Help needed... fines, debt collection, DVLA.. mess!
Help needed... fines, debt collection, DVLA.. mess!
Author
Discussion

Sterillium

Original Poster:

22,371 posts

255 months

Sunday 2nd April 2017
quotequote all

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.

Countdown

49,519 posts

226 months

Sunday 2nd April 2017
quotequote all
Do you mean the fine from the DVLA?

Sterillium

Original Poster:

22,371 posts

255 months

Sunday 2nd April 2017
quotequote all

All of it.

I don't even really know what the fine is or why it's come via an agency.

And how to rectify the car's status.

MockingJay

1,314 posts

159 months

Sunday 2nd April 2017
quotequote all
Phone the DVLA?

JamesNotJim

755 posts

216 months

Sunday 2nd April 2017
quotequote all
her get out clause will be the receipt of sale to the scrappy....But I'll hazard a guess that one doesn't exist.

Sheepshanks

41,160 posts

149 months

Sunday 2nd April 2017
quotequote all
You should find new friends, Life's complicated enough without being involved with stupid people.

Sterillium

Original Poster:

22,371 posts

255 months

Sunday 2nd April 2017
quotequote all
Sheepshanks said:
You should find new friends, Life's complicated enough without being involved with stupid people.
Helpful. Brilliant. I'll do that then.

(Although, with this logic, and looking at your thread history, you really should get a new daughter...)

Sterillium

Original Poster:

22,371 posts

255 months

Sunday 2nd April 2017
quotequote all
JamesNotJim said:
her get out clause will be the receipt of sale to the scrappy....But I'll hazard a guess that one doesn't exist.
This might be possible... I'll see what he can find.

Ian Geary

5,622 posts

222 months

Sunday 2nd April 2017
quotequote all
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

Nickyboy

6,825 posts

264 months

Sunday 2nd April 2017
quotequote all
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

Sterillium

Original Poster:

22,371 posts

255 months

Sunday 2nd April 2017
quotequote all
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.

Sterillium

Original Poster:

22,371 posts

255 months

Sunday 2nd April 2017
quotequote all
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.

I'm not sure she really knows what she did, she was pretty unwell at the time.

TheTwitcher

161 posts

118 months

Wednesday 5th April 2017
quotequote all
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/...

voyds9

8,490 posts

313 months

Wednesday 5th April 2017
quotequote all
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.

esxste

4,292 posts

136 months

Thursday 6th April 2017
quotequote all
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.




LocoCoco

1,433 posts

206 months

Thursday 6th April 2017
quotequote all
Sterillium said:
Sheepshanks said:
You should find new friends, Life's complicated enough without being involved with stupid people.
Helpful. Brilliant. I'll do that then.

(Although, with this logic, and looking at your thread history, you really should get a new daughter...)

Prizam

2,447 posts

171 months

Friday 7th April 2017
quotequote all
LocoCoco said:
Sterillium said:
Sheepshanks said:
You should find new friends, Life's complicated enough without being involved with stupid people.
Helpful. Brilliant. I'll do that then.

(Although, with this logic, and looking at your thread history, you really should get a new daughter...)