Help! Any PH legal types around?

Help! Any PH legal types around?

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Chris71

Original Poster:

21,535 posts

241 months

Tuesday 31st March 2009
quotequote all
I've just got a debt recovery notice for car tax on a car I sold about 18 months go. It would appear the DVLA or the post screwed up and the logbook never transferred and, seems I've moved house in the meantime, the first I heard of it was when the credit agnecy tracked me down.

So what are my options?

It seemed like a no-brainer - the DVLA screwed up, therefore they'd have to withdraw the demand, but it seems that somewhere in the small print it states it's my responsibility to ensure the log book is sucessfully transfered. I really don't feel like paying for the combined cock up of the DVLA and the new owner as there was no attempt to cheat the system, I simply wasn't aware it hadn't gone through.

What do you reckon?

bigTee

5,546 posts

220 months

Tuesday 31st March 2009
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I had to pay a congestion charge on my car 9 months after selling it.

DVLA told me bks and pay it as it was my fault I didn’t chase them to make sure log book had changed.

Disco_Dale

1,893 posts

209 months

Tuesday 31st March 2009
quotequote all
Had the exact same thing a year or so back for a Mondeo I'd scrapped 18 months earlier. Wrote them a letter telling them it was scrapped, they wrote back saying they "needed more details", which I didn't because they already had all the details they needed. Never heard anything else.

DVLA are useless. My brother recently passed his bike test, sent his licence off to be amended, 3 weeks later he gets some Chinese bloke's licence back.

Chris71

Original Poster:

21,535 posts

241 months

Tuesday 31st March 2009
quotequote all
Just dug out another V5 and sure enough it does say it, but I can't honestly remember ever getting a letter to confirm a sale before and I've sold a few!

I guess the best option is to write the DVLA a polite but firm letter and see where it gets me. I don't really think it's fair, so definitely worth a go at contesting.

The second thing is what to do about the new owner - he must surely be wondering where his logbook is? I don't have any contact details for him I don't think, but if I can get in touch I'll happily speak to the DVLA and get it transferred into his name ...for an £80 admin fee.

tonyvid

9,869 posts

242 months

Tuesday 31st March 2009
quotequote all
Chris71 said:
Just dug out another V5 and sure enough it does say it, but I can't honestly remember ever getting a letter to confirm a sale before and I've sold a few!

I guess the best option is to write the DVLA a polite but firm letter and see where it gets me. I don't really think it's fair, so definitely worth a go at contesting.

The second thing is what to do about the new owner - he must surely be wondering where his logbook is? I don't have any contact details for him I don't think, but if I can get in touch I'll happily speak to the DVLA and get it transferred into his name ...for an £80 admin fee.
And how did he tax it?

AndrewTait

1,831 posts

193 months

Tuesday 31st March 2009
quotequote all
tonyvid said:
Chris71 said:
Just dug out another V5 and sure enough it does say it, but I can't honestly remember ever getting a letter to confirm a sale before and I've sold a few!

I guess the best option is to write the DVLA a polite but firm letter and see where it gets me. I don't really think it's fair, so definitely worth a go at contesting.

The second thing is what to do about the new owner - he must surely be wondering where his logbook is? I don't have any contact details for him I don't think, but if I can get in touch I'll happily speak to the DVLA and get it transferred into his name ...for an £80 admin fee.
And how did he tax it?
That is just the OP's point. By the looks of it, the new owner hasn't taxed it!

tonyvid

9,869 posts

242 months

Tuesday 31st March 2009
quotequote all
AndrewTait said:
tonyvid said:
Chris71 said:
Just dug out another V5 and sure enough it does say it, but I can't honestly remember ever getting a letter to confirm a sale before and I've sold a few!

I guess the best option is to write the DVLA a polite but firm letter and see where it gets me. I don't really think it's fair, so definitely worth a go at contesting.

The second thing is what to do about the new owner - he must surely be wondering where his logbook is? I don't have any contact details for him I don't think, but if I can get in touch I'll happily speak to the DVLA and get it transferred into his name ...for an £80 admin fee.
And how did he tax it?
That is just the OP's point. By the looks of it, the new owner hasn't taxed it!
getmecoat

That just goes to show that the new owner didn't exactly chase it either... handy.

Chris71

Original Poster:

21,535 posts

241 months

Tuesday 31st March 2009
quotequote all
AndrewTait said:
tonyvid said:
Chris71 said:
Just dug out another V5 and sure enough it does say it, but I can't honestly remember ever getting a letter to confirm a sale before and I've sold a few!

I guess the best option is to write the DVLA a polite but firm letter and see where it gets me. I don't really think it's fair, so definitely worth a go at contesting.

The second thing is what to do about the new owner - he must surely be wondering where his logbook is? I don't have any contact details for him I don't think, but if I can get in touch I'll happily speak to the DVLA and get it transferred into his name ...for an £80 admin fee.
And how did he tax it?
That is just the OP's point. By the looks of it, the new owner hasn't taxed it!
yes

To be fair it's a very minimalist kit car. It may well be track day only or kept off the road in the winter months or something, but still I'm not desperately happy about the fine. You'd think he'd wonder where the log book was, even if he didn't notice the task disc had expired. To compound matters, had I not moved, I suspect the original reminder would have found me before it came to this.

shirt

22,508 posts

200 months

Tuesday 31st March 2009
quotequote all
Good luck!

I have had this before. ring the DVLA and ask to speak to someone with authority. Escalate it quickly as it gets really annoying explaining the situation over and over. If possible, go to your local DVLA office.

Once resolved, make sure they remove the ccj from your credit history and check they have done this.

Jasandjules

69,825 posts

228 months

Tuesday 31st March 2009
quotequote all
You don't need a log book to tax a car. There is a form which you can use - been there and done that.

However, did you send the log book slip part off recorded delivery or proof of posting? That would be useful if you did so you can prove you sent it and that the feck up is on the part of the DVLA.

Chris71

Original Poster:

21,535 posts

241 months

Tuesday 31st March 2009
quotequote all
Jasandjules said:
However, did you send the log book slip part off recorded delivery or proof of posting? That would be useful if you did so you can prove you sent it and that the feck up is on the part of the DVLA.
I'm sure I did, but it was a year and a half ago now. I was staggered that I actually managed to dig out the reciept for the sale let alone anything else.

sleep envy

62,260 posts

248 months

Tuesday 31st March 2009
quotequote all
get a V62 from the post office, fill it in and send it off

when you receive the V5 send it back to the DVLA saying the car has been crushed

people who don't fill in or send off V5s correctly really do grip my st

Jasandjules

69,825 posts

228 months

Tuesday 31st March 2009
quotequote all
Chris71 said:
Jasandjules said:
However, did you send the log book slip part off recorded delivery or proof of posting? That would be useful if you did so you can prove you sent it and that the feck up is on the part of the DVLA.
I'm sure I did, but it was a year and a half ago now. I was staggered that I actually managed to dig out the reciept for the sale let alone anything else.
One thing to do - Take a photocopy of any Document you send to ANY govt incompetency (sorry, agency), then send it proof of posting and staple the photocopy to the proof of posting....

If you can find the proof of posting for it then you can send them a photocopy of it and tell them to f**k off.

Chris71

Original Poster:

21,535 posts

241 months

Wednesday 1st April 2009
quotequote all
Right, sending copies of this by recorded delivery to both the DVLA and the ballifs:

Ref: Sylva Leader XXXX XXX / case no xxxxxx

Dear Sir or Madam,

I am alarmed to have received a debt recovery notice for the above vehicle which I sold over a year ago. The paperwork was sent off to the DVLA immediately after the sale.

I was not aware of any problems with the sale whatsoever and I have since changed address. As a result the credit company’s letter was the first indication I have received of any issues. Had I been aware of the situation I would have addressed it immediately (despite no longer owning the car).

I am keen to assist the DLVA in any way possible in resolving this matter, but I do not believe the fine is fair or appropriate.

I look forward to hearing from you soon.

Yours Faithfully,