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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Urgent help required! Buying a car without V5 document - need some advice!


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Hi everyone,

 

I am due to buy a car without a V5 document as the owner of the car was not sent a new V5 when he originally purchased the car but failed to chase this matter with the DVLA.

 

He has the new keeper supplement for the car, 2 keys, mot (at least 2) service history and receipt of his purchase from a dealer. I have also perfomed a HPi check on the car and everything came out clear. The car is not stolen, the mileage is legit, it has not been recorded as a total loss by insurance and is not on the at risk list etc etc.

 

Obviously the DVLA do not recommend you buy a car without a V5 but then they do have an option for that on the V62 form so it must happen.

 

I am basically just worried that if I fill in a V62 and the DVLA contact the person that is currently the registered keeper (but not the owner) and they for some reason object I will have lost money. I will have a receipt for my purchase, I am paying by bankers draft, I will have the car with 2 keys and all the documents mentioned above - will this be enough to argue my case if it comes to it?

 

Can somebody help and offer me some advice ASAP please!!? Thanks.

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Yes, found an advert and replied. Took the car for a test drive and we have been in contact via phone. I have his full name and address, I will also have his account details for the bankers draft - why?

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If you dont know this bloke then you are taking a risk all be it you have done everything you can to find out about the car.

 

If your parting with serious money then tell him to get the V5 which takes a couple of weeks and then you will do the deal.

 

I wouldnt touch it without one

 

neither would a dealer and that should tell you something

 

your call though

7 actions in progress

 

amount refunded so far £6500

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I hear what you are saying. However, due to the fact the previous owner failed to send off the V5 when he purchased the car, this guy will have to fill in a V62 as a new owner. The DVLA says it takes 4 weeks to then send out a V5 with him as the registered owner.

 

I managed to knock money off the price but he is saying to me that if he does that he would want more money than we agreed.

 

I am stuck really because I fell in love with the car but on the other hand you are right it does seem to be a bit of a risk.

 

It is just frustrating that I have done all these checks, will be in possesion of a car with 2 keys, mots and service history, new keeper slip from previous purchase, receipt from previous purchase, my own receipt. I have also requested he provide 3 proofs of ID and I still can't gurantee I will be considered as the owner of the car.

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I wouldnt touch it without one

 

neither would a dealer and that should tell you something

 

your call though

 

I would just make the point that every time I change my car, it goes to the new owner or dealer without a V5. The V5 is sent on a few weeks later.

 

The reason for this, is the time required to obtain the new V5 following registration plate transfer/retention.

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So does having possesion of the actual car, two keys, having a clear Hpi check, receipts of both purchases, new keeper supplement from previous sale, mot and service history for the car mean nothing?

 

So it is possible in this day and age for you to have all that information but yet it is not proof the car is yours?

 

How would someone that was not the actual owner have all of that information - inparticular the service history??

 

What is the point of doing a Hpi check if it is meaningless? Because obviously the reason this purchase would be risky is to do with the fact that the car could be stolen? But then shouldn't it appear so on the Hpi??

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My professional advice to you is (i am Vehicle Finance Fraud Investigator) is :-

 

Call DVLA, find the the DOC REF on the keeper supplement give dvla that ref number to confirm the details, Go onto 192.com and make enquries of the previous keeper incase there is a telephone number you can call, same applies to the person selling the vehicle always ask for proof of address, from the person your buying from if he is legit then he would be happy for you to see a driving licence or passport,he should not object to taking details from the those documents after all he is asking that you trust him with couple of grand. I know people have gone as far a taking mobile phone picture of the seller.! He may be totally legit, but the fact that he hasn't waited or applied for a V5 raises some questions, firstly "whats the rush?". go onto VOSA.gov.uk and check the MOT you will need DOC Ref from keeper supplement and MOT Certificate number. Confirming the Mileage on the HPI is an easy CHEAT, if the vehicle has never had its milage confirmed before on HPI, all you do is back the clock up to the mileage of your choice then phone hpi, given the false reading, bang! the new mileage is recorded, so therefore it means nothing, unless the mileage has been recorded on HPI from yonks ago, i.e Audit trail of mileage recording. I dont know if your in london, but if i am too late then...... but if you need more advice and checks you can do PM me and i will give detailed information about the simple telephone numbers you can call to confirm the vehicles details. good luck

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** Credentials **

 

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So does having possesion of the actual car, two keys, having a clear Hpi check, receipts of both purchases, new keeper supplement from previous sale, mot and service history for the car mean nothing?

 

So it is possible in this day and age for you to have all that information but yet it is not proof the car is yours?

 

How would someone that was not the actual owner have all of that information - inparticular the service history??

 

What is the point of doing a Hpi check if it is meaningless? Because obviously the reason this purchase would be risky is to do with the fact that the car could be stolen? But then shouldn't it appear so on the Hpi??

 

 

It SHOULD do, yes. But let's say the guy who is selling it to you (call him no. 3) has acquired it in good faith from somebody (2) who has rented/leased it from somebody else (1), then stopped paying & not returned the vehicle. There is a delay in (1) reporting it to the police while he tries to sort things out with (2), who has already sold it on to (3). Meanwhile you come along & fall in love with the car & buy it from (3) with no V5.

 

You get stopped one night by a police ANPR check, showing the vehicle is stolen. (1 has now reported it as such). You WILL be arrested on suspicion of taking a vehicle without the owners consent. HPI won't be interested because at the time of the check, it wasn't reported stolen - they have kept thier side of the deal.

 

Although it is not proof of ownership, a V5 will certainly help show that you acquired the vehicle in good faith & are not trying to hide anything. The above scenario might sound far fetched, but it isn't, trust me - unfortunately I can't go into further details on a public forum.

 

I really really would not purchase without a V5. If the guy is legit, he won't mind sorting it out. If not, there is ALWAYS another bargain to be had.

April 2007: Claim v Abbey settled £680!

July 2007: Claim 2 for £307 WON! after quiet word from the bailiff!!

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I see what you mean. But number (1) would have the V5 if he rented or leased the car not the person he leased it to, number (2). So number (2) would not be able to provide number (3) with a new keeper supplement??

 

Or would he, I don't know??

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The difference in your case Pat is that you are able to produce a V5 prior to any sale taking place.

 

Not always.

 

I have previously decided that I will change the car and applied for retention before even looking at other vehicles - so at the point of contract, I have no V5 of any sort.

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Hi everyone,

 

I am due to buy a car without a V5 document as the owner of the car was not sent a new V5 when he originally purchased the car but failed to chase this matter with the DVLA.

 

Ask yourself (or even better, ask him) WHY??

Obviously the DVLA do not recommend you buy a car without a V5 but then they do have an option for that on the V62 form so it must happen.

 

Yep, it can & does happen (as in the real life example I gave) but the potential for something to go wrong (as you mention below) is horrendous.

 

I am basically just worried that if I fill in a V62 and the DVLA contact the person that is currently the registered keeper (but not the owner) and they for some reason object I will have lost money. I will have a receipt for my purchase, I am paying by bankers draft, I will have the car with 2 keys and all the documents mentioned above - will this be enough to argue my case if it comes to it?

 

You will be able to argue, but at best it will mean a long frustrating debate between insurance companies, at worst you might be doing so having already been arrested.

 

Can somebody help and offer me some advice ASAP please!!? Thanks.

 

The above poster sounds more qualified than me, but my simple advice is tell this guy to ring you when he has the V5, or walk away from the deal & save yourself a lot of potential grief down the line.

 

Hope this is of some help.

April 2007: Claim v Abbey settled £680!

July 2007: Claim 2 for £307 WON! after quiet word from the bailiff!!

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At this stage I would just like to thank you all for your comments, please keep them coming - you can NEVER receive enough advice! I am still no closer to a decision either way but your advice is obviously helping me think about worse case scenario etc and making me question whether or not it is worth it.

 

Fightback - I understand you seem to have had a bad experience and I really appreciate your advice on this. It definitely helps. I think to put my mind at rest both ways I will do what Oh Boy suggests (I have nothing to lose by doing that) and see if that settles my doubts. If not I agree that I should just walk away.

 

Pat Davies it would be interesting to hear your experiences as well on the flip side. As we have Fightback with the bad experience and trouble and you with good experiences. Would be good to get an understanding of both sides.

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At this stage I would just like to thank you all for your comments, please keep them coming - you can NEVER receive enough advice! I am still no closer to a decision either way but your advice is obviously helping me think about worse case scenario etc and making me question whether or not it is worth it.

 

Fightback - I understand you seem to have had a bad experience and I really appreciate your advice on this. It definitely helps. I think to put my mind at rest both ways I will do what Oh Boy suggests (I have nothing to lose by doing that) and see if that settles my doubts. If not I agree that I should just walk away.

 

Pat Davies it would be interesting to hear your experiences as well on the flip side. As we have Fightback with the bad experience and trouble and you with good experiences. Would be good to get an understanding of both sides.

 

No problem mate, wasn't an experience for me, I was the poor sod investigating it, believe me I wouldn't wish it on anybody!

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April 2007: Claim v Abbey settled £680!

July 2007: Claim 2 for £307 WON! after quiet word from the bailiff!!

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Ha ha. O right - sounds like you had a rough time with it and must have been even worse for the person. You said investigating it - what type of investigator are you? Vehicle Finance Fraud Investigator? Police? Insurance?

 

Sorry to be nosey but I am just curious at which side you were approaching this?

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Derekcat928 funny you should say that I have just come off the phone with them and they are excellent!! I strongly recommend them to anyone with DVLA queries or problems. I was contacted within an hour of my reply by email and phone.

 

I missed the call, called back left a message and within five minutes they were on the phone!!

 

Top notch!!!!

 

They advised me of my legal right in this situation. Don't forget if you have a problem visit cherishedregistrations.net cherished number chat discussion forum

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I lost my V5 document and had to tax my car - I ended up popping into the DVLA office in Reading where they printed me a copy of my V5 document there and then for a few quid.

 

This was about a year or so ago so I don't know if it's changed but it was after the tightening of the V5 requirements stuff...

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  • 1 year later...

I am in the reversed situation. My brother emigrated this week - someone wants to buy his old car, but the V5 is at my parents' house.

 

Can I sell the car tonight with tax and MoT, and we just give each other handwritten receipts while the V5 is posted through?

 

If we do this, am I covered if they get any speeding offences etc in the next 3 days or so?

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I am in the reversed situation. My brother emigrated this week - someone wants to buy his old car, but the V5 is at my parents' house.

 

Can I sell the car tonight with tax and MoT, and we just give each other handwritten receipts while the V5 is posted through? Yes and no.

 

If we do this, am I covered if they get any speeding offences etc in the next 3 days or so?Yes

 

The V5 cannot just be posted on. The seller and the buyer must both complete and sign the new keeper details. The seller sends the V5 to DVLA; the buyer gets section 10 - New Keeper Supplement (green section).

 

If there are any speeding, etc. offences or parking contraventions, you will receive the paperwork (NIP, NtO, etc.) and will have to fill it in stating that the vehicle was sold and to whom. The receipts are your proof.

 

I am assuming that your brother has put the V5 into your name? If not, I am unsure as to how you can sign anything as you are neither the registered keeper or the owner.

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Not always.

 

I have previously decided that I will change the car and applied for retention before even looking at other vehicles - so at the point of contract, I have no V5 of any sort.

 

When I had a need to do that once before, I photocopied the V5 first so that I could show that to the buyer. I know it isn't absolute proof, but felt it was more reassuring than having nothing at all. :)

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