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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?
    • 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
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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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BelleVix vs. LloydsTSB ** WON **


BelleVix
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Hi,

 

I have sent all the letters and have received the standard 'not a hope' response... so am filing court action on Monday. I need to sort out the spreadsheets for the interest and then will submit. What I am asking is... on the forms for the court, where is says value, do I add everything together including the court fees? :confused: And just below that, it says Amount claimed, court fees, solicitors costs then total... isn't that duplicating the value? or should the value just be the charges plus interest? :confused: Probably seems like a daft question, but I want to make sure this is completely correct!

 

Thanks for any help!!

 

Belle :-)

 

P.S. this website is brilliant ;-)

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Value:

Bank charges (and overdraft interest if claimed) - £XXXX

Data Protection Act Fee - £XX (if claimed)

S69 8% Interest - £XXX

Total of - £XXXX

Plus daily interest at 8% of £0.XXp from the date of issue until settlement.

 

Amount claimed:

Charges + Data Protection Act - £XXX

Court fees: £XXX

Sols costs; None

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Guest Mumofthreeboys
Hi, yet *another* question... is the money claim thing the same as taking it down to the court yourself and getting them to stamp it??

 

No, Money Claim is online. The paper version is the N1.

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There are 2 instances of interest you can claim:

 

1.When you go overdrawn the bank will charge you interest, perfectly lawfully.

 

However, if part of your overdraft is made up of penalty fees, they are also charging you interest on these too and it is this interest which you are entitled to claim back, but it's tricky to separate out from the total interest figure.

 

Vampiress has a spreadsheet, (the advanced one), in the bank templates library, which attempts to calculate this

 

It's quite complex and unless your claim is large may not amount to that much, so for simplicity's sake, some people don't bother

 

This is the interest referred to in the preliminary and LBA letters.

 

2. Section 69 8% interest on your claim, but only when you submit a claim at court. Don't add this interest before moneyclaim. If you are not claiming overdraft interest use the Simple s/s here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

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Hi Michael,

 

Thanks so much for your help - I've gone with the simple spreadsheet!

 

Final question (it has to be as I'm printing everything out tonight!) - does it matter what address I put down for the bank on the N1 form?

 

Many thanks,

 

Belle :)

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Also, can you advise on the below:

 

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £XXXX and any interest charged thereon;

b) Court costs;

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

Specifically, what interest does (a) refer to - the excess interest, which I'm not claiming, so should i take it out?

 

Thanks for any help offered,

 

Belle :)

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  • 2 weeks later...

Hi Belle

If you PM a mod with it in the follwoing format

username v Bank Name

 

Claim number: 2QZ22222

Issued: 2.10.06

Court: MCOL

Charges: £1,234.00

Interest: £234.00

Costs: £120

Total Claim: £1588.00

 

then theyll put it in the litigation section for you

 

skb

Victory over Lloyds £890

Click!

Victory over Vodafone: default removal

click!

Victory over Lloyds PPI claim £2606 click!

Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)

The GF's battle against RBS click! stayed awaiting the end of the world

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  • 3 weeks later...

Hi, I just phoned the courts and it would appear LTSB haven't submitted a defense (they had until last Friday to do so). I am going to request a judgement, what will happen then - will the judge rule in favour of me :confused: :confused: ?? I would presume that if LTSB have submitted a defense and it shows up after i have requested a judgement then things will continue and i will be sent an allocation questionnaire. I am aware that i haven't sent any mod my claim details and will do this tomorrow when i have my claim paperwork with me - sorry!

 

Belle

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Hi - can anyone help? What happens when i send in the form for requesting a judgement - do i have to do anything else, what will the judge do?

 

i am fully expecting LTSB to submit their defence late or something, so it probably won't come to this but i would like to be prepared - i've read up on every other eventuality but never expected this one lol!!

 

Belle

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Hi,

 

I just phoned the courts and I had it slightly wrong before. The bank haven't acknowledged my claim (I thought they hadn't submitted a defense), so I am going to request judgement. I now have two questions...

 

1. Will the judge rule in favour of me? is it likely rather than probable?

2. Should I request the bank pay immediately or should I be nice and give them a week to pay?

 

(That was three!! :) )

 

Thanks,

 

Belle

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Chances are that Lloyds will file their defence late and it will be allowed by the judge, so don't hold your breath....you never know though, you could have slipped through the net :)

 

Askk for payment straight away - like I said, it is likely that they will submit their defence anyway.

 

Good luck :)

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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thank you! I am fully expecting them to file their defense late, so I haven't got my hopes up, but wanted to know just in case.

 

I really want this money (am getting married in less than three months - eeek!) and am sooo nervous at the moment. I can't remember how many letters I sent them (I have the LBA) and while I think I sent them 2 I can only find one. I am really worrying i've messed this up now, and they'll come down on me like a ton of bricks cos i didn't try and sort this out to a greater extent before litigation :(.

 

I'll send it off today as you suggest Dolly - thanks for the advice :D

 

Belle :)

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