Darrel
Posted a lot
Posts: 1,167
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I bought a Ford Cougar off here last month with a new MOT and 6 months Tax. DVLA have just contacted me to say that the cheque that the tax was bought on bounced and as such the car does not have a valid tax disk. They want me to return it.
What is my legal position. I thought if the car had tax they couldnt take it back surely, especially when it wasnt me that bounced the cheque but the previous owner?
I have nowhere to park the car other than on the road and cant afford to buy another lot of tax until payday which is another 2 weeks away. Whats my options?
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I very much doubt that the DVLA care whose cheque it was that was a bit rubbery, as far as they are concerned it hasn't been paid for and therefore not valid.
You're most likely going to need to buy tax and then decide whether you want to pursue the seller for the money back on (if it's the one I'm assuming) a £400 car.
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...proper medallion man chest wig motoring. |
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have you spoke to the seller,
honest mistake possibly?........
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Seriously? What bastards... Its not your fault!, Why the hell are they accepting a form of payment they cant clear before handing over the goods/tax disc? They should be persuing the owner that payed for the tax. Isnt there some sort of law against paying with a cheque if you know its going to bounce? EDIT: Anyother thing!! They wrote me a letter recently saying that they were going to deal with my logbook request on X date due to my means of payment (cheque) This is after being told that they were going to deal with it on a totally different / earlier date so they could write to the registered owner/ query my request.. So they are capable of covering their  ... Seems they are pulling a HMRC shaped trick here... |
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Last Edit: Apr 2, 2013 18:54:37 GMT by Deleted
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You must have been quite unlucky that they wrote to you as the new keeper, rather then the old person, as I assume you haven't got the new V5 through yet?
Unfortunately, as the new keeper, it is your legal responsibility to insure the vehicle is taxed, as unfair as it may seem, you're not going to have much of a leg to stand on.
Write a letter back to them asking for advice, stating your situation etc etc etc, maybe string it out for a few days,, before sending it back and re-taxing with a new cheque, which will clear it after pay-day? ;D
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1971 Range Rover
1977 Jeep Cherokee
1982 W123 Merc 230CE
1992 Peugeot 405 TD Saloon
1995 Peugeot 405TD Estate (having a rest)
1990 Peugeot 205 CJ - For Sale
1985 Peugeot 305 GTX
1979 Honda Accord MK1
1995 BMW E34 TDS
1994 BMW E34 TD
1998 Mercedes 320 CLK
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Darrel
Posted a lot
Posts: 1,167
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Thanks for the replies. The thing is I did check that the vehicle was taxed. I used the Online vehicle checker which at the time stated it was. Its since ive bought it they have changed the status online to unlicensed from Jan 1st 2013. As far as I'm concerned I did everything reasonable to confirm the vehicle was taxed?
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Mate, if you're really that stuck, send me a PM.
Cheers
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1971 Range Rover
1977 Jeep Cherokee
1982 W123 Merc 230CE
1992 Peugeot 405 TD Saloon
1995 Peugeot 405TD Estate (having a rest)
1990 Peugeot 205 CJ - For Sale
1985 Peugeot 305 GTX
1979 Honda Accord MK1
1995 BMW E34 TDS
1994 BMW E34 TD
1998 Mercedes 320 CLK
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I am afraid you need to pay. It is not taxed. The DVLA don't care who pays for it or who doesn't. You are the registered keeper, it is not taxed. It is down to you.
However, you should be getting recompense from the seller who sold you the car as taxed when it wasn't.
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the fella who you bought the car off must be a reasonable person? speak to him
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Fraud owners club member
2003 W211 Mercedes E class
1989 Sierra sapphire
1998 ex bt fiesta van
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`state
Yorkshire and The Humber
Posts: 1,215
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Speak to him and if he doesnt put it right name and shame to save anyone else on here getting stung. He either knew it was going to bounce and did it o purpose or it was an accident but he should have let you know asap and put it right.
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Look at all the plastic people who live without a care.Try to sit with me around my table,but never bring a chair.
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tubbs
Part of things
Posts: 59
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I had the same thing happen to me recently. I argued the toss with the DVLA. Wrote letters back and forth, tbh it took ages but they didnt budge, so I sent the disk back and re taxed it. The motor was sat up my unit, so it wasnt in the road or anything, and needed a new water pump, and had a very short mot when I bought it. But 6 months tax. Or so I thought. So I didnt feel I had anything to loose.
I had another 'curse word' inscident with the DVLA recently. I sold a car in auction, sent the slip back and thought nothing of it. A few months later they wrote a letter saying someone had applied for a log book. So I wrote back saying I had sent the slip back when I sold it at auction. And had no claim on the car etc. A week before christmas they sent me a fine for £80 for failing to confirm I was no longer the vehicle keeper..... W A N K E R S !
So the moral is, send everything recorded delivery !
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Last Edit: Apr 2, 2013 20:59:44 GMT by tubbs
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crazymonkey
Posted a lot
ummm....what was I doing again???
Posts: 1,981
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dvla are useless. we got a sorn fine because apparently didnt sorn it. after a friend helped us by sending them a very nice letter  (incidentally he is in the law sector) they sent a very apologetic letter. now that was a shock. the ironic thing was the paperwork was received the 22nd which they admitted and they didnt process it until the 29th, so sent the fine out on the 27th even though they acknowledged receipt of it  as for your query, only thing I can see is taxing it yourself and attempting to claim off the previous owner. strange how it was declared as taxed on their system before the cheque had even cleared.  |
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whoever said dogs were man's best friend....obviously never heard of cable ties
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As the car was for sale with 6 months tax way back on the 1st of Feb, surely if the cheque had bounced the previous owner would have been told it was untaxed long before the car was sold |
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1939 Francis Barnett Powerbike
1971 Honda C90
1992 Mitsubishi Lancer 1.5 GLX
1993 Fiat Panda Selecta
2003 Vauxhall Combo 1.7DI van
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if its the car from ebay,it said in the ad "Tax until 09/2013 - Will leave on for buyer if i get a price i want for it."...the dvla need all the info...i think theres been mischief here...he says its already taxed at that point,which is well before you bought it...has he not perhaps cashed it in...
big al
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highly tuned for poor economy and increased pollution
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It looks like the person you bought it from bought it with the tax already on it?
If it's the person before the person you bought it from who sent the rubber cheque, i think you just need to buy some tax.. sorry
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I wonder what would happen if you went to the post office and tried to cash the tax in...
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Nothing, as the disc would be sent away to the DVLA
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The thing that gets me about this is that the car had tax when the previous owner had it, and he had it for a couple of months, so surely he would have gotten a letter off the doovla too (unless he never put it in his name).
Darrel, how long was the tax originally for (on the tax disc does it say 12 or 6 months)
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1939 Francis Barnett Powerbike
1971 Honda C90
1992 Mitsubishi Lancer 1.5 GLX
1993 Fiat Panda Selecta
2003 Vauxhall Combo 1.7DI van
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ChasR
RR Helper
motivation
Posts: 10,307
Club RR Member Number: 170
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Speak to him and if he doesnt put it right name and shame to save anyone else on here getting stung. He either knew it was going to bounce and did it o purpose or it was an accident but he should have let you know asap and put it right. As the car was for sale with 6 months tax way back on the 1st of Feb, surely if the cheque had bounced the previous owner would have been told it was untaxed long before the car was sold If it is anything like a seller a chap dealt with on a £15k Astra VXR I would not put anything past most sellers. To cut a long story short, the PO of the VXR applied for a duplicate tax disc and refunded it, leaving the original (and now void) tax disc on the window. New owner went on holiday for 3 months, to find his car had been crushed thanks to him not being able to communicate with the DVLA in addition to being unaware that the PO was the tightest of people (I mean, £250 worth of tax on a £15k car? Please!). In this position you will probably have to cough up for the tax unfortunately. It sucks balls I know, but it's life. Look on the bright side. On my 3.0 Mondeo tax is almost £300 a year even with the LPG deductions added (on the logbook it is down as a Bi-Fuel car). |
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crazymonkey
Posted a lot
ummm....what was I doing again???
Posts: 1,981
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crushing a 15k car  what idiots, I thought they auctioned off seized cars that were worth a few quid. would make sense doing that putting some money back into the economy instead of just crushing it. idiots. |
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whoever said dogs were man's best friend....obviously never heard of cable ties
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(incidentally he is in the law sector) they sent a very apologetic letter. now that was a shock. the ironic thing was the paperwork was received the 22nd which they admitted and they didnt process it until the 29th, so sent the fine out on the 27th even though they acknowledged receipt of it 
what idiots, I thought they auctioned off seized cars that were worth a few quid. would make sense doing that putting some money back into the economy instead of just crushing it. idiots.