Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



+ Reply to Thread
Results 1 to 14 of 14
  1. #1
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    bank_hating_plumber Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    May 2008
    I am in
    manchester
    Posts
    10

    Default fined £80 for failure to sorn

    hello newby here,

    i was wondering if anyone can help duing feb 07 i wrote my car off just before the tax was due to expire, it was taken to a secure compound where it remained until the insurance company settled with myself and the owner of the garage. at the time i had alot of paper work to complete but do recall sending the sorn off, but now am facing a collection company pursuing me for £80.

    can anyone help??

    thanks

    Similar Threads:

  2. #2
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    rippedoffagain Novitiate rippedoffagain's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2006
    I am in
    West Yorkshire
    Posts
    861

    Default Re: fined £80 for failure to sorn

    What is the name of the collection company, plumber.

    Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.

    A to Z index
    http://www.consumeractiongroup.co.uk...hat-youre.html

    ......................... ......................... .........................

  3. #3
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    gwc1000 Informative gwc1000 Informative gwc1000 Informative

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    Posts
    988

    Default Re: fined £80 for failure to sorn

    Hi. You say that you recall declaring a SORN. Did you receive a letter of confirmation from DVLA? They normally come two to four weeks after declaring.


  4. #4
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    bank_hating_plumber Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    May 2008
    I am in
    manchester
    Posts
    10

    Default Re: fined £80 for failure to sorn

    hello again and thank you for the replies....

    in answer to your question ripped off again - it is a company called phillips collection services based in doncaster, i have contacted them but not the most helpfull as you can imagine.

    in answer yo your question gwc1000 i have checked all the associated paperwork from the crash & that vehicle and haven't found a reply as that was the first thing i checked when this all came about.

    thanks again

    bhp


  5. #5
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    rippedoffagain Novitiate rippedoffagain's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2006
    I am in
    West Yorkshire
    Posts
    861

    Default Re: fined £80 for failure to sorn

    I have had this with DVLA, and they threatened me with county courticon action, but they never pursued the action as I invited them to prove I had not posted the SORN. I would take the same line with this DCAicon.

    Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.

    A to Z index
    http://www.consumeractiongroup.co.uk...hat-youre.html

    ......................... ......................... .........................

  6. #6
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    letshelp Informative letshelp Informative letshelp's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2008
    I am in
    hell
    Posts
    1,770

    Default Re: fined £80 for failure to sorn

    I have also been victim to this DVLA [problem]. Someone at DVLA mistyped my address onto the V5 so I never got the reminder, (the vehicle has been off road in my garage for 4 years) The first I knew was when I got a notification that I had a £80 fine, it was on the address that I noticed the error, (well done Royal Mail for finding me). I wrote to DVLA and got their, 'well you should have checked the V5 we sent you and noticed our mistake, its all your own fault'.
    I pretty well p*ssed off that I have to act as unpaid quality control for the DVLA, and when I fail to spot THEIR error, I cop a fine.
    Well done the DVLA you're worth every penny!!!!!!!!!!!!!

    Please remember our troops, fighting and dying in our name. God protect them.

  7. #7
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2006
    Posts
    5,029

    Default Re: fined £80 for failure to sorn

    Quote Originally Posted by letshelp View Post
    I have also been victim to this DVLA [problem]. Someone at DVLA mistyped my address onto the V5 so I never got the reminder, (the vehicle has been off road in my garage for 4 years) The first I knew was when I got a notification that I had a £80 fine, it was on the address that I noticed the error, (well done Royal Mail for finding me). I wrote to DVLA and got their, 'well you should have checked the V5 we sent you and noticed our mistake, its all your own fault'.
    I pretty well p*ssed off that I have to act as unpaid quality control for the DVLA, and when I fail to spot THEIR error, I cop a fine.
    Well done the DVLA you're worth every penny!!!!!!!!!!!!!
    Not quite, as there is no requirement in law for DVLA to send a reminder. That they omitted this courtesy is no defence. As RK, you remain liable - reminder or no reminder.

    You are asked to check the V5 when you receive it. It is not unreasonable for DVLA to ask you to do this a inform them of any errors. You should see some of the standards of writing people use on forms - it is no surprise that there are sometimes transcription errors.


  8. #8
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    letshelp Informative letshelp Informative letshelp's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2008
    I am in
    hell
    Posts
    1,770

    Default Re: fined £80 for failure to sorn

    I understand that Pat, but as Im sure you know it then goes on to say that if you don't receive an acknowledgement i a couple of weeks, please telephone our rip off telephone number and tell us. I would suggest it was in their financial interesticon NOT to send an acknowledgement, because if you realise they havent sent one, they get you telephoning their rip off number, or, they hit you with a fine for failing to declare SORN. Its nothing but a [problem] and only a Government agency could get away with it.

    Please remember our troops, fighting and dying in our name. God protect them.

  9. #9
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2006
    Posts
    5,029

    Default Re: fined £80 for failure to sorn

    No, you are confusing the two issues.

    V5 details

    On the V5 it states very clearly
    If any details are wrong enter correction in Section 6, sign at Section 8, and return Certificate to DVLA
    There is no requirement to ring them on any number - rip-off or otherwise.

    SORN renewal

    There is no obligation for DVLA to send any sort of reminder. The RK remins liable for either VED or SORN regardless of whether any reminder is sent.

    Again, whilst you can ring a national rate (0870 - not a rip-off premium rate) number to tax or SORN over the phone, you can equally well do it by post or by taking it to a Post Office or free on-line.

    I accept that the renewal form does state that you should contact them if you do not receive confirmation within 4 weeks (BTW, it is confirmed almost instantaneously by email if you SORN on-line). However, what most people, the DVLA and Capita (who administer the continuous taxation regime) fail to realise that is that the Interpretation Act 1970 is completely against them.

    This Act states in S.7 (my bold)

    7. Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expression "give" or "send" or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.
    DVLA/Capita simply saying that they did not receive it, does not constitute proof to the contrary.

    If anybody is eventually taken as far as Court for this offence, it is not dealt with by a civil court and a CCJ - it is a matter fro Magistrates' Court as it is a criminal matter. Burden of proof in a criminal court is "beyond reasonable doubt"


  10. #10
    Site Team Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2007
    I am in
    the computer room.
    Posts
    9,331

    Default Re: fined £80 for failure to sorn

    Quote Originally Posted by patdavies View Post
    This Act states in S.7 (my bold)
    7. Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expression "give" or "send" or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

    Conversly, they could also ask you to prove they did not send a reminder.

    Trading Standards wants your help

    Dubious website businesses
    Conterfeit alcohol and cigarettes
    Illegal sales of alcohol, tobacco, knives & fireworks to children
    Cowboy builders or tradesmen
    Car clockers
    Counterfeiters
    Aggressive selling

    http://www.ripofftipoff.net/

    Never phone or accept phonecalls from debt collection companies.

    If you don't believe you can win, there is no point in getting out of bed.
    _________________________ ________________
    _________________________ ___________________


    The Consumer Action Group needs help to cover its expenses.
    You could help by making a money contribution to-
    to http://www.consumeractiongroup.c o.uk/paypal.php?go=donate

  11. #11
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2006
    Posts
    5,029

    Default Re: fined £80 for failure to sorn

    Quote Originally Posted by Conniff View Post
    Conversly, they could also ask you to prove they did not send a reminder.
    No, because there is no duty to send a reminder.

    Regardless of the existence or receipt of any reminder, the RK remains liable for ensuring that a vehicle is either taxed or SORN'd.


  12. #12
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    letshelp Informative letshelp Informative letshelp's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2008
    I am in
    hell
    Posts
    1,770

    Default Re: fined £80 for failure to sorn

    Thanks for the clarification Pat, whilst not wanting to open a debate on telephone numbers, 0870 is at least 10p a minute its certainly not local rate, it was implemented with the sole intention of making money from enquiriers to the DVLA, and in my mind that makes it a rip off number. I read somewhere that the DVLA make abou 2,000,000 a year from this number.
    The reason I am annoyed with DVLA is that, my V5 arrived sometime ago, and yes I failed to conform to DVLA's instructions, I did not notice that they had botched my address, I wouldn't think to check as it had arrived at my house, so I missed the first notification of a fine, the Royal Mail manage to find me with the second notification telling me the fine had now increased to £80. It was on the second notification that I realised they had botched my address. I wrote to tell them this, thats when I got the its all your own fault etc.......
    Further to that, I cannot be alone in having other things going on in my life to think, if I don't receive a SORN acknowledgement within 4 weeks, Ah I must telephone those nice people at DVLA and chase up my SORN. In all honesty, I'm too busy and have no chance of remembering.

    Please remember our troops, fighting and dying in our name. God protect them.

  13. #13
    Royalties Account Holder
    Help the CAG!!
    Download our toolbar
    buzby Highly informative buzby Highly informative buzby Highly informative buzby Highly informative buzby Highly informative buzby Highly informative buzby Highly informative buzby Highly informative buzby's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    I am in
    Scotland
    Posts
    14,663

    Default Re: fined £80 for failure to sorn

    0870 was never a LOCAL number - it was a NATIONAL number (local being 0345). That said, OFCOM have now decreed that since the cost of phone callsicon has fallen so much since their introduction, they should not be described in this way. 0870 numbers will soon be mandated to be charged at no more than the equivalent cost of a call to 01, 02 and now 03 codes. This latter code is where the existing 0870 users may end up.

    As to the process. Of course it is unfair and unreasonable. That's why I indent voting out those cretins that came up with the idea and allowed the persecution of innocent motorists without just cause, at the next election.


  14. #14
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    robin9342 Informative robin9342 Informative robin9342 Informative robin9342's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Nov 2007
    I am in
    E.Sussex
    Posts
    806

    Default Re: fined £80 for failure to sorn

    As to the process. Of course it is unfair and unreasonable. That's why I indent voting out those cretins that came up with the idea and allowed the persecution of innocent motorists without just cause, at the next election.
    I never voted for those cretins in the first place



Browsealoud
Video Tour



Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE