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    • notodebt
      SJP letter from courts - Car tax fine

      By notodebt · Posted

      I disagree with the charge and also the statements sent. Firstly I have not received any correspondence from DVLA especially a statutory notice dated 2/5/2024 or a notice 16/5/2024 voiding my licence if I had I would have responded within this timeframe. The only letter received was the single justice procedure notice dated the 29.5.2024 this was received on 4.6.2024. I also disagree with the statement that tax was dishonoured through invalid indemnity claim. I disagree that the licence be voided I purchased the vehicle in Jan 2024 from RDA car sales Pontefract with agreement to collect the car on the 28.1.2024. The garage taxed the vehicle on the 25.1.24 for eleven payments on direct debit  using my debit card on my behalf. £62.18 was the initial payment on 8.2.24  and £31 per month thereafter the second payment was 1.3.24.This would run from Jan 24 to Dec 24 and a total of £372.75, therefore the car was clearly taxed before  I took the car away After checking one of my vehicle apps  I could see the vehicle was showing as untaxed it later transpired that DVLA had cancelled my tax , without reason and I did not receive any correspondence from DVLA to state why it was cancelled or when. The original payment of £62.18 had gone through and verified by my bank Lloyds so this payment was not declined. I then set up the direct debit again straight away at my local post office branch on 15.2.2024 the first payment was £31 on 1.3.2024 and subsequent payments up to Feb 2025 with a total of £372.75 which was the same total as the original DD that was set up in Jan, Therefore I claimed the £62.18 back from my bank as an indemnity claim as this payment was from the original cancelled tax from DVLA and had been cancelled . I have checked my bank account at Lloyds and every payment since Jan 24  up to date has been taken with none rejected as follows: 8.2.24 - £62.15 1.3.24 - £31.09 2.4.24 - £31.06 1.5.24 - £31.06 3.6.23-£31.06 I have paper copies of the original DD set up conformation plus a breakdown of payments per month , and a paper copy of the second DD setup with breakdown of payments plus a receipt from the post office.I can also provide bank statements showing each payment to DVLA I also ask that my licence be reinstated due to the above  
    • tobyjugg2
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By tobyjugg2 · Posted

      You know hes had it when they call out those willing to say anything even claiming tories have reduced taxes on live tv AS Salmonella says: The Conservative Party must embrace Nigel Farage to “unite the right”, Suella Braverman has urged, following a disastrous few days for Rishi Sunak. The former home secretary told The Times there was “not much difference” between the new Reform UK leader’s policies and those of the Tories, as senior Conservatives start debating the future of the party. hers.   AND Goves replacement gets caught booking in an airbnb to claim he lives locally .. as of yesterday you can rent it yourself in late July - as he'll either be gone or claiming taxpayer funded expenses for a house Alongside pictures of himself entering a house, Mr McGuinness said Surrey Heath residents “rightly expect their MP to be a part of their community”. - So whens farage getting around to renting (and subletting) a clacton beach hut?   Gove’s replacement caught out on constituency house claim as home found on Airbnb WWW.INDEPENDENT.CO.UK Social media users quickly pointed out house Ed McGuinness had posted photos in was available to rent     As Douglas Ross says he'll stand down in scotland - if he wins a Westminster seat - such devotion.
    • notodebt
      SJP letter from courts - Car tax fine

      By notodebt · Posted

      I've completed a draft copy to defend and will post up here for review.  Looking over the dates and payments this all stemmed from DVLA cancelling in Feb , whereby I set up a new DD in Feb hence the overlap, why they cancelled when I paid originally in Jan I have no idea. Anyway now stuck with pending court action and a suspended licence . I am also firing off a letter to DVLa recorded disputing the licence revoke
    • Passerby0233
      MET ANPR PCN - NtK - BP Blue Boys Tonbridge - Burger King Car Park NOT BP car park.

      By Passerby0233 · Posted

      Thank you both for your expert knowledge and understanding. You're fighting the good fight by standing up for people like me and others with limited knowledge of this stuff. I thank you. I know all my DVLA details are good. I recently (last year) renewed my license, and my car's V5 is current with the correct details; the same is valid for my partner. I'll continue to ignore the love letters 😂 and won't let it bother either me or my partner.  I'll revisit this post if/when I get a letter of claim.  F**k ém.
    • BankFodder
      Lost items sent through Parcel2Go and EVRi

      By BankFodder · Posted

      Please check back later on today for a fuller response and some edits

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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.

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      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
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

LLoyd charges court claim inssued - **WON OOC Settlement**

BreadAndButter

By BreadAndButter
in Lloyds Bank

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Thread Locked

because no one has posted on it for the last 6309 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

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  • 1 month later...
BreadAndButter

BreadAndButter

Posted
  • Author
Posted

Ok, their final ultimatum period is up. I need to file a court case tomorrow.

 

Shall I send them a final "see you in court" letter?

 

just gotta dig out £120 for the fees now....

 

Oh and got a letter from them at the weekend, they have put my account into administration and want £500 immediately to pay overdraft.

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  • 2 weeks later...
BreadAndButter

BreadAndButter

Posted
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Posted

Ok, so the bank have called my bluff and wont respond to any further letters. They are waiting for my court date, but the thing is I have now run out of money to fund the court case :(

Should I consider asking the Financial Ombudsman to proceed with the case? Or wait 3 weeks until I have the money to fund the case (making me look rather unconvincing).

 

With the goalposts on the brink of moving, I'd love to get my claim in before its too late

 

I'm behind on my mortgage and my secure Homes bill (they pay all my bills) so my moneys tied up in repayments over the next few weeks until my bank loan arrives, at which point I can fund the case, win the money back and get on with things.

 

Its give up or go down the free route if action is required immediately....

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foxyred

foxyred

Posted
Posted
Ok, so the bank have called my bluff and wont respond to any further letters. They are waiting for my court date, but the thing is I have now run out of money to fund the court case :(

Should I consider asking the Financial Ombudsman to proceed with the case? Or wait 3 weeks until I have the money to fund the case (making me look rather unconvincing).

 

With the goalposts on the brink of moving, I'd love to get my claim in before its too late

 

I'm behind on my mortgage and my secure Homes bill (they pay all my bills) so my moneys tied up in repayments over the next few weeks until my bank loan arrives, at which point I can fund the case, win the money back and get on with things.

 

Its give up or go down the free route if action is required immediately....

 

Hi, I wouldn't worry too much about it. Wait the 3 weeks until you have the money. I waited about 6 weeks before I could afford to put in my claim. I just sent them one final email just before I did it so that they had one more chance and then when they sent a refusal again I proceeded with my claim.

 

Go for it and good luck :)

Lloyds TSB claim £1896.27

Need to send DPA to Barclaycard and Barclays Bank

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breadline

breadline

Posted
Posted
Ok, so the bank have called my bluff and wont respond to any further letters. They are waiting for my court date, but the thing is I have now run out of money to fund the court case :(

Should I consider asking the Financial Ombudsman to proceed with the case? Or wait 3 weeks until I have the money to fund the case (making me look rather unconvincing).

 

With the goalposts on the brink of moving, I'd love to get my claim in before its too late

 

I'm behind on my mortgage and my secure Homes bill (they pay all my bills) so my moneys tied up in repayments over the next few weeks until my bank loan arrives, at which point I can fund the case, win the money back and get on with things.

 

Its give up or go down the free route if action is required immediately....

 

I would apply for help, the documnet you need to fill in is realy nosey regarding your finances, so i borrowed the £80 off my mum. But if i had no choice i would have done it.

BL:)

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  • 3 weeks later...
BreadAndButter

BreadAndButter

Posted
  • Author
Posted

Can anyone give me a template for the Fincancial Ombudsman claim form?

 

I cant afford to go to court, and its now got to that stage. I've been in it a few months, but Lloyds aren't moving. As a certain source of cash didnt come through I cant afford to pay the up-front court fees, I also dont want to pay a no win no fee law company as they take 25-40% as fee.

 

any help appreciated, I'm submitting the form today...

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reidnet

reidnet

Posted
Posted

Hi you can use these forms to complain to the FOS

 

PDF Format Form

http://www.financial-ombudsman.org.uk/consumer/form/complaint_form.pdf

 

Word Format Form

http://www.financial-ombudsman.org.uk/consumer/form/complaint_form.doc

 

Good luck mate..

 

Ian

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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  • 2 weeks later...
BreadAndButter

BreadAndButter

Posted
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Llloyds mailed me to say they had not reached a resolution to my account balance which is currently over £800 OVER my overdraft, ALL charges that I want resolved in court. They want it settled in 10 days.

 

I called them to say I was awaiting a court date, and they said to sort it ASAP otherwise they would

a) send debt collectors and default

b) close all accounts in my name, business or otherwise, and

c) I would not be allowed to step foot in a lloyds tsb branch for an account for at least 6 years.

 

As soon as I mentioned reclaiming charges they basically read this out to me, as if to scare anyone who calls to claim charges

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Guest NATTIE

Guest NATTIE

Posted
Posted

a) write to them and say that the account is in dispute becuase they cannot issue a default while the account is in dispute.

b) which is usual

c) as of B) where an account is to be closed as a result of the way the account is run.

 

Dispute letter may be a good start after all if a DCA did come round they cannot get any payment plan when the amount is disputed by you.

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  • 4 weeks later...
BreadAndButter

BreadAndButter

Posted
  • Author
Posted

At what point in time do I claim overdraft interest from?

 

I have gone over my overdraft because I dont use the account anymore, so do I add interest charges from the point I went over my agreed overdraft, or do I put interest charges from my first charge?

 

No-where seems to clearly explain this process from the txt's I've read. Im only assuming I agreed on the overdraft so I cant claim that.

 

So, is it

 

1)All interest since the beginning of my account

2)Interest accrued since I went over my overdraft

3)Interest accrued since my first claim (making out their charges put me in debt)

4) Any charges received whilst in my overdraft

 

Also, once we've established where I get the figures from, do I add my own 8% interest onto them like I have all my other charges?

 

Thanks

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Mad Nick

Mad Nick

Posted
Posted

You need to distinguish between :

  • charges
  • interest on the charges
  • interest on your 'normal' transactions.

You obviously claim all the charges. You claim the contractual rate of interest on the charges from the date they hit your account. I presume that without the charges (and interest on them) that you would be within your overdraft (ie still paying the authorised overdraft rate, but not the higher unauthorised overdraft rate which they are currently charging you). You should therefore claim this "excess" interest back as well. To work that out, it's probably best to get hold of Vampiress' or Mindzai's complex charges spreadsheet which takes into account your changing balance over time and separates out the various elements above. I didn't go down that route because I had a simpler situation (virtually always in authorised overdraft) but others have done what you need to do.

 

Finally, all the above is "contractual" interest. The 8% you mention is Statutory interest. It's what the Courts can add at their discretion - really designed for claims where there is no relevant contract interest rate. So if you follow my 1st para, just refer in your Court claim to the 8% Statutory interest as an alternative for the Court to consider. There's appropriate wording to copy from various threads when you get that far.

 

Regards, Mad Nick.

Abbey £8370 settled 17 Apr 07

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BreadAndButter

BreadAndButter

Posted
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Posted

Sent the court claim tonight, cost me £120, claimed a shade over £2k. I got the money from my new credit card. Not only do I have a credit card for the first time in about 4 years due to bad credit, but I'm using it to claim back over £2k! :)

 

Annoying thing is I'm doing it for Gordon Brown, as I owe him £2k in a couple of weeks :(

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kippy2

kippy2

Posted
Posted

hope the interest on card isnt too high, so the banks are now making money out of you on the interest! you cant win can you :mad: pay if off as soon as you can, i hate credit cards but am a credit card tart thanks to martin lewis.:D

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datxman

datxman

Posted
Posted

Good luck, I know what it is like not to have the money to file the claim in the courts. I have another three to do and I have got two on the go now but it will be worth it in the end.:)

Datxman v Lloyds TSB 2006 ** WON** 27/2/2006

With no conditions

Datxman v Capital One 2006

S.A.R - (Subject Access Request) letter sent - July 2006

Non-compliance letter sent - 11/09/2006

enforcement letter sent - 11/09/2006

Statements finally received - 27/09/06

Prelim Letter - sent 28/09/06 - £540

Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds

Datxman v Barclaycard 2006

Won no conditions

 

 

[sIGPIC][/sIGPIC]Time is running out for the banks :)

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  • 2 weeks later...
Hibbit

Hibbit

Posted
Posted

You will get instruction from the court to fill in an Allocation Questionaire and to send it back to the court. Follow the instructions on this site, how to fill it in etc it's pretty simple. I think the information you need is in the template section. Check it out.

Hibbit v Lloyds TSB -Classic Account Started August 2006

Claiming £2278.53.

Litigation in progress. AQ sent and AQ received from S,C&M.

:!:CASE STAYED UNTIL 21/01/07 TO ALLOW SETTLEMENT:!:

Hibbit v Lloyds TSB - Asset Mastercard started January

2007

S.A.R sent

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  • 1 month later...
BreadAndButter

BreadAndButter

Posted
  • Author
Posted

Ok, so as you can see from my old thread I won out of court

HOWEVER

even though they have agreed to put funds into my account, they haven't yet done this.

 

They said it would get to me in 3 days, but the letter is dated the 22nd of Feb.

 

I rang 3 times today to get someone to give me an answer. The first replied "Someone will call you back", the second went "Stop chasing, I've passed on your details and someone will call you when they want to based on their workload"

My last phone call went along the lines of me saying:

"Tomorrow the court needs to know if I'm proceeding with a court case. As I haven't had any settlement funds, despite your letter, I suggest you call me back immediately otherwise I have no choice but to spend an EXTRA £100 court fees, which again YOU will OWE me, and we will have to meet in court."

 

What do I do? The court want my allocation questionnaire by tomorrow with payment, which I haven't sent because I had an out of court settlement letter. Do I go ahead anyway because, even though I have a letter, I don't have any money given to me yet or can I safely inform the court to quit the claim and chase seperately?

 

It just seems to me that they're up to their dirty tricks by delaying further, because although they have admitted they will pay up, they're stil ldragging it out knowing full well I'm going to have to pay up another £100. this will test again if I'm serious, and even if I am I'm out of pocket by £100 in the time it takes them to pay me!

 

I can't just ignore it, because presumably if I quit the court process, taking off pressure, they could delay paying me, and not pay me at all knowing I'd have to file for the second time until I actually commit to a court date, at which point they finally give me the cash.

 

What dya think?

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