mylittletony
Posted a lot
Posts: 2,362
Club RR Member Number: 84
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Chased by the bailiffs...mylittletony
@mylittletony
Club Retro Rides Member 84
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Apologies for what is probably something that has been covered many times, but I'm in somewhat of a panic. I've searched and found threads detailing the same problem, but not a recent solution... here goes. I received 2 letters over the past week demanding £80 for a late licensing penalty. A debt recovery agency has found my current details and is threatening "recovery procedures"... The facts: I gave the car to a friend's business in Oct '09, it was SORN'ed. They scrapped it probably 9 months later after using it as storage on private land. He is willing to provide details of the apparently very efficient scrappers (stamp V5s and send them in batches) I moved house from the old address. I called the DVLA today, they have told me the car is still registered to me at my old (old) address. I then called the agency (after being told to do so by the DVLA) to say the vehicle has been scrapped and I haven't owned it since oct 09. The agency have told me I "need" the letter from the DVLA stating a change of ownership. Basically, I'd like to know what to do next. I know i'm not in the wrong and I think/hope I'm not liable for the fine, but don't want the aggro of some knucklehead banging on the door trying to take my TV... Help please!! and sorry again for covering old ground... this is what it was (not the same car)    This is what it is:  |
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tell them to get knotted you sent the log book to the dvla, end of your legal responsebility.
they can't prove you didn't.
cubed 55 chevy.
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theres more to life than mpg & to much power is just enough.
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I may be wrong BUT even though you gave the car away and it was SORN'd, you should have still filled out and sent the logbook off so you are no longer the registered keeper.
But that doesn't matter because you SENT IT OFF AND IT PROBABLY GOT LOST IN THE POST!!!
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1993 Mercedes-Benz 190e LE in Azzuro Blue.
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Go on Pepipoo.com and ask on there. Some very knowledgeable chaps!
"debt recovery agencies" can't do anything other than ask for money, unless the DVLA took you to court and either you lost, or didn't show up and the DVLA won due to you putting up no defence.
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Last Edit: Apr 4, 2012 17:44:59 GMT by cobblers
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86mike
Part of things
Posts: 453
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I had the same problem after selling a car to "we buy any car" I wrote them a letter and eventually they gave in and accepted what i said. The DVLA is disgustingly poor at keeping good records, every letter they sent me had a different registration listed. I would tell them that you got the change of keeper letter but as it was 3 years ago you don't have it anymore.
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Tell them in writing you are perfectly aware that your responsibility ends with posting the change of ownership letter to them and legally you don't need to provide the letter from the DVLA, by law they cannot do anything about it.
It may well take a while to get it through their heads, if you get contact from the baliffs tell them you know your not responsible for the debt and that its down to the DVLA and they must take it up with them.
They all try to fob you off, just stick to your guns, provided you posted the V5 thats all that needs to be done, legally they have to prove you didn't post it.
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Volvo back as my main squeeze, more boost and some interior goodies on the way.
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mylittletony
Posted a lot
Posts: 2,362
Club RR Member Number: 84
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Chased by the bailiffs...mylittletony
@mylittletony
Club Retro Rides Member 84
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thanks everyone for your responses, I did think that was the case just needed some encouragement. I'll be sending letters to both of them tomorrow explaining what happened, how I sent off the V5, it was then scrapped and politely give them both a written 2 finger wave. Quick rant: if they'd contacted me by any of my more recent addresses I could probably have done something sooner, seems the DVLA don't associate people with their other vehicles. penance:  |
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andyborris
Posted a lot
Freedom is just another word for nothing left to lose.
Posts: 2,174
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www.consumeractiongroup.co.uk is the place to get help when dealing with debt recovery agencies or bailiffs. Very helpful and with a lot of knowledge, about most money issues.
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andyborris
Posted a lot
Freedom is just another word for nothing left to lose.
Posts: 2,174
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Sholud also have said, try the form letters, there may be a something to send to the DRA that'll get them off your back.
Think you have to join the forum first, before you can download.
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VIP
South East
Posts: 8,293
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I'm going through the same at the moment, as the DVLA claim I never declared the Cuore as scrapped.
Simply write to them and tell them you fulfilled your obligation by sending the relevant notification by post to the relevant address, and that is where your liability ends. What happens after that is out of your control and you cannot be held responsible. Quote the Interpretations Act 1979 to them, which details obligations when serving/sending documents by post.
Insist that you will not be paying any monies without a Court Order.
Refer any debt collector back to the DVLA, as you dispute the charge and therefore the Debt Agency is not allowed to harass you for monies without a Court Order.
DVLA will insist on a copy of their Acknowledgment letter as proof, but legally you are not liable for ensuring the other party does their job, so the Acknowledgment letter is worthless.
Stick to your guns and the problem will go away 99% of the time, as they know they don't have a leg to stand on when it comes to Court against someone who has the facts in their favour.
As advised, have a look through the Pepipoo forums, as this will assure you the above information is correct and what others have both advised and used in previous experiences.
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VIP
South East
Posts: 8,293
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Oh, and if the debt collection agency is Inter-Credit International, then they are just a legal part of DVLA and handle all of these afffairs.
A bailiff can only be apppointed by the Courts after a hearing, so don't think for a second that anyone will come knocking on your door demanding money.
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Last Edit: Apr 4, 2012 20:04:49 GMT by VIP
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Insist that you will not be paying any monies  |
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This is what it is: I know it's of no help with the actual question asked but is that a '55 Chevy ??  |
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You've been telling me you were a genius since you were seventeen ... in all the time I've known you I still don't know what you mean !
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Why even bother writing a letter to them? it wont make any difference at all they wont stop hassling you until they do their usual give up procedure. They will ring you loads for about 2 weeks if they have your number and send a few letters, if they fail to scare you into paying in this time they give up...they know full well they cant do jack curse word and will loose in court if you turn up - thats my experience anyway.
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mylittletony
Posted a lot
Posts: 2,362
Club RR Member Number: 84
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Chased by the bailiffs...mylittletony
@mylittletony
Club Retro Rides Member 84
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cheers VIP, the actual agency is "Philips" I've never heard a peep about this before, so I'm assuming that I haven't missed a summons. They (DVLA) have record of me moving addresses as I took a motorbike with me, so would have been able to track me if it had come to that, right? letters will be sent tomorrow, so we'll see what they say. on another unrelated note, a little birdy moderator (with a beard and a pony-tail) tells me we're practically neighbours! Oh, and if the debt collection agency is Inter-Credit International, then they are just a legal part of DVLA and handle all of these afffairs. A bailiff can only be apppointed by the Courts after a hearing, so don't think for a second that anyone will come knocking on your door demanding money. As for the cubed car, I've no idea I'm afraid - wonders of googimage |
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VIP
South East
Posts: 8,293
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cheers VIP, the actual agency is "Philips" I've never heard a peep about this before, so I'm assuming that I haven't missed a summons. Mine went straight to Debt Collection stage without any warning. There certainly wont have been a Summons as they rely on scaring the money out of you. |
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I've had similar problems before too!
I'd go for Jismondo's lost in the post solution. When you sell a car they send out an acknowledgement letter stating you are no longer the registered keeper but its not exactly a legal document, more a receipt. They don't always send them out.
The debt collection thing shouldnt be taken too seriously either. DVLAs system will automatically pass cases that appear unresolved to the debt collection agency to save time and money. Your credit rating will remain unaffected as your bank details/NI number don't appear on the V5.
Put everything in writing (I'd claim it was lost in the post to simplify things!) and send it to the dvla. They will probably just click the 'forget about it' button, its not worth their while to chase up everything for the sake of £80!
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Sometimes takes a while, took me over a year to sort out my Jaguar V5 when I sold it on.
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Volvo back as my main squeeze, more boost and some interior goodies on the way.
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