Jump to content


  • Tweets

  • Posts

    • The move marks the first time the country's central bank has raised interest rates for 17 years.View the full article
    • The move marks the first time the country's central bank has raised interest rates for 17 years.View the full article
    • The firm has benefited from the AI boom, making it the third-most valuable company in the US.View the full article
    • Former billionaire Hui Ka Yan has been fined and banned from the financial market for life.View the full article
    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
        • Thanks
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

DVLA harrassment


bitstressed
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6000 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi everyone,

 

I was hoping you could help me.

 

I part-exed a vehicle on June 20th with a dealer which was taxed at the time and I am now getting letters from DVLA/continuous registration demanding money from me for non-payment of tax.

 

At the dealers we filled in the part of the log book you need to fill in when transferring to a dealer, filled in my new log book and sent the details off to DVLA and I got my new log book back and nothing else. I did not know that you got anything from them when you'd part-exed so thought no more about it until a couple of weeks ago when I get the first letter from them. I rang DVLA and they said it was nothing to do with them and should write to the continuous registration people, which I did, enclosing a copy of the receipt from the dealers saying when I'd got rid of my old vehicle and I thought this would be OK.

 

Apparently not. On saturday I got another letter saying thanks for my letter but I still owe them unless I show them a letter from DVLA saying I didn't own that vehicle any more which I didn't get! By this time I was pretty much hysterical and am really stressed out and upset by the whole matter, so my husband rang the number on the letter and spoke to someone at DVLA who said that it was a grey area and they didn't know what to do. Which was helpful... We asked for their complaints procedure and we will be writing to them soon...

 

I went to the dealers that I did the part-ex with and they said it was ridiculous that I was getting this hassle because we did all the correct paperwork and that DVLA know that they have the vehicle because they have to send a list to them every month and it is on that list! They are going to write to them to tell them they have it and be very clear about the dates.

 

What can I do about this before I have a nervous breakdown? There is no way they are getting money out of me because I sold the damn thing in June and it's nowt to do with me anymore. I feel completely out of my depth with it all and can't deal with this sort of harrassment. I've never left anything un-taxed or SORNed before and feel like they're just persecuting a completely honest, innocent person :(

 

Please help

 

Many thanks

 

bitstressed

Link to post
Share on other sites

Hi Bitstressed,

 

Sorry to hear you are having problems with the DVLA, mind you who doesn't at the moment.

 

The first thing to do is not get stressed - you are completely in the right and the DVLA are in the wrong and you have evidence to prove it, plus a witness/witnesses from the car dealership.

 

The DVLA tend to run roughshod over everyone - as they are an agency with no regards for an individuals circumstances, to them you are just a number and they are following their procedures. Saying that, not all DVLA employees are mindless automatons, some of them are indeed compassionate to peoples circumstances, even though they still have to follow their procedures.

 

Anyway, you are already going down the right route, by getting in touch with the dealership - as they do have to supply a list to the DVLA as part of the DVLA's dual registration policy (as part of continuous registration legislation).

You have however fallen into their grey area, as they have received the dealers list/details, but not your V5.

 

What you should do next is follow the points that I put in my post http://www.consumeractiongroup.co.uk/forum/dvla/115777-sorn-lost-post-what.html, but if the dealership sent off the V5, get them to apply to the post office for a lost in post request - as they posted your V5 (I assume from your previous forum post) instead of you.

 

Hopefully that should sort it all out, but if they insist on further action - post it up on here and people from the forum will try to help.

 

If you would like to see what happens to the DVLA when they take on innocent people, check out DVLA big boys vs little old me.

 

Kind Regards

 

Dani

Link to post
Share on other sites

Thanks for your reply!

 

We spoke to them last night and it is now on record that I am no longer the registered keeper but my god they are horrible people to deal with. They still say that I owe them this money, but there is no way on earth they are getting it. We know that DVLA got the slip from my old vehicle's logbook from the dealers saying that I had transferred it to them because it was in the same envelope as the registration document for the new vehicle I had part-exed it for and I got my new registration document! It is their mistake, not mine. I proved to them that I sold it on a particular date with a receipt when they asked for proof. Nowhere in their first letter do they ask for a letter from DVLA as proof, just proof, which I sent. They're trying it on now and they know it. It's just trying to extort money out of innocent people and it's got me really angry.

 

I'll keep the forum posted as to what happens next because I'm writing back to them again and am putting in a complaint to DVLA too.

 

Cheers

 

bitstressed

Link to post
Share on other sites

Write to your MP as well. If everyone who ever has had this happened did this, it would soon become apparent that the DVLA cannot cope, and that something would have to be done.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

------------

 

 

Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

------------

Link to post
Share on other sites

Write to your MP as well. If everyone who ever has had this happened did this, it would soon become apparent that the DVLA cannot cope, and that something would have to be done.

 

 

That's a great idea. I will get on to that today and enclose copies of all the correspondance and the complaints letter I have just sent to DVLA. It's utterly disgusting that they hound people like this in the hope that we will give in and pay their unfair bills :-x

 

Cheers

 

bitstressed

Link to post
Share on other sites

It's utterly disgusting that they hound people like this in the hope that we will give in and pay their unfair bills :-x

 

Well I think they rely on the fact that most people will just pay, without questioning it, a bit like the banks penalty charges - they don't expect people to fight back.

 

Keeping fingers crossed for you :)

 

Dani

Link to post
Share on other sites

Hi people, have just come across this site and think I need your help.

me and my wife bought a car in april and asked if it was HPI`d, dealer said yes. No problems with car, until we failed to get a tax reminder and wrote to the DVLA. we then taxed the car no probs, but we have now recieved a letter saying that our car a 2000 reg punto has been declared by a scrap dealer as destroyed. and that we cannot sell the car to anyone as it officially doesnt exist? We have all the paper work and the numbers all fit, so all I can think of is that the car was cloned and then smashed.

Is there anything I can do, I have had to supply the DVLA with £5 to see who issued the scrapping notice.

Help !!!! please!!

Link to post
Share on other sites

Hi Archer2,

 

Thats an odd one, one of many different things could have happened:

 

1) A cloned car got scrapped.

2) The real car got scrapped. And you have a clone.

3) Database error at the DVLA (these are common)

 

When you asked about the HPI check, did the dealer give you the HPI check paperwork?

 

The local police can help you check that your car is in fact the real car and not a cloned one - give them a buzz and explain the situation. They will be more than happy to help, however if it turns out your car is the cloned one - you may end up having it seized :(

 

Kind Regards

 

Dani

Link to post
Share on other sites

I got an e-mail back from the continuous registration people today saying that they have investigated fully and that I am still liable for their bill because I did not chase them for a letter saying I had sold it to a dealer. Where do I stand now? I'm completely at the end of my tether now and very upset by the whole matter. They've very kindly extended the time I have to pay...again... What can I do now?

Link to post
Share on other sites

I got an e-mail back from the continuous registration people today saying that they have investigated fully and that I am still liable for their bill because I did not chase them for a letter saying I had sold it to a dealer. Where do I stand now? I'm completely at the end of my tether now and very upset by the whole matter. They've very kindly extended the time I have to pay...again... What can I do now?

 

Hi Bitstressed,

 

Firstly, don't worry - it may seem intimidating that they are a Government Agency - but they are not able to do anything to you, thats why they have 'kindly' extended the deadline to pay. There is nothing kind about it, you see, if you pay it - you have accepted liability, which is what they want for their figures. So they can say at the end of their financial year n penalties issued and n paid.

 

Did you use my template letter btw, if you didn't, now is the time to draft a response, utilising it.

 

If you have and that is their response, then quite simply, put down in a letter that you refuse to pay an illegal fine under the liberties granted to you, as a British Citizen, under the bill of rights and you would advise them to take you to county court, for the sum - if they believe they are totally within their rights. The fee, to pay the DVLA, on top of their illegal fine if you lose in court is minimal, but they are now not registering cases at county court as they have lost quite a number of times.

 

I'm sending you a PM, just to reassure you.

 

Dani

Link to post
Share on other sites

If you have and that is their response, then quite simply, put down in a letter that you refuse to pay an illegal fine under the liberties granted to you, as a British Citizen, under the bill of rights and you would advise them to take you to county court, for the sum - if they believe they are totally within their rights. The fee, to pay the DVLA, on top of their illegal fine if you lose in court is minimal, but they are now not registering cases at county court as they have lost quite a number of times.

 

British Subject - we live in a constitutional monarchy, not a republic.

Link to post
Share on other sites

British Subject - we live in a constitutional monarchy, not a republic.

 

Pat, read the British Nationality Act 1981 - the only people currently known as British subjects are people who acquired British nationality through a connection with British India, or who have declared themselves British subjects in the Republic of Ireland.

 

We are however, subjects of the crown, but not called british subjects - it's a nomenclature issue.

 

Most of us are, legally, known as British Citizens.

 

Dani :)

Link to post
Share on other sites

We know that DVLA got the slip from my old vehicle's logbook from the dealers saying that I had transferred it to them because it was in the same envelope as the registration document for the new vehicle I had part-exed it for and I got my new registration document!

 

bitstressed

 

I wouldn't be so sure. You should always send the yellow slip from your old vehicle's V5 in a separate envelope, and make sure you send it yourself- it is your responsibility. The yellow slip should be addressed to a different postcode (SA99 1BD) than the postcode you send the new vehicle V5 change of ownership to (SA99 1BA). Never ever put them in the same envelope. (I have been a car dealer for nearly thirty years and have had many a spat with DVLA) You could argue that if your yellow slip went to the wrong department it should be passed on to the relevant department, but we are talking about a massive organisation here. I should imagine it never got to the right department due to being addressed incorrectly.

Link to post
Share on other sites

Hi Bitstressed,

 

 

Anyway, you are already going down the right route, by getting in touch with the dealership - as they do have to supply a list to the DVLA as part of the DVLA's dual registration policy (as part of continuous registration legislation).

You have however fallen into their grey area, as they have received the dealers list/details, but not your V5.

 

 

 

Dani

 

Utter tosh! There is no such thing as this list. In fact there is no requirement for a motor dealer to even tell DVLA that he has acquired any vehicle that he has holds in stock for resale.

Link to post
Share on other sites

Utter tosh! There is no such thing as this list..

 

Before posting something like this - please check your facts.

 

Under the system of continuous registration, to retain their ability to operate - all dealers and scrap dealers are required to inform the DVLA of any change in ownership. This falls under the 2 pronged continuous registration policy of the DVLA (it is actually 3 pronged, but I don't want to confuse you):

 

1) Owner advises DVLA of change of ownersip

 

2) Buyer Advises the DVLA that they have received the vehicle.

 

In fact there is no requirement for a motor dealer to even tell DVLA that he has acquired any vehicle that he has holds in stock for resale

 

You are talking out of your hat here, ALL buyers of vehicles have to advise the DVLA, not just private buyers. Please stop trying to spread misinformation, until you get your facts straight.

 

If you DO actually own a dealership - you should be prepared to have the DVLA descend on you as you are breaking the law.

 

Kind Regards

 

Dani

Link to post
Share on other sites

Hi, Danny. I am afraid you are wrong. I am a second hand car dealer and have been dealing since 1979 having bought and sold approx 7500 motor cars lorries and vans. DVLA is welcome to come and inspect my premises, they know of me and I have trade plates from the local (Luton)VRO. I hold Account Buyer cards with British Car Auctions and Manheim Auctions. And, don't worry, you won't confuse me.

There is NO requirement for a member of the Motor Trade to inform DVLA of any acquisition. Let me explain how the Motor Trade works:

Mr Smith buys a brand new car, he part exchanges his old one and fills out the yellow slip informing DVLA he has sold it to the Main Agent. That's where his responsibility ends for continuous registration. He gives the main body of the V5 to the agent. The Main Agent DOES NOT inform DVLA, there is no legal requirement. The Main Agent sends the vehicle to Auction complete with the V5 still in Mr Smith's name. The Main Agent DOES NOT inform DVLA they have disposed of the vehicle. The car gets sold through auction and I buy it complete with Mr Smith's V5. At no point will the auction inform DVLA of this transaction, they only would if it were a private individual who doesn't hold an account with them, in which case they would only hand over the New Keeper's suppliment and send the main part of the V5 to DVLA with the new private individuals details on. When I (hopefully) sell the car I give the new owner the new keeper's suppliment and send of the main V5 (still in Mr Smith's name) to DVLA with the new keeper details filled out. DVLA will not be aware that it was me that sent it, there is nowhere on the V5 for me to enter my name. DVLA will never be aware that the vehicle went through auction or that I ever owned it. By me sending the V5 that is the first time a new registration document will be produced throughout the whole transaction. If I sold the car to another Trader I would give him the whole V5. The only thing that tracks these transactions is the invoicing we do.

Remember some cars may pass through four or five Motor Traders a day, each one taking their profit. It is only when someone is chasing a parking ticket etc do DVLA learn of these transactions as they are chasing down the line.

If you don't believe any of this go to a local Main Agent or Auction House and ask them.

Yes, I do know what I am talking about and can assure you I am not breaking the law. If you have evidence of any legislation requiring a Motor Dealer to inform DVLA of buying a Motor Vehicle that he holds in stock for resale then please post the relevant Acts on here.

Link to post
Share on other sites

Hi, Danny I am quoting from DVLA's own website (today) about a scheme (TV3T) they first emailed me about last year that they are trying to impliment, to see if I would be willing to join, to which I replied I would and I am registered for, but it is not up and running yet.

 

"DVLA Today Issue 29 Page 09

Tracking Vehicles through the Trade (TV3T)- This would fill a gap in the vehicle registration system. Currently DVLA does not hold details of a vehicle's whereabouts as it passes from one motor dealer to another. "

 

Please go to their website and check this yourself.

 

Perhaps you should consider carefully and check facts before accusing somebody who runs a legitimate business of breaking the law.

Link to post
Share on other sites

Hi gwc,

 

Firstly I am quite happy to say that I am wrong, I have studied all the legislation and you appear to be, in theory correct.

 

So I apologise quite unashamedly to you.

 

However, Are you displaying trade plates on every single car? If you aren't - you could face prosecution.

 

If you buy and sell them in a normal way (without a trade licence), you Do have to fill out the V5.

 

Auctions are not an exception to the rule - they are merely an intermediary between the seller and the purchaser, so do not fall under the same laws.

 

Dani

Link to post
Share on other sites

Hi, Danny. Apology accepted.

You see, the point I am trying to make that refers to the OP's topic is that a private individual when selling a vehicle to the trade MUST for their own sake (to avoid being fined by DVLA) fill out the yellow slip (V5C/3) and send it to Swansea THEMSELVES. The dealer won't bother to do it for them and certainly isn't going to inform DVLA they have purchased the car, because they are not required to by law. Even if the dealer did inform DVLA with a letter it wouldn't make any difference because he wouldn't be registering the car to himself and the previous owner would still be liable.

 

I disagree with you about auctions, however. On the back of the V5C/3 it states:

 

For this purpose Motor Trade means:

A motor dealer

A motor vehicle auctioneer

A motor vehicle insurer with whom you have settled a claim

A finance company with a financial interest in the vehicle.

 

You'd be suprised how many cars I buy through auction that still have the yellow slip attatched to the V5. This can result in a fine for the registered keeper.

 

Trade plates are only displayed when an untaxed vehicle is used on a public road, driving to and from motor trade premises for the purpose of motor trade business only. You CANNOT park on a public road with them displayed. They only cover you for no tax. You must still have MoT and insurance. Whilst being used the vehicle is temporarily using the trade plate number as it's registration number. Really, by law you are meant to cover the front and rear number plates with the trade plates.

If a stock vehicle is taxed then there is no requirement for trade plates whilst on a public road.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...