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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • 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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What to do with SORN fine


inamess2
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Hi, I have received a letter today which is a debt recovery notice for £80 for non payment of SORN declaration. It says I must pay the debt immediately otherwise legal action will commence and the car will be impounded. It also says I can end up with a minimum fine of £1000.

 

Here come the problems.

 

I now receive £55 per week Job Seekers Allowance, I have no assets or savings with which to pay the fine.

 

I don't have the car, it was stolen about 2 years ago and suffered major damage after it was crashed into a bridge, it was a write off and when it was recovered by a garage I couldn't pay their fine so didn't call them.

 

After getting on the property ladder for the first time I became the target of many crimes which destroyed my mental health, the worst of which was being burgled four times and my car being stolen. My car and house was damaged multiple times as well as being the victim of many incidents of antisocial behaviour. I now have massive debts, the house was eventually repossessed after I paid the 25 yr repayment mortgage for 3 years and I lost the £10k deposit I put down on the house after I was unable to work due to my health suffering through being the victim of endless crimes. I still owe £26k on the house and have total debts of around of £40k including the £7k loan I spent improving the house.

 

I couldn't claim on insurance for the car as I had left the keys in the door. I paid £460 for the car, the police gave me the number for the garage at the time and said the car had been severely smashed up when it hit a bridge and said I owed the garage about £270 for recovering the car. At the time my income was £40 a week income support, I had no way to pay the fine and no way to get to the car, it was found about 40 miles away in a different county. I did not call the garage as I didn't know how I would pay the fine. I presumed they had just declared it as scrap and got whatever they could off the car to try to get their money back for recovering it. I have never been able to afford to get back on the road again with another car.

 

My mental health is very poor, I think about suicide all the time, and would struggle to able to work, I am signed off sick by my doctor. I had everything going for me, and lost everything due to crime. One time I had no benefits or money for food and was refused a crisis loan so I threw away a lot of my stuff including all paperwork I had as I was prepared to end it all and still am.

 

What do I do? I have no car, no proof it was scrapped, no paperwork, no log book and am unable to pay the £80 fine they have issued me at my new address. I used to earn £600 per week, had my own car, home, now I have £55 a week to try and live off. Please somebody advise me the best course of action to take regarding this fine for non-SORN declaration.

 

Does anybody know any online competitions where the prize is a one-way plane ticket out of this country?

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As I only had third party insurance on the car, left the keys in the door and was not driving at the time, I was such a mess I didn't even contact the insurance company myself, nobody asked me for my insurance details. At the time I ended up in a terrible state due to everything that had happened, I used to shake uncontrollably and didn't live up to my responsibilities and just left everything as I couldn't cope whatsoever. As I left the keys in the door, the police told me that would invalidate an insurance claim as it was my own fault and I was responsible, I would just cower and cry for months on end in the corner of the room contemplating how best to kill myself, I did not care about anything. I didn't know how I would pay the £270 recovery fine and all the other bills and fines that were mounting, I just hid away from everything hoping it would all go away. The car was registered in my name, taxed and had third party insurance at the time. This happened about 2 years ago now and I have no paperwork anywhere.

 

In retrospect, I guess my main error then was not notifying the insurance company due to extremely poor mental health and hoping it would sort itself out. What do I do now? What is going to happen to me?

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Since the garage scrapped the car, they had a duty of care to report the car to the DVLA as scrapped. It might be worthwhile contacting them to ask why this had not been done. You need proof from them that the car has been scrapped and on what date.

 

With this, you'll probably get the fine waived.

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Hi, thanks for the replies.

 

I have no idea which garage took away my mashed up old car, it was very far away me.

 

Do you think the police would still have that information two years on if I asked them for it again? If I contact the garage they are probably going to fine me too for the recovery charges, but at least I won't end up at magistrates court for it and it will get DVLA off my back.

 

I have just read some interesting information on this page:

 

What to do if your vehicle is scrapped or written off : Directgov - Motoring

 

It says on a certificate of destruction the dvla is notified, it seems without a COD I am going to have to get a replacement registration document and then notify the DVLA that I no longer have ownership of the vehicle, the garage has probably scrapped it for spare parts without getting a certificate of destruction.

 

I will write to the police and see what information they have on their records and try to get a replacement v5 document. Apparently it costs £25 which is 50% of my weekly income. I may goto CAB for help once I get the replacement logbook and put a doctors letter in with it as well as whatever information I get from the police and the garage concerned.

 

Rip off Britain, too much yobbish behaviour from youths to try to make a living, I had more money the day I was born. The entire system works against you when you lose your mental health and just kicks you while you're down.

 

Thank you both for your help, I will try to do what I can.

Edited by inamess2
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This doesn't help your issue with a fine, but there is little point paying for a replacement V5C when all you wish to do is advise them of the vehicle's scrapping. WRITE to DVLA, stating that on XX date, the vehicle registration number XXXX was involved in an accident and was scrapped. You are therefore formally advising that the vehicle has been destroyed, and would like the DVLA to note this on their records.

 

There's a possibility that once this is processed, you might find that as their claim for tax comes after this, you'll be able to argue none is payable.

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  • 2 months later...

hi i have just been slapped with a 80 quid fine and dvla have never had my sorn form and they say if i have not recieved an acknowledgement letter its my fault im too busy to interact with them specially as i sent the form they blame the royal mail for not getting it so why cant i blame the royal mail for not getting their acknwledgment letter ! has anyone gone futher than this?

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