Jump to content


  • Tweets

  • Posts

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

Robdblynd v Abbey ***WON***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6118 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

Maria

 

Yes I got the claim number. Have rung this morning but all phones are busy and they've got 3 people holding to speak so could I ring back later. Nuff said I think about the amount of work they're having to get through in the courts.

 

DS

Highly likely, knowing the way my mind works. Read through after typing but my brain sees what it wants to see. I'll never make a proof reader.

 

BB

 

OH firmly put in place about lack of thought and just when I thought I'd got him trained. Oh well, back to the drawing board. :rolleyes:

 

As for court, as I told Maria, I'm gonna have another bash at calling them in about half an hour so will post here if I get any info.

 

Thanks for replying folks, I was just a bit worried as I'd never heard of this action before. :-)

 

JUST HAD A THOUGHT. Do you think I might be going to be the test case??? If I am I hope you'll all pile up here to support me cos it should be good for a laugh. I'll treat you all to a meal if you get here. :D

Link to post
Share on other sites

  • Replies 281
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

OK, spoken to court, very helpful.

 

Papers served on Abb on 15th, acknowledged on 19th.

 

They're gonna defend. :rolleyes: So that makes 12th May their cut off for filing defence.

 

Guess I'd better start re-reading the court bundle stuff just in case and studying the AQ again incase we get one.

 

Feels like I've turned the corner and can just about see the finish line. :)

 

Apparently there's nothing wrong with them hanging on to the paper, they send them to the defendant to get the ball rolling and THEN they're input onto the court computer and then and only then are the papers checked by a senior office. And yeah, you're right, they've got so many claims the poor senior officers are inundated and doing their best.

Link to post
Share on other sites

Good News Tricia,

 

Bless the poor banks staff :D

 

AQ next then court date and shopping trip for you after settlement. And a seriously good offer to cater for 130,000 plus ;) if you have to go to court, as i said safe bet, lol.

 

I look forward to the next installment.

 

BB

Any advise offered is my own opinion, and if in doubt, always seek clarification.

[

Link to post
Share on other sites

Some courts are now not sending AQ's to cut down on time there is a thread in HSBC regarding this I believe sarted by Latterus and also over in General there is a very good thread for AQ (Garyh) and what you would need to do. So nows the time to start reading up. If you need any help just shout.

DS

Link to post
Share on other sites

Hiya BB,

 

If I have to cater for 130,000 it'll be a BYA barbie!!! :eek:

 

Mind, as you say, it's a good bet they'll settle but with my luck I think I'll start buying bread buns about now, should just about have enough in the freezers when you guys get here. :lol:

 

Thanks for offer DS, if I get stuck I'll be sure to yell. Same goes to you, if I can help just holler. I'm hoping the DJ won't bother with AQ cos it seems to get settled faster but I'll be ready if he does. I know the threads you mean & they're a goldmine of info.

 

Just as an update, my mail arived at 3.45pm today and guess what, in response to your acceptance of GOGW as part payment & confirmation we're in court for the rest, I got the standard letter from Richard Harris, Head of Complaints. You know the one that says I've just received details of your complaint blah blah blah and will contact you within four weeks and hopes he can find a solution we're happy with. :rolleyes:

 

Yeah he can, just pay us what you took without authority and unlawfully and I'll be happy. Mind you we're waiting on statements or whatever back to Feb 1997 so maybe there will be claim number 2 heading Abbey's way.

 

And then number 3 with my personal claim, that should keep me occupied for a while.

 

Didn't know so much fun could be had pounding a keyboard. :grin:

Link to post
Share on other sites

Hi Rob,

Just to let you know I got Judgement against Barclays this morning , the Judge agreed with me they breached his order and so he kicked their defence out and has awared me the whole amount of my claim and court costs. I could now get the bailiffs in! he said if I turn in court on 30/4/2007 He would then consider the costs then.

My HSBC claim was settled before court yesterday and just waiting for the cheque to clear - that was against GM Card.

And now it is Abbeys turn - nearly £7K to come back and I am ready to complete the N! form now.

DS

Link to post
Share on other sites

Great news DS, I have replied on both your threads. I'm so chuffed for you. :D

 

Got a letter this morning dated 17th April, in response to my SAR, from Ms Speed saying sorry for delay in sending info etc, got new processes and systems in place to send people their info etc and refunding fee as apology for the delay.

 

What tickled me is she's sent a 'summary of charges' on my personal account which only list type of charge, number of each particular charge, amount charged and running totals on a month by month basis and covering 2004 to 2006. Given that when they defend they ask for a breakdown of all charges and how they're applied I think this info is about as much use as a chocolate fireguard. :rolleyes:

 

Our letters crossed cos on 18th I wrote to her telling her I wanted everything on my account since I opened it as was my right under DPA. I'm going to have a search around the forums and see exactly what to ask for so I can detail what I want and then I'll email her with the list. :)

 

Get the feeling this is another tactic to catch out the unwary.

 

Sorry Abbey, it didn't work. :p

Link to post
Share on other sites

Hi Rob, Have you seen Bongs thread she got back more than 6 years I think you may find it in the settled barclays, she has an amazing thread it is sure worth a read.

Just stick to your timetable and not Abbeys, you will win in the end but you have to prepare to be patient. My claims have been ongoing since before xmas, and has taken some 5+ months to come to fruition. Some claims like for instance Capital One and MBNA were a lot quicker. Abbey, Barclays and HSBC have all taken them to the wire. Although I read somewhere recently, Abbey have settled someones claim once the court date was set. So you are well on your way.

DS

Link to post
Share on other sites

Update:

 

Letter from court dated 19/04/07 saying Abbey acknowledged and intend to defend. :(

 

YesterdayI finally got my copy of the claim paperwork, duly stamped etc, and a Notice of Issue showing Abbey had until 30/04.07 to respond.

 

Taking "deemed serve" date as 15/04/07 I belive that gives them until 29/04/07 to file defence but I'll be generous and leave it till Monday 30th, (29th being Sunday).

 

I feel like we're finally moving, this month seemed forever given that I filed on the 2nd and didn't get my papers back until 24th.

 

Gonna start a new thread re my own account as they're faffing about and I don't want to cloud this thread with info about that one.

 

Hope you folks gonna look in and set me straight if I go wrong. :)

Link to post
Share on other sites

As ever Tricia,

 

"We will bw watching you", (maybe I should rephrase that)

 

Glad things are moving along for you, fingres crossed that it resolves soon.

 

BB

Any advise offered is my own opinion, and if in doubt, always seek clarification.

[

Link to post
Share on other sites

Hey BB, ;-)

 

Glad you're still around.

 

Yes, it's finally moving but as ever, not fast enough.

 

Have started new thread to keep everybody updated on my personal claim entitled (Round 2). Just hope I don't get confused and post in wrong thread.

 

Could you look in on domwonguk's thread please, link below http://www.consumeractiongroup.co.uk/forum/abbey-bank/38062-got-half-my-charges.html

 

He seems have got a £500 refund and done nothing about his claim since then (last October). As I'm no expert on his next steps your advice would be much appreciated. 8-)

 

See, I can crawl with the best of them. :smile:

 

Luv n stuff,

 

Tricia.

Link to post
Share on other sites

Taking "deemed serve" date as 15/04/07 I belive that gives them until 29/04/07 to file defence but I'll be generous and leave it till Monday 30th, (29th being Sunday).

 

 

 

Trisha I think you need to check your dates if it was deemed served on the 15th they have 14 days to acknowledge (which you said they have done), by acknowledging the claim that then gives them 28 days from the deemed served day, to file a defence which I make it 13th May,

Link to post
Share on other sites

You're right, as always Maria, it is 13th May.

 

I actually didn't check the dates on the forms, I just wrote down what the girl at the court said when I rang to see where my paperwork was. Guess she was so inundated with stuff she got herself in a tangle.

 

Oh well, guess I can wait that long.

 

How's your claim coming, any more news? :)

Link to post
Share on other sites

:eek: :eek: Well well well.

 

In post today got Abbey's defence, usual stuff, blah blah blah.

 

Guess somebody must have given them a shake up, they're moving fast.

 

Guess I wait to hear from the court now whether I need to fill in AQ. ;-)

 

Hey ho, another day, another letter. :-D

Link to post
Share on other sites

Hi and good luck but it is actually 14th not 13th sorry to disapoint you , my claim to lloyds tsb was deemed served on 15th April so irang moneyclaim they said that they had until 13th at 0001 but as this was a sunday it would be monday 14th at 0001 oh well only another 24 hours did mine at moneyclaim but should be transferred to local court YORK , might see you there !!!!!

Link to post
Share on other sites

Hi Lisa,

 

Yes I know 13th is Sunday but the civil claims dept. at court told me that they can either send defence in on Friday before or on Monday after. Don't care anyway as got their defence today.

 

Spoken to court office and they say AQ will be posted out today, get it sent back in timescale and we're being transferred to Leeds where there's a judge who deals exclusively with bank charges claims.

 

Don't know if that's a good or bad thing. Wonder if anybody on here has had dealings with Leeds? Might have to search and see, get a heads up and all that.

 

You might get transferred as well, you never know, we could be court buddies yet. :)

Link to post
Share on other sites

Thanks Knelly, good luck to you too. Mind you, when did luck enter the equation, it's unlawful action by the bank, put it right, end of story. ;-)

 

Got acknowledgement on Tuesday, papers returned Wednesday, defence papers today, supposedly AQ tomorrow!! :o

 

Wonder what Saturday will bring?? :roll:

 

regards,

 

Tricia.

Link to post
Share on other sites

Mega-nice thought but I think you're right.

 

I can wait.

 

Can't find anybody else who's been to Leeds CC so I've no idea what to think. All local CC said was that judge at Leeds heard all bank charges cases so maybe because there's so many we've got a dedicated judge.

 

Fingers crossed he's p**d off at the banks for taking him away from more intertesting stuff and we get quick positive results.

 

Hey ho, onwards and upwards as the saying goes. :)

Link to post
Share on other sites

Good Lord, where on earth did you here that?

 

Can a case in County Court be set as a test case? I was under the impression that it would have to be High Court or Mercantile Court to get that. Maybe I misunderstood but surely if it's a test case they're used to set precedent and I didn't think CC could set precedent. :confused:

 

Crikey, it gets more complicated by the day. :confused:

Link to post
Share on other sites

Robd,

 

I've read threads where lots of cases get transferred to one court (like 95 lots) to be heard in one sitting. The impression I get is that the banks like this even less and they settle these claims like mad.

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...