Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hi ,
I sold a car on ebay with around four months tax , the guy i sold it to paid and left ...about 6 months or so after i recieved a letter saying i had failed to tax it ...i phoned saying it had been sold etc etc but was told to wriute ....i then got a letter earlier this week saying thank you for my letter and as i hadnt paid my case had been refered to a debt collection agency ........my question is i am obviously not prepared to pay a debt which is not mine so how do i get this sorted out in the best way possible ...the company that have been passed the case are Phillips collection services, thanks for any help ...lesley
As chesterexpress says, you should of notified DVLA when you sold the car. Things do go astray in the post that is why I send anything important by registered post. (although that has its problems aswell)
I did nt send my part the guy said he had bought for someone else and couldnt sign...like a numpty i said ok ...I did however contact dvla giving the details of the person that i could as soon as i got a letter .......is there anything i can do ???
Looks like you will have to pay up in that case, as you are responsible for notifying change of keeper at time of sale/disposal. Think yourself lucky that the new owner/keeper hasn't racked up numerous parking/speeding offences etc. otherwise you would have all those to deal with also.
My Dad sold a vehicle many years ago. He did not notify DVLA as the man who bought said he was motor trade and was going to sell it straight on, he would then fill in the form and send to DVLA. My Dad nievely accepted this.
Several months later my Dad answewred the door to the Police who had come to arrest him for armed robbery. They had traced the 'getaway vehicle' and it was still registered to my Dad.
He was released without charge but had to pay a couple of hundred pounds for parking tickets. There were speeding fines aswel but he did not have to pay them.
MORAL: ALWAYS inform DVLA of change of ownership yourself.
same here was told was for the motor trade etc.....was going to ring up dvla to check if it was still registered to me ....i have tried contating the guy through ebay to no avail ......if car is registered to me what is the best method of sorting it out???
Write to the DVLA advising that the vehicle was sold on whatever date, and giving any details you have as to who the new owner was. They may insist you return the counterfoil where these details are required of the original keeper to inform the DVLA of the change, but if you don;t have it, there's not a lot you can do.
Hi, lesley. If you ever sell your vehicle to someone who claims he is a Motor dealer it is ok to give him the V5 BUT tear off the yellow slip (V5C/3) put his name and address on that and send it to DVLA. It won't produce a V5 in his name, but you will cease to be responsible for the vehicle. If he says he can't sign it as in your case, leave that bit blank, and still send it to DVLA.
Write to DVLA and inform them you have sold the car on whatever date and give them his name and address and ask to have the records updated. It won't let you off the hook for this fine, but if the car is still registered to you it is possible that any parking tickets the car gets will come your way.
Hi All I have a similar problem, in May I traded in my old car and brought my MGF, The garage said they would send the paperwork off and did so.
The first letter came from DVLA about September time but I no longer have it as you have to fill in the back of it to say why you have not taxed or sorn the car. They replied on 7/10 with a standard letter saying they can find no reason to change the decision.
I then spoke to the garage who said they do this all the time and the garage wrote to DVLA stating I purchased and traded in my old car on 13/05/08 and they sent the yellow copy to DVLA with there other log books in there weekly post.
On the 16/10/08 they replied saying the same, then on the 17/10/08 I received another letter saying thank you for telling us you are no longer the keeper and to ignore any application forms for renewing your licence
So I figured that meant for the previous one as well. Then on the 19/11/08 a final notification came in the post so I have ignored it.
On Saturday a letter from Phillips Collection Services turned up
So I cant quite work out which way to deal with this DVLA are saying I should have rung them but the instructions to do that are on the part you send off and I have also read it off another log book and it says to contact them if you have not received notifation after 4 weeks (how long is after??)
Any help would be great
Hi MGF. The "instructions" to ring DVLA are not legally binding and, in fact, aren't instructions - just a request. read them again.....
If you have not received confirmation after four weeks please contact DVLA [on this premium rate phoneline]
On the SORN notices they've tried a little harder with "you must contact" but even that is not actually true.
All the law says you have to do, in both cases, is notify them. The Interpretation Act 1978 state categorically that if you post something (no need for recorded delivery) it counts as them receiving it unless they can prove otherwise. Despite what they try to tell you, you have no legal duty whatsoever to chase them if they screw it up.
In fact, legally, they don't even have to send an acknowledgement so there isn't anything in law for you to chase
Did you send off your part of the v5 to DVLA notifying them of the sale when you sold the vehicle?
Actually, you send off the entire V5 - less the green section which is given to the new keeper If you are selling to a trader, then you retain the yellow section and send that off.
There is no requirement whatsoever, in law, to follow up notification.
Entire...? You surely mean you send only the FIRST page, as the second is irrelevant to relicensing, and is only 'slips' to be given to the new Keeper for thier purposes scrapping/export etc.
If you sell the vehicle privately, you and the buyer complete sections 6, 8 & 10 and give section 10 to the buyer, you only need to send the first page (sections 1 - 10) to DVLA.
If you sell to the motor trade, you and the trader complete section 9, you send that to DVLA and give the rest (both pages) to the trader.
Re: Fine Late Licensing Penalty registration V****A
I write as the previous owner of the aforementioned vehicle which you have sent me a letter telling me to pay am £80 fine for failure to Licence and you have responded to my original letters saying I am still liable for the penalty
In seeking further advice Section 7 of the Interpretation Act 1978 legislates I have fulfilled my legal obligation by my car dealer sending the DVLA the notification of sale by ordinary course of post. It has not been repealed by any DVLA legislation and you have not shown proof to the contrary the letter was incorrectly addressed or insufficient postage paid. This means there is no entitlement for the DVLA to demand money for its failure to receive a document that delivered by ordinary course of post.
I have also provided proof of the cars sale in the form of the Car Dealers invoice and the Dealer has also confirmed in writing to yourselves that they posted the V5C/3 to you. And that the car is still sitting on there forecourt.
I now respectfully ask that you stop sending demands for money in this way. If you have an appeals procedure then please initiate it now. If I receive a further demand of money in this matter from you or Phillips Collection Services Ltd via phone or post whether intended or as an automation letter I will automatically ask that you pay me compensation of £4999 for attempting to rebuke an Act of Parliament namely Section 7 of the Interpretation Act 1978 with having lawful provision to do so.
This document is delivered by email with read reciept. It is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.
I now respectfully ask that you stop sending demands for money in this way. If you have an appeals procedure then please initiate it now. If I receive a further demand of money in this matter from you or Phillips Collection Services Ltd via phone or post whether intended or as an automation letter I will automatically ask that you pay me compensation of £4999 for attempting to rebuke an Act of Parliament namely Section 7 of the Interpretation Act 1978 with having lawful provision to do so.
Don't think you'll have any more success demanding a payment as a "fine" for them not doing something any more than we reckon a PPC can fine you, but it might at least make them read it carefully!
passed on to debt collection..
with around four months tax , the guy i sold it to paid and left ...about 6 months or so after i recieved a letter saying i had failed to tax it ...i phoned saying it had been sold etc etc but was told to wriute ....i then got a letter earlier this week saying thank you for my letter and as i hadnt paid my case had been refered to a debt collection
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Originally Posted by Chesterexpress
