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    • 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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bought a car saturday afternoon no tax supplyed are you able to drive it around?


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when i bought my car from a dealer they said they do not tax vechicles they sell. this was on a saturday afternoon so i could only tax it on monday, i had the rest of my particulars, insurance etc was i still legal to drive? i have been unable to find out any were else.

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No.

 

You can't put a car on the public highway unless it is taxed.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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not having car tax is NOT a criminal offence it is a civil offence. afaik no post office opens past 12.30 on a saturday and it is the customers responsibility to make sure all the documentation is in order before the vehicle is used on the public highway un less it is a brand new vehicle

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Guest 10110001
not having car tax is NOT a criminal offence it is a civil offence.

 

The police say they don't get involved in civil matters.

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not having car tax is NOT a criminal offence it is a civil offence.

 

There are two distinct offences

 

No VED is a civil offence and is pursued by DVLA.

 

Failure to display VED (regardless of whether you have a disk or not) is a criminal offence and is dealt with by the Police - usually £30 non-endorsement FPN.

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NOT having your car taxed, when on a public highway, also invalidates your insurance...;)

 

Was there NO P.O. open in Brum on a Sat afternoon??...:confused:

 

 

i had to collect the car from wednesbury at bout 4pm by the time back in brum all is closed

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not having car tax is NOT a criminal offence it is a civil offence. afaik no post office opens past 12.30 on a saturday and it is the customers responsibility to make sure all the documentation is in order before the vehicle is used on the public highway un less it is a brand new vehicle

 

 

2001 car so obviously not brand new, i was'nt coverd then

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As far as I know, dealers are not allowed to release the car without all the legal documentation. I bought one several years ago and the dealer took me to the PO for a tax disc for the reason stated.

 

 

 

can any body be sure about this because i might use this in my defence in a on going issue i have with them, need to be sure though:rolleyes:

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Ive bought a number of cars from dealers and they sometimes dont have tax.

 

The reality of the situiation is you run the risk of a FPN for No VEL but thats the risk you take. It certainly doesnt invalidate your insurance.

7 actions in progress

 

amount refunded so far £6500

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can any body be sure about this because i might use this in my defence in a on going issue i have with them, need to be sure though:rolleyes:

 

I have been a second hand car dealer for nearly thirty years now and I have never heard anything like that before. As soon as you, the customer hand the money over the vehicle becomes your property and your responsibility. Liability for a RFL lies with you. In fact I always put the time of day by the date on the invoice so I get no nasty surprises in the post. What I sometimes do if the customer has off road parking at home is to run the vehicle home for them on trade plates and the rest is up to them. There are some post offices that are open Saturday afternoons for road tax, we have one locally that is open till 6pm Monday to Saturday. You should have left the car at the dealers and returned for it when you had the road tax. Many dealers will not tax a car for customers simply because more often than not the customer hasn't changed his insurance and they want the dealer to use his trade policy, but then we never can be sure that the customer will actually insure the car. Every vehicle I send to auction has no road tax (any outstanding I always apply for a refund) some have no MoT some have no logbook some might have no paperwork at all, so to say dealers cannot sell a car without all it's documentation I would suggest is ridiculous.

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No.

 

You can't put a car on the public highway unless it is taxed.

 

Unless travelling to/from a pre-arranged MOT appointment or for repair work after failing an MOT, or to comply with the instruction of a police officer (if I recall correctly).

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I have been a second hand car dealer for nearly thirty years now and I have never heard anything like that before. As soon as you, the customer hand the money over the vehicle becomes your property and your responsibility. Liability for a RFL lies with you. In fact I always put the time of day by the date on the invoice so I get no nasty surprises in the post. What I sometimes do if the customer has off road parking at home is to run the vehicle home for them on trade plates and the rest is up to them. There are some post offices that are open Saturday afternoons for road tax, we have one locally that is open till 6pm Monday to Saturday. You should have left the car at the dealers and returned for it when you had the road tax. Many dealers will not tax a car for customers simply because more often than not the customer hasn't changed his insurance and they want the dealer to use his trade policy, but then we never can be sure that the customer will actually insure the car. Every vehicle I send to auction has no road tax (any outstanding I always apply for a refund) some have no MoT some have no logbook some might have no paperwork at all, so to say dealers cannot sell a car without all it's documentation I would suggest is ridiculous.

 

Indeed, well said. One question though - dealers taxing cars (using their trade policy) is commonplace. Your bit about "can never be sure the customer will insure the car" - do you say that purely from a sense of community, or is there some kind of obligation upon you?

 

With the advent of ASKMID it is quite easy to put insurance in place and then be able to tax the vehicle (online if necessary) - though the system can take a little while to be updated.

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Hi, myself and many dealers that I know are reluctant to tax cars using the trade policy because we take road insurance very seriously. It is as you say due to a sense of community, not obligation. I have read of too many horror stories involving uninsured motorists. Personally I feel that the punishment for such offences makes it sometimes more attractive for the car owner to take a chance and have no insurance.

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Hi, myself and many dealers that I know are reluctant to tax cars using the trade policy because we take road insurance very seriously. It is as you say due to a sense of community, not obligation. I have read of too many horror stories involving uninsured motorists. Personally I feel that the punishment for such offences makes it sometimes more attractive for the car owner to take a chance and have no insurance.

 

Take my hat off to you Sir, I respect that.

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Last time I bought a car from a dealer my insurance company faxed a cover note to them with the registration number of the car I was buying - when I picked up the car it was taxed ( I had to pay for it beforehand).

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i was given 7 days free days insurance cover which i did use to tax the vehicle so that was not a problem. my point is i was told by the dealer i would be fine over the weekend & not to worrie, i'd be fine if i explaind i just bought the car and was unable to tax it yet. im getting the picture that this was not true and the car should of been taxed befor driven and if caught i would of been liable.

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I would suggest that the dealer gave bad advice. Having just purchased a car is no defence for having no road tax. You would be liable if pulled up by the police. Obviously some police officers are understanding and would let you on your way, however most would report you to the DVLA.

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As far as I know, dealers are not allowed to release the car without all the legal documentation. I bought one several years ago and the dealer took me to the PO for a tax disc for the reason stated.

 

The above was a small dealer (had less than 30 cars). Other cars I have bought (or attended at the purchase), have been from a variety of main and small dealers. All were old cars and all insisted a valid insurance certificate was produced (usually faxed to them by insurance company) and tax disc before leaving their premises. Apart from the dealer who took me to the PO, all the others added the tax disc fee to my purchase then collected the tax disc themselves.

 

Having experienced the above on over 10 occasions (in different City/Towns) I assumed it was compulsory. Maybe, it is just "good practice".

 

Failure to display a tax disc is a criminal offence. It can be argued that handing over the keys to a car that is known to be untaxed is "aiding & abetting" a crime. I have no idea if the police would try (or have tried) prosecutions on dealers. I would say dealers are taking risks though as they are a key group of people who can limit car tax evasion. If some-one drove uninsured from a garage and had a accident involving fatalities, then the police would probably throw the book at anyone they could.

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Failure to display a tax disc is a criminal offence. It can be argued that handing over the keys to a car that is known to be untaxed is "aiding & abetting" a crime. I have no idea if the police would try (or have tried) prosecutions on dealers. I would say dealers are taking risks though as they are a key group of people who can limit car tax evasion. If some-one drove uninsured from a garage and had a accident involving fatalities, then the police would probably throw the book at anyone they could.

 

I disagree. Firstly no road tax is not a criminal offence. If the police stop you they do not prosecute but send the details to the DVLA who themselves take you to court.

Handing over keys to a vehicle without road tax cannot be seen as aiding and abetting, because maybe the vehicle isn't actually going to be used on the road. I have sold cars that are going to be exported, or are going into a private collection and will never be used on the UK roads again. I have sold vehicles to people who don't have a driving licence, the car is a birthday or christmas present for somebody else. It has been up to those individuals to employ a driver to move the car. It is not my responsibility what somebody does with an item once I have sold it to them. If they choose themselves to break the law I cannot see how I could be held responsible. I have on occasions advised buyers to leave the car where it is and come back when they have road tax, some do whilst others laugh and go on their merry way. I would say that my only responsibility with the vehicle lies with the roadworthyness of it.

I would bring up my point again about the vehicles I send to auction each week. If it was illegal then BCA would be out of business next week.

Many a time I have come out from a car auction and have seen the police sitting at the side of the road waiting to pick up private people coming out in newly purchased cars, ready to pounce for no MoT insurance etc. and the only person they prosecute is the man or woman sitting in the driver's seat.

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Firstly no road tax is not a criminal offence.

 

Correct, but failing to display road tax is a criminal offence

 

Handing over keys to a vehicle without road tax cannot be seen as aiding and abetting, because maybe the vehicle isn't actually going to be used on the road... It is not my responsibility what somebody does with an item once I have sold it to them. If they choose themselves to break the law I cannot see how I could be held responsible.

 

Agreed. The responsibility would be completely of the person driving the vehicle.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Hi Guys

Been in the car trade all my life and the main reason i would not tax a car with my trade policy is because the car would then be put in my name so if a car needs taxed then its up to the buyer to tax car Some car dealers will tell you whatever just to get the sale

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