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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  So brief outline. Purchased car Jan 30th ,garage paid the tax for me after I gave them my card details so 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 so slightly longer than the original tax set up so 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. So 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 so 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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Just Frugal Vs Lloyds TSB ****WON****


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Hi there,

 

am very happy to be starting a thread for my claim from Lloyds TSB! - thanks already for all the well written advice found on the website and importantly in the forums - it's so inspiring to see people helping each other out so much! (and a perfect example of positive use of the internet)

 

Am claiming £3800 approx before adding any statutory interest (I'm not bothering with any unauthorised borrowing interest calculations) - an amount which will make a huge difference to my finances and lift me out of my debts.

 

I've had their current standard template reply to my first request and am about to send off my letter before action.

 

Quick question though - where to send the letter before action. I sent my first claiming letter to Gresham St in London and now their response has come from debbie gilbert at the Customer Services Recovery Centre, in Andover.

 

Should I send the next letter to debbie at Andover or just stick with the main London address?

 

Thanks,

Just Frugal

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Definitely reply to Debbie at Andover.

You must go for at least contractual interest i.e approx 14% or whatever it may be , otherwise you will be doing yourself out a lot of money, you must not be frugal!!!!!!

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html#post436526

click my scales if you think i am helpful ! yes LHS down there !!

Once more into the breach dear friends,once more

or close the wall up with our banks dead ,

The games afoot,follow your spirit and upon this charge

Cry 'God for Harry' England and St George

Henry V battle of Agincourt 1415

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  • 2 weeks later...

Hi I'm about to file an N1 form at my local court :-)

 

But since my two letters to Lloyds TSB I've been charged twice more, totalling £60. Can I just add these latest fines to my N1 form claim, even though they weren't in my original letters?

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  • 4 weeks later...

Just a quick (non) update.

 

N1 was handed in at Worcester court on 21st March. As of Friday 13th April, the county court office was over two weeks behind in their paper work so they were unable to tell me if Lloyds TSB solicitors had made any response to my claim. The court office folks advised me to put in the tear off request for judgement slip which I did (recalculating the s69 interest) and they said if there had been a response they'd just return the request for judegement slip to me.

 

Well a month from N1 being served is almost up, so even if they'd responded with a acknowledgement of service then the final deadline for defence is due. I'll check with the court next week and see how they're doing with catching up on all the paperwork!

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good luck frugal not far behind you. sent my letter before action and time to get my court details ready nothing from debbie gilbert but still five days to go then i will file my claim i was in the bank yesterday my local tsb paying a bill and a guy in front past a letter in to the bank staff.he was told she would put it wilth the pile she already had with a smile :-)

he was told also by her things are about to change the terms and conditions on each claim i take it with every claim made by ourselfs tsb are going to give us new terms we wait and see anyway best of luck not you will need any

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Well, spoke to the court today. LLoyds filed an acknowledgement of service on April 3rd - thus giving them 28 days since the date of service which was 23rd March.

 

The 28 days are now up, but again the court can't tell me if a defence has been filed by SCM because they have a "massive backlog" on logging defences.

 

The court said they'd send me out another request for judgement slip, which I guess I should fill in and return just in case SCM have been late with their defence - is that the right thing to do?

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Well turns out SCM filed a defence (two pages with 9 main points) about 15 days ago.

 

I just got a letter from the court saying the file has been referred to the district judge for directions. That's all it says. The postmark on the letter envelope is from a different county court to the Worcester one I started the claim at, although the letterhead comes from worcs county court.

 

So does this mean I'm not getting an AQ, or is this the normal procedure before AQs are sent out?

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update:

 

just called the court and they say no, I'm not getting an allocation questionaire. Annoying they did not say this in the letter!

 

The court person I spoke to said I can send in some proposed directions as a suggestion for the judge, so I'll do that as suggested in the "draft order for directions" part of the 'new strategy for AQs' thread.

 

I remember seeing something related to including a bit about why a stay (if requested) would not be agreeable to me so I guess I should send something to that effect too - can anyone point me to the right place for this?

 

From reading other threads I see it recommended that I should also send a prod letter to SCM (as a tactic recommended in the HSBC "New---after 28 Days - Maybe No Aq!!!!!!!" thread).

 

Any other suggestions?

 

btw - the court person i spoke to said my letter envelope probably came from a different county court because they are helping to handle the massive overload of paperwork at the moment!

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Hi, I am at the exact same stage as you at the exact same court against the same bank. I also received the exact same letter as you, didnt say AQ dispensed with and also the postmark came from different court(kidderminster)

 

Take a look at my thread if you like matt v lloyds http://www.consumeractiongroup.co.uk/forum/lloyds-bank/68079-matt-lloyds-3.html

 

I will keep a look out on your thread

 

good luck, matt.

Lloyds settled in full

£4010.02:D

 

Halifax CC settled

£417.00 :D

 

Lloyds PPI

£3672.15 Refunded off loan :D

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  • 3 weeks later...

Hi, I had that letter yesterday and today i got a court date for the 5th July.

Lloyds settled in full

£4010.02:D

 

Halifax CC settled

£417.00 :D

 

Lloyds PPI

£3672.15 Refunded off loan :D

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Hi just read on my thread that you are straight after me. if they both get that far hopefully we will both be celebrating afterwards:D

Lloyds settled in full

£4010.02:D

 

Halifax CC settled

£417.00 :D

 

Lloyds PPI

£3672.15 Refunded off loan :D

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  • 2 weeks later...

I called the court yesterday to check about paying the allocation fee as on other threads I've seen other people having to pay it, but the courts being slack in requesting it.

 

 

worcester court said that normally the allocation fee is payable even if the AQ has been dispensed with, but that all allocation fees for these bank charge cases at worcs court have been dispensed with as well.

 

that's what we like to hear :)

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  • 4 weeks later...

Wow I WON!!!!

 

just checked my account after seeing that Mattyb13 had been repaid (as we were due in the same court on the same day) and there it was.. a nice new 'BC Refund' of £4932.92

 

That's all charges, 8% interest and court fees - nice.

 

I'd sent my bundles off on 21st June and court date was 5th July. I really didn't think I'd hear anything until maybe the day before court.

 

YIPEEEEEE!!

 

Thanks to all for the help. Using this forum has been a very positive experience. Also found another old TnC which i will scan and send in to evidence address. Letter tp be sent to court now. Wonder if I'll get any communication from Lloyds tsb or [problem] about this....

 

Donation of course also to be made to the forum :)

 

Gonna go dance around the house again now!

 

Thanks all

x

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Nice one JF, I took some of the family out celebrating last night and im taking some more out tonight.

 

We are going on holiday in 10 days aswell so the money is a great boost and I no longer have a £2300 O/D with lloyds, great isnt it.

Lloyds settled in full

£4010.02:D

 

Halifax CC settled

£417.00 :D

 

Lloyds PPI

£3672.15 Refunded off loan :D

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Wow, another one!!! Excellent news, congratulations!!!:-D

 

Don't forget the survey!;)

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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thanks for all the congratulation messages :)

 

90% of the money has gone towards paying off overdrafts etc - it's going to make a huge difference to my budget each month.

 

for info [problem] had filed their bundle with the court on the 20th june (2 days before deadline) - I was never informed nor did they send me a copy. I'm going to pop into court next week and go and have a look at it just out of interest.

 

thanks again, survey filled in, donnation to follow :)

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Hmmm... interesting.

 

Yes, I think you should most definately get a copy from the court. When you do would you send it on to me please? I'll pay any expenses.

 

Thanks.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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