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Jul 20, 2009 11:09:46 GMT
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Got a letter from a nice company this morning called Moorcroft Debt recovery headed Pre litigation notice......
Dear sir,
We have been advised by the DVLA that you have failed to renew your vehicle excise duty or make a SORN
Blah blah blah....
call this number to pay £80 now etc etc etc.....
Reg number D40 OYB. Offence date 19/12/08 penalty date 13/03/09
Yours Sincerely
AJ martin.
Now the car they refer to was broken up by me and taken away by a scrap merchant early last december he cubed the shell later that week....
In the film you can see me pass the (already signed by me) V5 over to the guy to deal with.
anyway...
I rang the DVLA to ask them about the letter and to say I was going to appeal against the fine, there answer was to tell me to call the Newcastle ENFORCEMENT office whos automated message says to appeal I need to provide the letter from the DVLA confirming the car is no longer my responsibility.
I have no memory of receiving this letter and looking online I see that the number is still active (does this mean the DVLA never got the V5?)
I believe it is up to Moorcroft to prove that I am liable to pay this fine because the car is no longer mine and the correct procedure was followed and as far as I'm concerned that's that.
This letter is the first thing I have heard about this, aren't the DVLA meant to contact me to resolve the issue before selling the debt onto some workshy DCA??
Has anyone else had this experience?
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Last Edit: Jul 20, 2009 11:16:26 GMT by suterman
1985 Bedford CF2 camper 1991 Volvo 240 Turbo
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orangecords
Part of things
yawner extraordinaire
Posts: 892
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Jul 20, 2009 11:22:18 GMT
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my girlfriend had this not long back. basically she argued the point with them over the phone and in writing by passing the phone number of the guy that collected the car and being uber insistant with them. i possibly have a copy of her letters on the pc-ill have a look and if i find them ill pm them to you
basically we spoke to the c.a.b and on their advice stated that it was their duty of care to ensure their paperwork was kept up to date.
we didnt have to pay it-took about 6 weeks of snotty letter sending to get round it....
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I then wanted to start cleaning the interior as it stinks of wood (the material not the smell of a boner) best quote ever!
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Jul 20, 2009 11:38:42 GMT
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It's down to you to send off the v5,not the new owner.AFAIK the car is your responsibilty until the dvla receive it....Speeding fines,parking tickets the lot. May be wrong though i guess.
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stealthstylz
Club Retro Rides Member
Posts: 14,841
Club RR Member Number: 174
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OMGDVLAWTF!stealthstylz
@stealthstylz
Club Retro Rides Member 174
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Jul 20, 2009 11:44:20 GMT
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^^Correct. Your responsibility to send the V5 off declaring it as scrapped i'm afraid.
Matt
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OMGDVLAWTF!retrowagen1234
@GUEST
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Jul 20, 2009 11:44:58 GMT
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yeah the registered owner should send the v5 off , so that vid would not help your cause....
just argue the point that it was sent on such and such date... until they give up. its not your fault if the postal service in the country is curse word
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piperfish
Part of things
Dinky-di 100% meat and veggies
Posts: 386
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Jul 20, 2009 11:50:40 GMT
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HKP is right it is down to the registered keeper to notify disposal. What you should do in this situation is complete the new keeper section on the V5c as the scrap yard and tick the scrapped box. You could try and argue it but will probably end up paying.
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Its my snake...I trained it...and I'm gonna eat it....
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bortaf
Posted a lot
Posts: 4,549
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Jul 20, 2009 12:10:25 GMT
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Same as above been done a few times this way, i scrap cars for a living, even if you sent off the V5C/3 if you hadn't received a letter of confirmation within 4 weeks it's up to you to contact the DVLA and sort it out, it's all on the back of the V5 in black and white (well OK black and yellow but it is there). good luck anyway i got off with 1 out 4 fines but only cos i had a letter of destruction (which all propper scrap yards will give you when they keep the whole V5C)
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R.I.P photobucket
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Jul 20, 2009 13:37:23 GMT
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If you ignore then don't they go away? I'm sure I heard that somewhere.
Id write to them saying that you sent the V5C off the the DOOVLA and never heard anything back. Half the time youll recieve a letter saying "no further action will be taken"
Anyway, whats it like to be a criminal? I'm glad you don't live in my area as youd probably burgle my house and nick the galaxies from my 944, you evil evil man.
*edit* just had a thought, presumably the scrapman still has the V5C. Go and see him and get him to send it off, backdate it to the date he took the car away and hey presto! His problem now.
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Last Edit: Jul 20, 2009 13:40:28 GMT by Lankytim
1987 Maestro 1.6 HL perkins diesel conversion 1986 Audi 100 Avant 1800cc on LPG 1979 Allegro Series 2 special 4 door 1500cc with vynil roof. IN BITS. HERITAGE ISSUES.
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MWF
Posted a lot
Posts: 2,945
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Jul 20, 2009 16:06:25 GMT
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If you ignore then don't they go away? I'm sure I heard that somewhere. In my experience yes.
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qwerty
Club Retro Rides Member
Posts: 2,410
Club RR Member Number: 52
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OMGDVLAWTF!qwerty
@qwerty
Club Retro Rides Member 52
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Jul 20, 2009 17:10:45 GMT
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I had this as well with an old polo I sold. Ended up having to pay the DVLA £40, hey ho lesson learned.
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1900sr
Part of things
I like Mantas me!
Posts: 875
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Jul 20, 2009 17:39:11 GMT
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What you should have done is fill out the sold to a trader section, and sent that bit off to DVLA, or as said above get a certificate of destruction.
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Jul 20, 2009 17:44:14 GMT
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This happened to me a while ago. I scrapped a car, scrap man said he would sort out the log book. I trusted him... I got a letter a couple of months later with details of the fine for not declaring SORN. I spoke to a mate in the plod, his advice was to forget about the scrap man, as I'd still be liable as its my responsibility. He suggested I might have a copy of a reciept dated around the time I sold the car with a "foreign sounding name" and and address in a local area of bedsits favoured by students and migrant workers. He also suggested that this reciept might state something like "fire damged vehicle sold for spares only" Amazingly, I did have such a reciept. Which I forwarded to the DVLA along with a letter explaining that I did send the V5 off... is it possible that it was lost in the post? And that was the end of the matter. Well for me anyway. not sure if Mr. M. Urdra ever recieved any correspondence The reg is no longer active though.
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Jul 20, 2009 19:04:54 GMT
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when the dvla write to me about a unsorned / untaxed car i have sold or scrapped, i tell them (in writing) that i DID inform them when sold and request a reply from them within 4 weeks - that puts the onus on them, and they always send out the 'no further action' letter.
Moorcroft Debt recovery are a bunch of cowboy bullies who will call at your house and try to gain access, (often walking in without knocking) then charge you 38 quid a visit for the priviledge - avoid moorcroft visits by writing / phoning to tell them the dvla have made a mistake, and you and the dvla are sorting it out - if moorcroft wont drop it, get a letter from your legal representative withdrawing their implied consent to enter your property (walk down your path or driveway) and warning moorcroft that they will face civil action for harrassment if they persue this further without fresh instruction from dvla.
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Someone just shot the elephant in the room.
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Jul 20, 2009 19:05:11 GMT
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I have been liaising with someone fighting the same scenario,DVLA won't let it go...nor will he . If you put the letter in the post then you have fulfilled your obligation although according to DVLA if you haven't had a letter back in 4 weeks confirming they received your letter you should chase them. When did it become OUR responsibility to ensure THEY do their job correctly ? If you have put the form in the post to them then they have to take you to court and say you are a liar and then prove it. Most people simply pay up . I'd fight it to the death.
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Last Edit: Jul 20, 2009 19:06:58 GMT by kapri
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Jul 20, 2009 19:09:07 GMT
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Maybe you should charge them £25 for each letter you send them.
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1987 Maestro 1.6 HL perkins diesel conversion 1986 Audi 100 Avant 1800cc on LPG 1979 Allegro Series 2 special 4 door 1500cc with vynil roof. IN BITS. HERITAGE ISSUES.
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Jul 20, 2009 19:15:14 GMT
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Do not get me started on the DVLA! I don't have time to list all the reasons they've jerked me around recently, but if I suddenly became prime minister I'd close down the whole flipping operation on my first day in number 10!
[My manifesto] 1: Car tax abolished: Result: No un taxed cars, No chasing tax dodgers, No Sorn. No millions pumped into a pointless govenment agencie. 2: As you can only drive one car at a time all license holders would pay a yearly charge for their license, which would cover third party insurance, as well as road usage, this charge would be collected direct from earnings. Result: No uninsured drivers. No chasing uninsured drivers.
The beauty of these two changes is that I'd be less likly to try and get my moneys worth out of tax by using my car all the time! which is what the government wants us all to do, and is something I've taken steps to do by living nearer to work, cycling when I can and combining trips (IE: work and shopping) BUT if I'm using my car less for local trips I want to have something more suitable for long journeys and weekend fun not a tiny city buzz box! Unfortunatly if I do, the tax goes through the roof and as long as I'm paying through the nose just to own a decent car I'm going to get my moneys worth by using it more!! Result : complete opposite of what they are trying to achive!
But as we all know there is no place for logic in politics!
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OMGDVLAWTF!retrowagen1234
@GUEST
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Jul 20, 2009 19:15:24 GMT
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When did it become OUR responsibility to ensure THEY do their job correctly ? although i think the dvla are a bungling bunch of retards i do think they are right on the follow up thing, they cant be held responsible for the curse word postal service. Neither can we tho , which is why to sort this, pick up the phone and try to understand what the woman the other end is saying for half an hour, .... usually sorts it , ive had to do it a couple of times and just ended up sending a written signed letter saying i scrapped the said vehicle on said date and so and so scrapyard... dvla was informed at time.
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harris66
Part of things
drive it, break it, fix it and make it quicker!
Posts: 699
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Jul 20, 2009 19:30:15 GMT
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omg indeed, the dvla are my favourite hate of the moment, ive had a very similar incident with them, when i split from my ex, she had possesion of my car in her garage, sorn ran out and i got billed 80 for her not letting me have the documents, police didnt want to know as it was domestic with non violence! recently sorned a car I'm not intending to use anymore, had the conformation of sorn through the post, in big letters it states i must not keep the vehicle on a public road etc etc otherwise it could lead to a fine of 5k or imprisnment my god police state or what..................
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1.2 corsa daily, 1.8t a4 avante, 6.3ltr austin a40....
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Jul 20, 2009 19:41:27 GMT
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[My manifesto] 1: Car tax abolished: Result: No un taxed cars, No chasing tax dodgers, No Sorn. No millions pumped into a pointless govenment agencie. 2: As you can only drive one car at a time all license holders would pay a yearly charge for their license, which would cover third party insurance, as well as road usage, this charge would be collected direct from earnings. Result: No uninsured drivers. No chasing uninsured drivers. I'm with you on #1 - although someone has to keep a register of who owns which vehicle, and if its not the DVLA it will be some equally user friendly organisation. The whole point of the fines and the registered keeper being responsible for notification were because of the poor level of upkeep of the records. Its only been like that for like 12 years now so its not rocket science. You sell the car, you are liable until you tell the DVLA. On part 2 of your manifesto, although I like the idea you forget that insurance has two purposes in the UK - 1 is to reimburse people for losses relating to motor accidents and 2 is to prevent 17 year old lads buying an Impreza STi as their first car when they pass their test...
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1937 Austin Street Rod - 1941 Wolseley Not Rod - 1956 Humber Hawk - 1957 Daimler Conquest - 1966 Buick LeSabre - 1968 Plymouth Sport Fury - 1968 Ford Galaxie - 1969 Ford Country Squire - 1969 Mercury Marquis - 1970 Morris Minor - 1970 Buick Skylark - 1970 Ford Galaxie - 1971 Ford Galaxie - 1976 Continental Mark IV - 1976 Ford Capri - 1976 Rover V8 - 1994 Ford Fiesta
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Jul 20, 2009 21:23:00 GMT
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wish i could afford a scooby and I'm well over 17 years old! not the a scooby is retro but still!
i have had in the past some dealings with the dvla and local plod as sold a car as a non runner to a small car dealer. got tickets from the council in brighton and the final straw was when miss plod knocked on my door asking if i was teh owner of said car "suzuki swift git E reg" and i said no as the only car i own is the one parked on the road opposite my house. she was not pleased and said i should inform the dvla of which i produced dated copies of the recipt of selling the car and letters to the dvla reporting that i am no longer the owner of the car. and then no further action etc was taken. (car was apparently involved in some domestic argument)
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