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    • LPA.  (I'm fighting insolvency due to all the stuff that he and lender have done).  He appointed estate agents - (changed several times). Disclosure shows he was originally appointed for a specific reason (3m after repo) : using his powers as acting for leaseholder to serve notice on freeholders (to grab fh).  There was interest from 3 potential buyers. He chose one whose offer depended on a positive result of the notice.  Disc also shows he'd taken counsel advice - which was 'he'd fail'.  Irrespective he'd asked to resign as his job (of serving notice) was done and he'd found a buyer.  Lender asked him to stay on to assign notice to the buyer.  Notice failed, buyer didn't buy.  So receiver stayed.  There was 1 buyer who wanted to proceed w/o fh but receiver/ lender wasted 1y trying to get rid of them!  Disc shows why. But I didn't know why at the time. Lender voiced getting rid of receiver. Various reasons - including cost.  But there's a contradiction/ irony: as I've seen an email (of 4y ago) which shows the receiver telling lender not to incur significant costs and to minimize receiver costs.  Yet lender then asked him to serve another notice - again counsel advice indicated 'he'd fail'.  And he did fail.  But wasted 3y trying and incurred huge legal costs - lender trying to pass on to me. Lender interfered - said wanted to do works.  Receiver should have said no.  But disc. shows he agreed to step aside to let them do the works - on proviso lender would discuss potential costs first (they didn't), works wouldn't take long (took 15m), and lender would hold interest (they didn't) (this last point is crucial for me now - as I need to know if I can argue that all interest beyond this point shouldnt be allowed?)   I need to check receiver witness statement in litigation with freeholders to see exactly what he said about 'his position'. But I remember it being along the lines of - 'if the works increased the value of the property he didn't have a problem'.  Lender/ receiver real problems started at this point. The cost of works and 4y passage of time has meant there is no real increase in value. Lender (or receiver) didn't get any permissions (statutory or fh) (and didn't tell me) and just bulldozed the property to an empty shell.  The freeholders served notice on me as leaseholder for breach of covenants (strict no alterations).  The Lender stepped in (acting for me) to issue notice for relief of forfeiture - not the receiver.  That wasted 2y of litigation (3y if inc the works) and incurred huge costs (both sides).  Lender's aim was to do the works that every potential buyer balked at due to the lease restrictions.  Lender and receiver knew couldn't do works w/o fh permission. Lender did them anyway; receiver allowed.  Receiver remained appointed.  I'm arguing lender interfered in receiver duties.  Receiver should have just sold property 4-5y ago w/o allowing any works.  Almost 3y since works finished the property remains unsold (>5y from repo). The property looks brand new - but it was great before.  The lender spent a ton of money - hoping that would facilitate a quick sale.  But the money they spent and the years they have wasted has meant they had to increase sale price.  It's now completely overpriced.  And - of course - the same issues that put buyers off (before works) still exist.   The receiver has tried for 2y to assert the works increased value. But he is relying on agents estimates - which have proved highly speculative. (Usual trick of an agent to give a high value to get the business - and then tell seller to reduce when no-one buys.). And of course lender continues to accrue interest (despite 4y ago receiver saying pause interest). Lender tried to persuade receiver to use specific agent. Disc shows this agent was best friends with the lender's main investor in the property.  Before works this agent had valued it low.  After works this agent suggested a value 70% higher!  The lender persuaded receiver to sack one agent and instead use this agent.  No offers. (Price way too high).   Research has uncovered that this main investor has since died.  I guess his investment is part of probate? And his family want it back?    Disc shows the sacked agent had actually received a high offer 1y ago.  Receiver rejected it.  He was relying on the high speculative valuation the agents had given him to pitch for the business. The agents were in a catch-22.  The receiver sacked them. Disc shows there has been 0 interest ever since. I don't think lender or receiver want all this to come out in public domain via a trial.  It will ruin their reputations. If I can't get an order for sale with lender - can I apply separately against receiver?
    • Ok many thanks. Just wanted to check that nothing else for us to do / send for the moment. Will update again once we receive a copy of their N181 and proposed directions for review. Our post is a bit hit and miss at the moment. Appreciate the help through this process.
    • Yes and will ask you if you are in agreement and or wish to add /remove any direction.
    • Torys seem to think its worth while - cheap muckspreading while they get away with ACTUALLY doing it? More the aspect of ensuring that when these tactics are used without justification - make sure your people aren't doing it more and worse or their crap spread on the waters ... - mind you, the Tories would have to maybe even ease off on their using taxpayer and donor money to fund their preferred lifestyles wouldn't they? Maybe even do the jobs they are paid for?  
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What to do with SORN fine


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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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