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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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Now it's my turn!!!


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Hello all,

 

I posted the template to the Halifax asking for all details of charges form the past six years on the 21st April. The cheque for ten pounds was cashed on the 10th May. I assume I will be receiving my statemennts shortly.

 

The account in question has been closed for a good six months, and we owe some money on a credit card and loan which is being paid off slowly but at a rate we can afford. All accounts with the Halifax have been closed, could they just offset any refund against the money we owe them, or do we directly recieve any justified refunds?

 

Thanks for any help, or if anyone is in the same situation what happened with you.

 

If any refund is forthcoming, I think it is definitely a good idea to donate a portion to this wonderful site.

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i dont think they could use the refunded money to pay the money back you owe... the refunded money at the end of the day is your property not theirs. otherwise in effect its the same as them stealing the money from you - which they pretty much do anyway with all the charges!

 

good luck!

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In the case of a closed account, I can't see how they could do that, they should just make a cheque payable for the whole amount. It would then be up to you to resolve the amounts owed on these accounts / cards.

 

That doesn't mean they wouldn't try....

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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there would be no precedent or authority for Halifax to credit either of your remaining accounts with monies refunded relating to a closed account. They would not have your authority to do so. It is likely that you will receive a cheque as payment.

 

That is not to say that they may "offer" to offset. But they would require your authority/agreement.

"BA Group. The World's favourite CA Group"

 

HSBC 2 claims amalgamated. £1195. settled in full prior to filing claim.

BARCLAYS settled in full 2 days prior to submission of defence by Barclays

CAP ONE settled in full on day 14 of LBA (£210)

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Thanks for all your replies, I've been away for a few days so apologies for the delay in responding.

 

I returned to find statements dating back five years, I've run through them and totalled up all the charges, the magic figure...... £1403.

On to step 2!!!

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Just a quick one, I don't know if anyone can help. The halifax closed my account when I stopped using it when it was £234 overdrawn, all brought about by charges. I suppose it's obvious, but I can't include these charges when I claim back what is owed because I never actually paid them, right?????

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Yes, you need to include all the charges, and then effectively 'pay them back' once you get the refund.

 

I'm in the same position.

 

By the way, have your credit files been affected by this debt?

..

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Hi Jonni,

 

my credit file has been affected through these charges, as I didn't always have enough in the bank to pay credit cards etc, which also incurred late payment charges. It turned into one big vicious circle.

 

Big day for you tomorrow,Court action commences??

Good Luck!!!

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Well, sent the 2nd letter off this morning asking for it all back. Went for the full £1403 in the end. Hopefully this won't give them excuses not to pay at all.

 

Fingers crossed!!

 

They don't have any phone details for me any more so at least things will be done within the comfort of an envelope. Much less chance of confusing me when it's in writing:|

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Since I last posted I have received another set of statements (probably got my tenners worth in postage there!!), the standard 'we'll get back to you in 4 weeks' letter and then today I received an offer of £278 in full and final settlement. I was ready to write my letter stating that I am working to my own timescale and they should comply within my 14 day deadline before my LBA. This offer of settlement has given the old confidence a lift and I can now tie in the refusal of their offer in with the working to my timescale letter.

 

Should I accept their offer but remind them that I will be seeking recovery of the full amount?

 

This looks to be moving in the right direction and my missus is even starting to believe now!!!

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You can certainly accept on that basis, but it's also very likely that they will withdraw it. If you are at the dtage of another letter anyway, just add it into that.

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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It would be much appreciated if someone more knowledgable than myself could scan through this letter and let me know if it is okay? Thanks in advance.

 

 

Dear Sir/Madam,

Thank you for your letters; dated 24th & 26th May 2006, in response to my letter, dated 20th May 2006. I would like to refer back to my letter dating back to the 20th where I outlined the timescales I would be working to, I have allowed 14 days from the date of that letter for you to issue a refund of £1403 in full and final payment in respect of the unlawful charges levied against me in the five years I held this account.

On 26th May you made me a full and final offer of £278.00. Unfortunately I find your offer totally unacceptable as full and final settlement.

I require repayment in full of this money. If you do not comply fully within 14 days of my letter dated the 20th May 2006 then I shall issue you with a letter before action giving you a further 14 days to comply, before starting a claim against you for the full amount plus interest plus my costs and without further notice.

I hope that we can conclude this matter swiftly.

Yours Faithfully,

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I agree with Jonni. I wouldn't even bother. I got the same letter offering £83.00. Not worth the ink and paper replying. Just sent the LBA within my timescale, and now have done the moneyclaim online.

If you found this post helpful please click on the scales, top right. Thank you.

 

If you find this site helpful and if you reclaim your charges please donate by clicking the button at the top of the page

 

First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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if your letter was dated 20th and you gave them 14 days your LBA is due next saturday anyway. As Jonni says, just add a paragraph at the beginning declining their KIND offer!!!! If you have no intention of accepting an offer they'll let it go all the way anyway.

 

My claim is only for £450 and I got an offer of £83. I declined this on my LBA and they didn't even reply. I have been a customer for 30 years and have a mortgage and loan with them all fully paid up and always been a compliant customer coughing up charges on the odd occasion (£450 in 6 years) and they have still held out until I made the moneyclaim online.

If you found this post helpful please click on the scales, top right. Thank you.

 

If you find this site helpful and if you reclaim your charges please donate by clicking the button at the top of the page

 

First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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You can certainly write that letter - it would show a court that you had attempted to resolve the matter at all stages.

 

If you prefer, wait until the date for sending the LBA and include a note in that, as above, stating that their last offer is not acceptable as F&F but you will take it and claim the rest if they agree.

 

Which they won't.:D

..

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Just an update on my progress....

 

 

I haven't managed to send the refusal of offer letter as I got called away for work. Nevermind, I think such a derisory offer deserves to be ignored on reflection:D .

 

As Vix pointed out, the LBA is due on Saturday so I've got that all ready to post off.

 

What will happen now that the OFT deadline for justification of the level of charges has now arrived. Will the bank have anything up their sleeves that could effect anyone not fortunate enough too already have been settled????

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Well, we doubt it!

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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One question that I keep forgetting to ask, the account I am claiming on has been closed but I do have a an unused basic account that has a quid in with them.

 

If I was successful in my claim would they automatically pay the money into this basic account? I would be reluctant to have this done as Halifax have clauses in their contract that states they can withdraw funds from any other held accounts to satisfy any arrears on other accounts. As I have stated before, we do have loan and credit card accounts in arrears which we are slowly paying off. Surely they would just take this money back to lessen the debt on the others.

 

I don't mind closing this basic account because we have a Natwest Current account that we use now, but what is the best/ quickest way to close the account?

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Don't know about that. Have got my charges back today and they were paid into the current account that I claimed them from.

 

I would think the quickest way to close an account is to go into the branch. I have done this before and they close it straight away.

 

Hope this helps.

If you found this post helpful please click on the scales, top right. Thank you.

 

If you find this site helpful and if you reclaim your charges please donate by clicking the button at the top of the page

 

First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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No probs. Hope you get your soon. Good Luck.

If you found this post helpful please click on the scales, top right. Thank you.

 

If you find this site helpful and if you reclaim your charges please donate by clicking the button at the top of the page

 

First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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