Car sold, fined for non payment

rob0477 · 3rd November 2008, 18:48

Hello all,

Looks like a great forum to "fight the power". Keep up the good work.

My issue is as stated above. Car was sold 30/04/2008 with 1 day remaining on the road tax. Sent V5 off to DVLA and heard nothing for 8 weeks. Then got a letter requesting me to pay fine. Didn't keep the address of the buyer, but filled out a form saying the car was sold before the tax ran out - not my problem.

In August I got a letter from the DVLA showing I wasn't the owner of the car. This I thought was the end of it, but no. I have just had a letter this morning from a debt collection company requesting payment of fine (£80).

I've paid this as I don't want the hassle of CCJ's, but I'm going to be writing a complaint letter requesting money back. Is there anything I should add or do to ensure a favourable reply?

Cheers. Rob.

crem · 3rd November 2008, 23:02

Why have you paid it and then immediately want to ask for it back? I doubt it will be easy now.

If the letter that eventually came form the DVLA in August showed the agreed date of the sale back in April, then I think your best defense would have been to maintain you were not the owner at the time the tax ran out.

rob0477 · 4th November 2008, 00:10

Hi, thanks for the response. No the letter didn't have the April date on it and I paid the fine as it had gone to a debt collection agency - I can't risk getting a black mark against my credit file. I thought it better to try and claim it back if possible. I'll write the email and post the response.

Again. Ta.

buzby · 4th November 2008, 16:07

Sorry - but a debt collection agency can ONLY collect the debt, NOT put any 'black' mark on your credit file. Sadly, because you have maid it, the matter is concluded.

In order to protect yourself, you would have sent the SIGNED V5 counterfoil to the DVLA (which only shows the Keeper, not the owner - who may not be the same). The DVLA would then change the details on file to show your responsibility for this vehicle ended on the day before the tax ran out. As far as the rules currently stand, if you didn't do this, the fine was correct.

miziwizzi · 4th November 2008, 23:03

Quote:

Originally Posted by buzby

Sorry - but a debt collection agency can ONLY collect the debt, NOT put any 'black' mark on your credit file. Sadly, because you have maid it, the matter is concluded.

In order to protect yourself, you would have sent the SIGNED V5 counterfoil to the DVLA (which only shows the Keeper, not the owner - who may not be the same). The DVLA would then change the details on file to show your responsibility for this vehicle ended on the day before the tax ran out. As far as the rules currently stand, if you didn't do this, the fine was correct.

Are Lowells not a debt collection agency then?

There are several people on here who have had " black " marks on their credit files by Lowells.

buzby · 5th November 2008, 15:52

Lowells are a debt collection agency, but you are missing the point. A DCA is just that, it collects debts for their client. They have no power to add, alter or amend your credit file because they are not empowered to do so, only the original lender or service supplier - and even then, you would have to specifically permit the original firm to disclose details to a CRA. If not, your file cannot be amended.

Further to this, you cannot have ANY 'black mark' from the DVLA for non payment of Road Tax, as they didn't ask you if they could - by extension of this, any firm they employ to make you pay up cannot state that money is owed. The only exception to this is if you were taken to court and received a judgement (CCJ) against you. Only the entry from Registry Trust will appear, not if you made payment to the debt collector.

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