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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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Kitesurfer v Nationwide


KiteSurfer
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Only joined the forum yesterday, and had already sent my S.A.R - (Subject Access Request) letter on 11-04 with info from watchdog.

 

Today I disovered I had made an unfortunate oversight.. I forgot to sign the letter - DOH :evil:

 

I got a reply from nationwide with multiple options for reasons they have not been able to comply with my request (no doubt i will find out all about this when i read this forum in mo).

 

The selected one was 'You have not signed the request' which means I have failed to supply them with sufficient authority.

 

I read through the rest, and discovered that I have also made the cheque payable to 'Nationwide' rather than 'Nationwide Corporate Account' followed by my name.

 

So I suspect that if I had just signed and returned the letter I would have received my cheque back in around another 40 days with more apologies for not being able to assist me due to my own incompetence - nice.

 

As it happens, what i will now do is check this forum before completing my new letter (which will now request ALL statements held for my flexaccount as well as ALL statements for my now closed credit card), cancelling the original cheque, and supplying a new cheque for £10 to cover both accounts, made payable as they require. :)

 

I have had my flex account for 18 years and got really hammered in the early days, I have noticed successes in claiming for as much as 13 years in the forums so will be taking my time to see how far back I can go.

 

Typically I think I binned a bag of statements a couple of years ago.. but still have some left. Anyone know how long they hold records for? I will check around, im sure the info is here, its really cool to have the support and info on hand.

 

I cant wait to join in with getting back what they have taken.. I just need to take more care :oops:

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Thx MilkTrayMan,

I have just had a look at that thread and will keep an eye on it

 

I do have a query - on the letter they sent me it indicates they are expecting the cheque to be made out to 'Nationwide Corporate Account' followed by my name.

 

Does this matter?,

will/can they reject a cheque just made out to 'nationwide building society'?

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Hi KiteSurfer!

...I do have a query - on the letter they sent me it indicates they are expecting the cheque to be made out to 'Nationwide Corporate Account' followed by my name.

 

Does this matter?,

will/can they reject a cheque just made out to 'nationwide building society'?

The subject of WHO to make your P.O./Cheque payable to, when sending off your S.A.R. to Nationwide, was discussed several months ago in the following Thread...

http://www.consumeractiongroup.co.uk/forum/nationwide/57493-morris-owner-nationwide.html?highlight=morris+minor

 

FWIW...

I personally made my P.O. out to "Nationwide Building Society" and received my S.A.R. within the 40 days time limit, without the need for me to further send off another P.O., even though they had initially sent me a similar letter to yours re: Corporate Account etc etc.

 

Other Claimants have made their P.O./Cheque payable to "Nationwide Corporate Account - Claimants Name" and still received their S.A.R.

 

So, it's up to U really?!

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Hi Kitesurfer,

 

I avoided all confusion with cheques/P.O. by taking the letter and £10 in cash to my branch where they politely wrote out a receipt and siad they would send it to head office, I received my statements well within the 40 days allowed. Now at Court Stage having only received one reply after the initial request for payment so waiting to see what their next move is. Good luck with your claim.

 

Regards

McWills

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Nice move..

 

I made the chq out to the corprate plus my name and will see how it goes..

sending recorded delivery tomorrow for ALL my statements and credit card.

 

Good luck with yours too - have you got a thread I can watch

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Hi KiteSurfer!

...for ALL my statements and credit card.
If U have followed the Site's advice and sent the S.A.R. Template Letter, U are asking for "a complete list of transactions and charges", this is NOT the same as specifically asking for just Copy Statements.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

There has been occassions where a complete "list" is all that a Claimant has received from various Banks.

 

Obviously this "list" MAY be supplied by sending U Copy Statements, but in my case, for my Personal Loan details, Nationwide sent me computer gobblygook transaction printouts that took quite a bit of deciphering.

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Proof of delivery 21/05

Exciting isn't it?...lol...:)

Try to use the time that U are waiting for your statements etc productively.

 

Read, re-read and then read some more, all of the various Threads on this site, including those in other Bank's Forums, so that U get a general gist of the WHOLE Re-claiming procedure.

 

A good place to start is with all the 'Stickies' that have been posted, then U can progress by going through the 'Successful Claims' etc

 

Nationwide have 40 days to comply with your S.A.R.

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LOL - i'm all fired up but know they will wait out the full 40 :wink:

 

I have directed quite a few mates to the site, but get the impression they will only take an interest once i've been paid out..

 

I looked around for some old NW statements and found about 1 years worth - in one month i had over £230 in charges!! :eek: and that was after they had refunded me £50 worth... I had forgotten just how bad it was!!

:mad: GRRRR....

 

Still it just makes me feel even better to be working at getting it back..

:lol:

This site makes it so much easier, being able to see where other people are, and all the support is top!

 

I've been looking around quite a bit, trying to find out about claims for more than 6 years. Also want to get my head round the whole going to court bit, so I am prepared.. like u say - i'll have plenty o time

 

I also have just sent my preliminary letter to natwest, so at least I will have something else to do in 14 days on that one..

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Cheeky gits....

rather than signing and resending my original letter, I used the preliminary letter from above, and sent them a new cheque (just to be sure they could not complain about the payee)

 

I only resent the preliminary letter on the 21st and just phoned Natwest to cancel the original £10 chq to nationwide....

 

Only to find Nationwide have already cashed it on the 04/05.. 14 days BEFORE they returned my request!!

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  • 3 weeks later...
  • 2 weeks later...

Finally received some statements (only 6 years worth).

Done my sums, and from the statements received, my charges account for almost the whole of my overdraft (if I include the interest paid on those charges the total accounts for more than my OD).

 

I am not happy about them forcibly reducing my overdraft, especially as I now know that is is entirely due to unlawful charges, I feel that it is unjust, and that they are only doing this because I am making a claim.

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