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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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dca's and intrest charges


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hello

 

i have been sent today a letter from blair oliver and scott re a hlaifax credit card that i have havenot paid for other reasons etc

 

what i would like to know is now the account is with BOS does that mean halifax will no longer charge me intrest on the account??

 

Thanks

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no they wont BUT some DCA's have been known th charge 8% interst, 1st thing you need to do is send a CCA request with £1 postal order by recorded delivery to BOS template letter on this site some where, make sure at top of letter is says !I do not acknoledge this debt"

If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

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BOS are Halifax's in-house debt colectors. It is highly likely that they will continue to charge interest of some sort.

 

As previously stated send them the CCA request. Do not sign the letter.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally 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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rory just thinkin about a barclay prob and mercers.

will BOS ask for some dosh and send it back to halifax? like mercers do

 

ricky1, is this a case of you just can't afford the payments any more/finance prob that you can resolve.

 

if prob you can resolve in time WRITE to BOS do NOT telephone and explain you having some probs and enclose a token payment.

 

if can NO longer afford payments again WRITE letter explaing it yet again enclosing token payment, in both cases "request" that you will only communicate by letter NOT telephone.

 

as rory has said (soz i didnt know) BOS an inhouse DCA so could well charge interest, most external DCA's don't charge interest but there are some that do

If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

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will BOS ask for some dosh and send it back to halifax?

They usually don't send accounts back as they are part of the same group, but sometimes they do.

 

As mrmarmite states enclose payment with any reduced offer of payment. Once they bank the payment they have legally accepted your offer even if they then send you a letter saying it's not enough. Banking of your payment is legal acceptance.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally 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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i only thought bout it coz mercers asked for token payment and said they pass back to barclay card, I only guess it coz so b-card can dump more chrages on account

If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

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its not that i cant afford it etc,

 

the account was ment to have been on a repayment plan etc were they agreed not to charge me any charges or intrest,

 

i stuck to my plan with a standing order for each month but they didnt,

 

so the start of the year i called them complained to just get ignore so i have chosen to stop paying them untill they respond

 

i have request in the past from halifax the cca and for my statements they have sentme my agreement which is correct as i changed my signiture after singing that agrement

 

but have not seen my statements as of yet.

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ok. so in effect "no payment" they have now responded good.

WRITE letter to them, TELLING them that you will continue to pay £xx.xx pm. make notes of cheque numbers (in case needed for future use :) ) me personaly would run risk of them not charging interest and charges, as they are a DCA they can only charge a MAX of 8%. should they attempt to charge you thats easy, take em to court and claim em back with the 8% interest you are LEGALLY entited to charge. put in letter that you will maintain regular monthly payments of £xx.xx. as said before NEVER phone them, dca known to go back on telephone agreements just to squeeze a bit more dosh outta you, simple don't let them, at end of day they only a business, they are not the law. they have no rights to demand anything, take stock and CONTROL. do not let yourself be dictated to. i been down this road several years ago. got worried and stressed and panacked, not any more,

If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

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so the start of the year i called them complained to just get ignore so i have chosen to stop paying them untill they respond

 

Ricky

 

Don't ever do this. If they go for a CCJ that will be to pave the way so that they can get a Charging Order placed on your property, meaning that if you sell your house they can get full payment from the proceeds, regardless of how little they paid for the debt.

 

To get these things through the court they will try to claim that you have been uncooperative, and in my case the courts accepted this without a shred of real evidence. This is why you must always deal in writing and never on the phone. Always pay something each month, even if this is a token £10. Keep records of everything and make sure that you have clear documentary proof that you have corresponded and that you have maintained regular payments. This will be powerful evidence if they ever take you through the courts.

 

Hope this helps

 

V.

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cheers m8 the best part is they cant take my house as im rentingfro the local housing,

 

i will be writing back to them telling them they might want to responed to the letters with there reff number they have supplied, and see how iget on

 

all i want is them to stick to there agreement of not charging me intrest, so now its with temthe DCA i wanted to know if they will still chearge me intrest

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