letter I send ends (17th April) before I send the "LETTER BEFORE ACTION".

 

Will keep you informed.

Link to post
Share on other sites

Please can I ask what you recieved as part of your DPA request as it seems most people aren't getting a full DPA but just statements. Did they send any notes or any details of manual intervention (or say there was no manual intervention)???

Ex CAG helper ^_^

Link to post
Share on other sites

The point here is that you have asked under a DPA request for the evidence of manual intervention. If they later decide to produce such evidence as a defence in court their defence would be somewhat compromised. It is often a case of not what they say, it is more what they don't say.

 

 

 

 

 

 

Link to post
Share on other sites

As what AlanfronDerby said:

They only give you notes of manual intervension if there is any.

If there is and they don't give it to you, but use it in court, there defense would be thrown out.

Link to post
Share on other sites

After receiving no response and me sending them the letter before action, i got a swift response. Here is that response:

 

Dear Mrs Ford

 

Thank you for your further letter. There is nothing that I can add constructively to what I shared with you on 5 April and I note that you now propose to initiate legal action.

 

Can I remind you that the address for papers to be served upon is the Registered Office address, which appears below.

 

Yours sincerely

 

Stuart Higley

Senior Manager

[/Quote]

 

Registered Office address is:

National Westminster Bank Plc,

135 Bishopsgate,

London

EC2M 3UR

 

The problem now is that this account is my wife's and doesn't want to go to court!

Any ideas?

Link to post
Share on other sites

The problem now is that this account is my wife's and doesn't want to go to court!Any ideas?

Hi,

 

Without wishing to sound harsh, the FAQs, and almost every other piece of advice on this forum, is that you MUST realise that your case could end in court. Whilst it is VERY unlikely that the bank would allow it to go that far, you MUST be prepared for that eventuality.

 

Effectively, if your wife absolutely 100% does not want to run this risk, and therefore you do not raise a claim, then you are left with few options. Any dialogue with the bank will result in them having the upper hand if you appear to back down now.

 

This really is a case whereby you and your wife must make the final decision. Whatever that decision is, we all wish you luck.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

Link to post
Share on other sites

The bank are using scare tactics and it's obviously working.

 

It is highly unlikely the case would go to court and you will know this if you read around the forums. They will give in once you start the court proceedings.

 

Other than that maybe you could support your wife by acting on her behalf? It's discussed here:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=4879&highlight=behalf

 

p.s please keep to one thread, that way it is easier for people to help you :)

Link to post
Share on other sites

Guest Lueeze

The problem is that whilest i understand the worries your wife may have, you knew it would probabally get to this stage where you needed to file a claim to get the charges refunded...

 

Its going to be a personal decision, I would not back out but then I am well aware of all the in's and out's of claiming, and the fact that I have to be prepared to follow through with my threats of legal action.

 

Anyway I would persuade your wife to carry on...whats the worst that can happen?

Link to post
Share on other sites

Thanks for your advise. I created the other thread as I was unable to change my Thread Heading!

 

I personally intend in going all the way with my Barclays claim.

However, for this one, Is there any way that I may Act for and on behalf of my wife? I have looked at the threads where by my wife can write to the banks but was wondering if it is too late for that?

Link to post
Share on other sites

Guest Lueeze

If you claim in court then without her consent you cannot proceed, but with her consent im sure you can claim on her behalf!

 

Try to persuade her is the best option!

Link to post
Share on other sites

  • 3 weeks later...

Forum clean up - your claim threads have been merged. Please try to keep all posts about your claim to a single thread only. Thanks :)

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

Link to post
Share on other sites

  • 12 years later...

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6606 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...