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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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London Scottish-still paying after 14 years//**SETTLED**


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Disgusting!

 

I thought provident were bad, but this makes them look like the local credit union!

 

How awful for your aunt and uncle, people of their generation do worry over missing payments etc. and they would have probably kept paying this forever if you hadn't stepped in. I can't imagine how you can reassure them that what you are doing is in their best interests.

 

The important thing is to keep going and to keep coming back for advice when you need it....you'll find plenty of it here. And those who can't advise will give you some encouragement and support.

 

I'll leave the practical advice to those more knowlegable than me but I will follow this thread with interest.

 

Good luck

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Thank you hisholiness and baby bear, its appalling the amount of money they have paid well over the odds.

 

Small update.

Presently going through the motions by way of London Scottish complaint procedure. Still no credit agreement.

First letter went to Mount Street address,then had a letter from Quays Reach to forward copies of all correspondence re:Everything Financial.

The collector has not been since I handed him his notice of trespass!!

Following that,I sent letter of complaint to Everything Financial.

Have forwarded all paperwork to TS so will see what they come up with.

I fully intend to get some of their money back,will update with any further development.

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Hi rosemary

I didn't send SAR. I sent CCA request to the branch that had been making collections from my G/aunt & uncle. This was "Everything Financial" in Bromsgrove Worcs. I am presently going through London Scottish complaints procedure. Let me know how you get on, do you have a local branch? I believe you can send your SAR to head office either way.

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Hi babybear

Thanks for your kind thoughts.They are both fine but still worry about whether its right for not honouring their debts as it were.Will update on any progress,I'm angry as hell with these people.

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Bet you are, I'd be too...

 

Might be good to let them know that there are thousands of real people here 'rooting' for them, and re-assure them that they are perfectly within the law and thier rights :)

 

BB

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For everyones benefit, as others seem to be coming out of the woodwork with these "forever payments" to London Scottish, here is London Scottish's complaints procedure. To view properly or print , right click save the images and then rotate them in Windows picture viewer.

 

RWcomps1.jpg

 

RWcomps2.jpg

 

Good luck, Dave.

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  • 1 month later...

Okayyyyy update at last.

It seems the Bromsgrove offices of "everything Financial" had closed down last December,so that is London Scottish trying to wrangle out of their non-compliance.Have reported to all authorities who don't really appear to be that interested but I'll keep on at them. My G Uncle has since suffered a couple of heart attacks so I want to close this for him and my G Aunt.

Went through the complaint procedure with LS and today the following arrived.

 

 

LS1.jpg

 

LS2.jpg

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Hiya angel49 :)

 

Congratulations and huge hugs from me to you, your G aunt and uncle.

 

Hope your G uncle feels better soon and that this result will allow you all to relax and forget about this whole sorry saga.

 

Best wishes

 

BB

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Thanks Dave

I was hoping you'd drop in. I feel good now its done. See you've been having some fun............

Good result for your relatives though I suspect had this been your alleged debt you may gave considererd continuing the fight with London Scottish.;)

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Congratulations! well done!!!!!!!

 

Their position with respect to CCA/enforcement is similar in repsect to what I received:

 

http://www.consumeractiongroup.co.uk/forum/general-debt/103600-non-conformance-under-s10.html

 

It is interesting that they settled for such an amount, gives hope to us all.

 

Many thanks for sharing this.

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Angel49

 

I have just read your thread and am disgusted that this type of situation should arise in this day and age.

 

What an excellent result, well done, you must feel very proud of yourself.

 

There may be many more elderly and vulnerable people in society today being ripped off in this fashion - have you thought of talking to the newspapers?

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Thank you all for your comments,much appreciated.

 

Babybear.I love how you always give lots of hugs-I'm calling you huggybear:)

 

ODC. Damn right,I'd love to go further and get them some money back.

 

Monty. Got to be worth challenging

 

Mr blue sky. definately lots of folk out there that must spend days/nights full of worry.I used to be one of them,this site has helped me deal with my problems.

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Excellent news and well done angel49, you have done a good thing for your relatives.

 

Personally I am most intrigued by the constant referal to section 77 and we are not refunding any monies! I am preparing a case to get repaid all monies on an account with no credit agreement and section 77 will not help them one little bit. It is not a London Scottish account.

 

Anyway well done again.

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Angel I think you would have a good chance of getting something back. They have admitted they have not got a CCA thus making the debt unenforceable. True the debt still exists but they have no legal way of obtaining it. Warn your folk that some other scummy DCA may well try and press for payment by bluff. It will only cost you a stamp and a few minutes of your time to argue with them.

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Read paragraph 2 in letter 1 people!

 

There you have it in black and white from London Scottish themselves!

 

I bet they wouldnt have said this on the phone. I suspect like me DMD you would continue to kick these people now that they are down. After all they have wriiten off the balance and didnt make any condition in doing so (OBVIOUSLY BECAUSE THEY WERE ON A HIDING TO NOTHING) . So I would definately have a go at them for payments which they bullied the people into thinking they had a lawful reason to chase. I really do not see how they can enter a default on someones account if they cannot prove the debt actually exists. No CCA = No Enforcable Debt. Therfore No Enforcable debt = No Default. Seems simple enough.:rolleyes:

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A very good result, I' just wondering what logic has been applied with London and Scottish in placing a default on the account at this very late stage - and considering the age of your relatives it isn't going to have a great deal of effect.... they've given you the cherry back with a bite out of it....

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