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Arup

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  1. Issue Summary: I had been complaining to Argos that I was not receiving the statements. I made the payments over phone as per what they told me over phone last October. I was told that I will be receiving the statements subsequently , so will be clear as to the payments I made. I still did not receive and again I called. The customer service was rude and told me to pay fine and dropped the phone when I complained. I again called Argos customer service and kept receiving confusing narration about my payments over phone, everytime advising me to wait for the next month bill. One person told me that I had to pay 94.5 something and that was final. I did that but again I received call from Argos asking me to pay money. I again called customer service and they were confused and asked me for to wait for the next statement. Then one customer service Nathan told me that the original person who was rude with me actually mis allocated my payment and that is why interest was incurred. I then wrote letter and they did not reply for 4 months , every month they sent me a letter asking me to wait for another month, until I got frustrated. The lady then called me and told me a lie that she sent me response a month earlier, whereas I got the response after another 16 days and it was stamped inside. So it wasn't postal delay but rather a plain lie told to me. In that letter she told statement was sent to me then .. and then .. and then ... and she did not mention anything about the customer service who himself said that the fault was within their department. I again complained about it and explained that they did not reply to my queries, but the team leader sent me a letter saying proper investigation has been done . thats it. Now what should be the way to tackle this. They have now sent me a copy statement which they could have done 6 months back. Instead they kept me awaiting for the monthly statement period which I was never receiving. Without the statements it is very difficult to understand , but despite after calling more than 20 times I have managed to make the complete payment with few days delay. This is torture . Can somebody advice an effective way to teach them a lesson. I can pay off £70 and put a coffin to this matter. But I don't like to be exploited, so want to do something effective even if it cost 10 times that money.
  2. I called up DVLA and spoke to them. They agreed for an out of court settlement for £49. DVLA was more interested in knowing my long credit card number. She appeared to be quite happy when the the money went through and thanked me and said nothing more to worry and that I should enjoy life. These DVLA are some people ... best to rid them off your back so one can do more constructive. But I don't trust those people and God knows when again they will target me for something out of the sky. So I'll ask them to send a letter that they should not bother me for anything more related to this matter ,although she assured that i should enjoy life nothing more to worry.
  3. Ya , I was quite keen to go. In my earlier case with parking ticket the court judge upheld the case and discharged the fine, saying he could not ignore the evidence that I have provided. However I don't remember pleading guilty in that case. I simply sent the evidence and documents to the court. Still my point is I have not done any guilt. There should have been notification / clarification in the process while I have been following the instructions. I have followed the procedure and addhered to by paper and word of communication from DVLA If incorrect procedures is putting me in wrong stance with legal Articles. Then there is legal articles for that too. And so I still think I should use the Interpretation Act. I have read somewhere in the forum here how it was used and it did work out for him. let me know if you have any idea
  4. So you suggest that i should plead guilty ? Then what about the mitigation which you earlier mentioned. ?
  5. Thank you Raykay, I appreciate that was very helpful. Now the converstion looks quite promising. So what should be the next step.. to plead guilty or not to plead guilty inorder to express the mitigation. My point is I have been conversing with DVLA while they were trying to locate my details and I followed and did whatever was told to me. I sent the original V11 and cheque on 21st Nov. When I did not still receive the disc by end of Nov (30th Nov was expiry). I called on 3rd the DVLA and they told me to send me the copy of V11 and cheque. Which I did. I again called on 11th and DVLA said that it will take another two weeks (due to chrismas vacation less people). I received no letters and or warning or reminder. V11 forms says upto 14 days it is not offence, but after that apply for SORN. I was not told what to do as I had already applied for VED so applying again for SORN does not make sense. So I do not want to plead guilty. It is DVLA procedural issue. And hence I want to use interpretation act in my defence.
  6. Coniff, raykay, buzby are you anyway connected with DVLA. Given the bad name it has on the media I'll not be surprised. I'll appreciate your honesty. I have earlier put the Redbridge concil to their toes for a similar bulling with me with a fine where it was clearly not my fault, but they were teaching me nonsense rules. The judge had ruled on my favour. I'll do that this time, with the DVLA and also countercharge them with evidence as its a procedural failure on DVLA's part
  7. Conniff, I do not need to send signature on delivery. There is no requirement as such specified anywhere. Also see the note "A spokesman for the DVLA told us: “The DVLA does not impose any requirements for customers to obtain proof of posting or use recorded delivery in their dealings with us.” extracted from DVLA Loses in Court | Speedy Registrations Blog
  8. buzzby you say "money does not transfer, there IS NO VALID TAX" The above is your interpretation and not any part of Section 29. I related a situation to you earlier "You charge me with a criminal record because you did not encash the cheque that I gave you and you come to me and tell that I have done a criminal act because you have misplaced the cheque that I gave you." Section 7 Interpretations act 1978 is relevant because Section 29 (1) does not clearly specify the grounds and V11 warnings either contradicts or supplements sections s29(1) without mentioning the section if you provide more detailed helpful info rather than making superficial negative comments it will be quite useful to me and also to others who are caved by similar comments like yours from DVLA.
  9. Raykay, you mention "But while you were resending copies etc. your vehicle was unlicensed and should not have been on the public road until the problem was resolved and you had a licence. " It was parked just outside my house and not on the road, on the pavement "which they claim is also highway". But even if that is the case there is no clear instruction given to me as to what I should do, because V11 has already been applied for VED. All I had with me was the copy of the V11 which I could not reuse for separate SORN application. Neither was I instructed any other alternative by the DVLA.
  10. buzby which section of law construe what you mention "The reason the argument is 'similar' is because it is correct in LAW". I think it is ridiculous. You charge me with a criminal record because you did not encash the cheque that I gave you and you come to me and tell that I have done a criminal act because you have misplaced the cheque that I gave you. What do you say ? In such situation the matter is contrary to what you explained to me and is detailed in Section 7 Interpretations act 1978 (IA7 ) Raykay they did not say they are not accepting ... they said to me to resend the copies which I did and they were investigating when it was clamped.
  11. Raykay, buzby, Raykay I don't quite understand what you find different between SORN and VED notification. Both mean the same and the same form V11 is used for that , its just matter of ticking one of the either boxes and paying a different amount. Buzby, DVLA is not my friend. They were providing similar argument like yourself , who refusing to take faults on their part. Although I mentioned them that "I have followed your procedure and informed you of the situation and did whatever they asked me to resolve the issue." But before they could complete their procedure their department clamped my vehicle. I don't quite agree "ONLY defence is to have evidence of the money leaving your account". Taking money and handing over the disc intime is part of their procedure in which I have no deemed or any influence. That is the whole point implied in that posting.
  12. buzby, I don't understand what you mean here. "You DID not 'pay for it'. You supplied a piece of paper than COULD be used to obtain payment, assuming it was recieved and processed correctly. Just because it didn't does NOT absolve you from making the payment, as your bank handn;t given them the benefit of any funds, your position is untenable." I have never stopped them from taking the funds , by giving them a cheque. Are you meaning to say I should have done something more than the procedures available to me. Meaning I should ensure that money is getting into their account (meaning ask them to send the cheque to my bank or urge them to encash it) or I should goto their office and try to find out for them how they may have misplaced the papers and possibly help them in finding that. I don't think what you say is logical, and clearly my view is also the view of the judge in the posting I provided earlier. DVLA Loses in Court | Speedy Registrations Blog let me know your comments and correct me if I'm wrong.
  13. I had already paid for it. Unless they give me the licencse I cannot get it. I have sent the application for license and I cannot apply for SORN at the same time. That does not make sense. The application can be either made for SORN or VED not both together. Moreover my car was parked just outside my house. I did not know until then they classify outside my house as public highyway. But the fact is I have informed the DVLA about the situtation and I was awaiting for their investigation. It has been proved that DVLA do loose letters internally. I do not understand the meaning of bottomline is I have to get it. I cannot get it out of the sky , I can only follow the procedure and it is the onus of the department to provide it to me. This is another link DVLA Loses in Court | Speedy Registrations Blog
  14. buzby , I don't understand your logic. I said I've followed the procedure as mentioned by them. I'm not responsible for their departmental failures. I've tried to co-operate and send them copies as they have requested required for their investigation. As I mentioned earlier , VED was paid on 30th Dec 09 through post office as I could not await the response from the DVLA, because the car was clamped. And waiting for their response seemed useless. Original V11 form + cheque was sent on 20th of Nov 09 as my disc was running out on 30th Nov 09. I contacted again on 3rd Dec on non-recipt of my disc when they asked me to resend the copies and told it will take two weeks at that time (vacation period for them and staff were less) RayKay I sent it addressed to whatever address was there on the form. I have communicate later as well.
  15. If they have misplaced the cheque and form , then why should I be accountable. They advised me to send copies which I retained and I did send those. I have true copy proof of sending them, I've also sent them copies after I have spoken with them as they had asked. So why you should the court work that against me ?
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