Here's a good one!

[spudder]

Received a letter in the post today from a debt collection firm saying the DVLA had passed the cse to them as i hadn't taxed my vehicle.

Now i sold this vehicle last Sept and informed the DVLA. I then got a letter saying the tax had run out and i hadn't retaxed it. Due to me claiming back insurance payments i sent the DVLA £10 and they sent me a letter confirming i was no longer the registared owner/keeper of the vehicla and the date i sold it to a local garage. I forwarded this onto the DVLA in scotland to update their records and stop psetering me for new road tax.

Now today a debt firm is after me for unpaid tax! Should i let them take to court for a CCJ hearing and then show the judge the letter i have from the dvla confirming everything (plus claim my costs then for the distress of all this, etc) or contact them now? It is obvious they haven't updated or checked their records, the dvla in Wales confirms its not my car anymore but the dvla office in Scotland doesn't acknowledge this.......

Any ideas on how i should play this?

[Michael Browne]

Should i let them take to court for a CCJ hearing and then show the judge the letter i have from the dvla confirming everything

Tempting, I know, but is it worth the hassle? Just write to the DCA enclosing copies from the DVLA etc. If they then continue to court you will have futher documentary evidence and have a better case for wasted costs etc.

[spudder]

Well this is still ongoing! Phillips have been passed the case by the dvla office in scotland. I have provided Phillips with a copy of the letter from the dvla and they have sent it on to the dval to confirm its contents. Until they hear from the dvla they told me they will continue to hassle me for the debt.......they have left a few threatening messages on our phone and their system even rang our phone at 5.00am one day - needless to say i was not happy about this.

Fuuny thing is now i have spoken to the dvla to ask why there is a delay in them telling Philips i don't owe this debt, now the gentleman on the phone from dvla told me that he could see from their records i don't owe anything and even that the tax on the car was cashed in 2 days after i sold it, though he could'ny say who by (data protection) but it's obvious who took the car from me did that! With regard to the phone calls & messages he told me to report them to Trading Standards and the police!! They would even provide me with a letter stating the tax was cashed in 2 days after i sold it!! All i want though is for the dvla to tell phillips what their records say, any suggestions as i'm getting nowhere with either of them really.......

[Cat24]

hi, im new to this site and found it by trying to find out how people get treated by the DVLA. I recently receievd a letter last month fining me £40 for not declaring sorn or re-taxing my old car, one which i sold last July 2007 and sold all the relevant documentation off!!! i was obviously absolutely livid that after contacting the DVLA many times last year about the matter, i was now being issued with a fine!! I have disputed this, showing them copies of the documents i actually have i.e the sale document and the registration etc. all i got back on both occasions was a letter stuffed with regurgitated law and regulations. utterly disgusted, i decided to take the matter to the secretary of state for transport. i am currently waiting to hear back about this, (my fine goes up to £80 on 30th May 200, but i strongly feel that there should be an independant body that deals with these complaints fairly and adequately. it is all well and good them telling us their laws and regulations but at the end of the day this has been a catastrophic failure on their part that i believe they should take liability for. instead it turns out they are punishing honest motorists to get a quick buck - yet again. i know of several people this has happened to (they also ignored this in my letter). I feel that as the secretary of state governs the DVLA overall, that i will not get back what i deserve and that the fine will still be levied unjustly against me. i would be so grateful to hear from any other people who has had this same disgusting treatment from the DVLA.

[Cat24]

could see from their records i don't owe anything and even that the tax on the car was cashed in 2 days after i sold it,

This just goes to show how sneaky they really are. i cashed in the tax on my old vehicle when i sold it because the independant car dealer i sold it to said he didnt need the tax. they sent me the tax refund back last August 2007 shortly after the sale had gone through etc, yet suddenly next thing i know im getting a letter in april saying i havent paid tax/Sorn and therefore should pay a fine! it seems that 'lose' records that support your argument. i pestered them for my new reg document for my new car and they never sent it, they now sent me a letter saying they sent it last July 2007 and a duplicate would cost £25 - so there is a shining example of how they balls things up, don't offer you a half decent customer service and then tell you that you will have to pay another £25 for something they should have sent in the first place. i have honestly lost all faith in the DVLA. I hope you take them to Court and show them up to be the lying, dishonest money grabbers they really are.

[Conniff]

The new continuous registrations system has been set up with 'no' right of appeal. This is obviously a deliberate move and as you say, the whole department is now a profit making concern.

[Cat24]

funny you say that because in one of the letters they sent back to me after i complained, they put 'please note the DVLA is not attempting to make profit from honest motorists'. i think it is wrong that we have no course of appeal against the DVLA as we do have one against the Police. If i didn't have to work full time i would make it my duty to uncover all the corrupt goings on within the DVLA.

[letshelp]

Although you have no right of appeal, I suppose you could let it go to County Court and make your case before a judge, but thats always a gamble.
best of luck

[gni03349]

One thing you could try is to threaten the DVLA with this. (In this case), The DVLA are responsible for the actions of anybody that they employ, either directly or indirectly. As they initially hired the DCA, then the DVLA are responsible for the DCA's actions.

You could make this quite clear to them in a letter, and state that if it reaches court, they would then be cited as a co-defendent. Having said that, 'cos it's a govt body basically, I'm not sure how the law applies to them.

You may as well fight back, even if the DVLA already know you don't owe diddly squat. Get the DVLA to call off the hounds!!

Good luck.

[spudder]

Thanks for the comments! Still getting letters and text messages to the main phone saying it is still outstanding and it is being passed over, i'm now of the opinion that they are trying to get me to pay it and close the case even though they know it is not owing - hoping for an easy £80?! Otherwise i'm sure they would have gone further by now. Don't see why i should pay DVLA more money to get a letter off them saying this isn't owed when all the DVLA have to do is tell the DCA what they put in writing to me.......as you said if they want to take me to court i will ask the DVLA to attend for my side!!

[JonCris]

The DVLA have no Crown immunity

[gni03349]

Spudder, the DVLA would be a co-defendent (as confirmed by JonCris... thanks for that JC), as the DCA are acting on their behalf. If the DVLA called them off, but they still persisted, then you could call the DVLA in (but they wouldn't turn up... just send you the letters as evidence).

Tell the DVLA to get them off your back... in writing!!