Help needed... fines, debt collection, DVLA.. mess!
Discussion
Hi all
Just had a call from a very close friend who's other half (who is heavily pregnant) just received a fine from a debt collection agency...
Now I don't know all the details yet, but I have asked him to find out, but he's fuming angry and also really confused. But I THINK that the rough situation is this:
His OH scrapped a car, selling it to a "scrapper" but she had no V5, so just sold / disposed of it to him.
They then moved house.
Fine from a Debt Collection Agency arrived at their OLD address... (not sure how this happened?) because apparently the "scrapper" has fixed up the old car and is continuing to use it etc etc... in her name.
Messy.
My questions are:
How to approach this?
How to rectify it?
Police involvement?
In my experience the DVLA have been incredibly awkward to deal with, but your mileage may vary. Also, since when can debt collectors fine people? And yes, I have told him it was a dub idea to just lob the car away without the correct forms etc.
I suspect the bailiff's "fine" are in fact charges (bailiffs may now be certified enforcement agents, but I will use the common term)
The solution needs to be to get to the route cause of the problem, and get judgements against your friend's partner about the use of the car set aside, and re-tried.
This will be complicated, time consuming and fiddly to do even with a good paper trail (receipt of sale, v5 slip, mail redirection, original letters from court etc)
Without this, I would brace for months of agro.
The other solution is to pay up, accept there's no chance of recovery from the scrap merchant, and accept this as a price for an easier life and "the hard way" tax.
It is interesting bailiffs found them but original court papers didn't. Still, this is why people still use bailiffs to recover debt.
Ian
Ian
The solution needs to be to get to the route cause of the problem, and get judgements against your friend's partner about the use of the car set aside, and re-tried.
This will be complicated, time consuming and fiddly to do even with a good paper trail (receipt of sale, v5 slip, mail redirection, original letters from court etc)
Without this, I would brace for months of agro.
The other solution is to pay up, accept there's no chance of recovery from the scrap merchant, and accept this as a price for an easier life and "the hard way" tax.
It is interesting bailiffs found them but original court papers didn't. Still, this is why people still use bailiffs to recover debt.
Ian
Ian
Something doesn't add up, either she is not telling him the full story or he isn't telling you the full story.
For starters debt collectors don't issue fines, they buy or are sold fines to collect when the usual lines of collection lead to nothing. The collection agencies then add their own fees etc on top which quickly escalate the original fine.
It sounds like the person it was sold to if they are using it have likely not taxed it or have not SORN'd it hence the fine, the fact it was never signed over to them officially means any correspondance would come to her. They would have had numerous letters etc before it anywhere near a collection agency
For starters debt collectors don't issue fines, they buy or are sold fines to collect when the usual lines of collection lead to nothing. The collection agencies then add their own fees etc on top which quickly escalate the original fine.
It sounds like the person it was sold to if they are using it have likely not taxed it or have not SORN'd it hence the fine, the fact it was never signed over to them officially means any correspondance would come to her. They would have had numerous letters etc before it anywhere near a collection agency
Ian Geary said:
The other solution is to pay up, accept there's no chance of recovery from the scrap merchant, and accept this as a price for an easier life and "the hard way" tax.
Yup, I reckon you're right. I've told him the same... there was no receipt etc and the scrap fella is a bit of a dodgy fella I woulf't trust as far as I could throw him, which would be fairly far.Ta for help.
Nickyboy said:
Something doesn't add up, either she is not telling him the full story or he isn't telling you the full story.
For starters debt collectors don't issue fines, they buy or are sold fines to collect when the usual lines of collection lead to nothing. The collection agencies then add their own fees etc on top which quickly escalate the original fine.
It sounds like the person it was sold to if they are using it have likely not taxed it or have not SORN'd it hence the fine, the fact it was never signed over to them officially means any correspondance would come to her. They would have had numerous letters etc before it anywhere near a collection agency
I imagine all the letters went unanswered as they'd moved house. Hence the escalation. For starters debt collectors don't issue fines, they buy or are sold fines to collect when the usual lines of collection lead to nothing. The collection agencies then add their own fees etc on top which quickly escalate the original fine.
It sounds like the person it was sold to if they are using it have likely not taxed it or have not SORN'd it hence the fine, the fact it was never signed over to them officially means any correspondance would come to her. They would have had numerous letters etc before it anywhere near a collection agency
I'm not sure she really knows what she did, she was pretty unwell at the time.
Why do people not get their mail forwarded when they move house? It's not expensive, in the scheme of things:
https://www.royalmail.com/personal/receiving-mail/...
https://www.royalmail.com/personal/receiving-mail/...
TheTwitcher said:
Why do people not get their mail forwarded when they move house? It's not expensive, in the scheme of things:
https://www.royalmail.com/personal/receiving-mail/...
Having used it on a couple of occasions I wouldn't say it was anywhere near a foolproof system.https://www.royalmail.com/personal/receiving-mail/...
How to resolve this?
Seems pretty simple.
Get the full and honest story.
Find the evidence that supports and proves the full and honest story.
Talk to the Collection Agency and the DVLA and based on the story and the evidence they will deal with the situation.
The fact is, it was a mistake to sell the car without the v5 paperwork being in order; with luck and evidence the DVLA will let your friends off. Worse case, they're paying for a harsh life lesson.
Seems pretty simple.
Get the full and honest story.
Find the evidence that supports and proves the full and honest story.
Talk to the Collection Agency and the DVLA and based on the story and the evidence they will deal with the situation.
The fact is, it was a mistake to sell the car without the v5 paperwork being in order; with luck and evidence the DVLA will let your friends off. Worse case, they're paying for a harsh life lesson.
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