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    • You will be subject to the same laws notice periods and protections as with any length of contract.    From my own and other’s personal experience I would treat it as an amber warning light to start putting out feelers into what’s out there on the market   A 6 month contract is great for people who might be waiting for a new build , or having renovations done on their own property. For someone like yourself who wants security it might well be time for you to consider moving on.
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    • I am sorry, but without seeing the contract, and knowing what is on it or what effect it has, it is impossible to say.     
    • A16 BYN is the plates that the car was advertised with, and obviously the plate which I checked the mot history with, I also thought the same that the website maybe hadn't been updated with the most recent mot that the dealer had got done, I asked for the original plate number whilst doing the logging in to my bank account, to pay both the dealer and the shiply transporter. Bearing in mind I had told the dealer around 6pm that I would get the deposit sorted out when I put my son to bed, that gave him every opportunity to send me any pre contract details etc. Just over an hour later (son still wasn't in bed) asked for the address of where the vehicle was to be picked up from as I couldn't accept the quote for the transporter without that information. Less than an hour after that he whatsapped me asking if I still want to buy the car because he's getting enquiries from other interested parties and is telling them that he's sold the car to me (no deposit  paid as yet). I then replied a few min later having finally got my son to sleep.    Anyway between me sorting out the details and where to pick the car up from, log into my banking to pay deposits etc he'd  messaged me the original plate no... which I didn't see until after I'd done all the aformentioned.    I decided to check the history on that plate as like yourself I had been confused about the mileage, low and behold there was the most recent mot containing 5 advisories which were never mentioned to me. Another thing I can't really understand is the expiry date of the mot before that either and I did query all of this with the dealer, only to be told that cars in Scotland are renowned for corrosion issues...and that if I had checked the mot history I would have seen them, I explained I had checked the history on the plate in the advert as I had no knowledge of what the original plate numbers were and he told me that the most recent mot was under the plate in the advert. Most certainly the mot certificate he then sent me on whatsapp had the advertised plate on the certificate,  however, it wasn't showing up on the dvla page.    By this stage I was irate with him for several reasons, for not notifying me of the advisories and telling me that he had checked the dvla and the most recent mot was showing up on the advertised plates, I then screenshot the page with the expiry and this car is not mot'd information, and 2 for telling me that cars in Scotland are renowned for corrosion issues!    Had he simply said, the car is 18 years old you're going to expect to have some corrosion at some point, I'd have been a bit more tolerant at that stage. Apon checking the history on the original plates, it transpired it passed the last MOT previous to the most recent one on the same day the advertised plates ran out, I still haven't quite fathomed out what is going on regards to this. However the previous mot showed no corrosion issues and as it hadn't failed on that basis, I would get the panel beater sprayer mentioned in an earlier post to have a look at it, and sort the issues out re that, also the main reason I had the car delivered to my dad's address as that's also the area where the panel beaters business is.  
    • I had a similar thought, TJ. The Guardian has done an explainer of the rules as of yesterday.   Someone said that if the government, had retained public trust, they might not have needed stringent measures like this.   https://www.theguardian.com/world/2020/sep/28/england-new-coronavirus-restrictions-explained
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Demand from Collectica for DVLA SORN


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I moved house in 2012 and changed my vehicle registration documents to reflect my new address. My motorcycle has been off the road for a few years and I have SORN it each year as soon as I received the reminder.

 

Last year I did not get a reminder, and forgot to SORN. The first I knew of this was a very threatening letter from Collectica demanding I pay £80 immediately!

 

I have never heard of this company, and so contacted the DVLA to ask for validity, and proof that they had written to me, as the letter stated 'despite previous notifications'. The DVLA advised I dispute the fine in writing which I did.

 

Collectica have ignored my letter and sent me an even more threatening letter demanding I pay.

 

Do I have any options here? Although I did not SORN the vehicle as I forgot, I never received any form of notification, the bike been in the garage the whole time.

 

Any advice would be welcomed.

 

Thanks Ewan

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are collectica operating as bailffs or DCA here

 

I suspect as a dca

and trying to pull their usual trick.

 

you prob owe nowt.

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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I moved house in 2012 and changed my vehicle registration documents to reflect my new address.

 

Have you had any confirmation that has arrived at your new/most recent address ?

 

Have you changed your licence details with the DVLA and had acknowledgment it has been updated ?

 

If so then you may be able to start a full counterclaim with the help of a single solicitors letter (record the receipt and amount).

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You are right they are operating as a debt collector at this stage. I have read some horror stories about them though.

I'm not sure of my rights at this stage after I have clearly disputed the fine. Can you be fined and not be informed by the DVLA and this fine passed directly to a debt collector without any knowledge?

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If they are claiming the Late Licensing Penalty - s.7A, Vehicles Excise & Registration Act1994 - it is not a fine, it is a penalty treated as a civil debt and if not paid can end up in the County Court.

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in this instance its prob [lke the others here]

the DCA doing this off their own back hoping to spoof the OP

 

they re only acting as a DCA [prob from a list from the DVLA that they see no sorn etc and are chancing their arm you'll cough]

 

UNTIL it going before the CC, they cant act as bailiffs

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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in this instance its prob [lke the others here]

the DCA doing this off their own back hoping to spoof the OP

 

they re only acting as a DCA [prob from a list from the DVLA that they see no sorn etc and are chancing their arm you'll cough]

 

UNTIL it going before the CC, they cant act as bailiffs

 

dx

 

 

Exactly - as the OP didn't take out a licence or declare the vehicle SORN when the last SORN expired, they are liable for the Late Licensing Penalty, which is treated as a debt and why the debt collectors are involved.

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Surely the DVLA should have been able to confirm that it was not SORN and they informed me, at the moment they have only informed me to write the collectica, which should open a case, but Collectica's solution is to write me another very aggressive letter, ignoring mine?

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Unfortunately it is the other way round, although DVLA normally do send a reminder, it is your responsibility to take out a new licence, or declare SORN on or before the expiry of the old one. If you don't you become liable for the Late Licensing Penalty, which is Collectica are writing to you.

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The proof is - was a new licence taken out, or a new SORN declaration made, on or before the expiry of the old one?

If the answer is no, you are liable for the penalty, which is what they are claiming.

Collectica are acting as a debt collector for the DVLA.

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Sorry, missed that one.

 

Have you had any confirmation that has arrived at your new/most recent address ? Yes I had my new address on the updated registration documents through the post.

 

Have you changed your licence details with the DVLA and had acknowledgment it has been updated ? As above, but I have not recieved any other details or reminders at new or old address.

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Sorry, missed that one.

 

Have you had any confirmation that has arrived at your new/most recent address ? Yes I had my new address on the updated registration documents through the post.

 

Have you changed your licence details with the DVLA and had acknowledgment it has been updated ? As above, but I have not recieved any other details or reminders at new or old address.

 

There you go

 

Now follow the advice at the foot of Post 3. There is no way a parasitic collecting agency can ask for money , when their host has confirmed you have provided updated detail. A solicitor's letter will advise them to go screw themselves using polite legal jargon and further witty banter within will get the costs of that correspondence reimbursed within a reasonable time.

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There you go

 

Now follow the advice at the foot of Post 3. There is no way a parasitic collecting agency can ask for money , when their host has confirmed you have provided updated detail. A solicitor's letter will advise them to go screw themselves using polite legal jargon and further witty banter within will get the costs of that correspondence reimbursed within a reasonable time.

 

The debt collectors are dealing with the Late Licensing Penalty - s.7A, Vehicle Excise and Registration Act 1994.

 

It is not about updating details, it is because the OP did not take out a licence or renew the SORN declaration when the last one expired and so they are liable for the penalty which is treated as a civil debt.

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It is not about updating details, it is because the OP did not take out a licence or renew the SORN declaration when the last one expired and so they are liable for the penalty which is treated as a civil debt.

 

If the new V5C (or whatever is the flavour is this year) now shows the new address then it should be a simple case to reSORN using that document only, after it arrives. Any reminder - received or not - is a red herring. For example if a reminder was sent out - and it was in any way incorrect in its detail, then it could and should not be used by the o/p for SORNing, the same with a V5 with old detail, since the DVLA cannot update a database with a SORN request using what is now an obselete 16 digit number. There are instances where I have been unable to SORN or tax a vehicle because the reference number on the form is no longer recognised by the system as the database believes a newer code has to be used. Phoning the number on the form leads to the same inability to SORN as the system does not allow outdated detail to be used. Even trying to tax a vehicle at the Post Office leads to their system over-riding the documents provided, and a warning comes up to call the DVLA.

 

It is a dispute which involves updating detail in a collective database issue, the alleged debt cannot be treated as separate.

Edited by Kiki1
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If the new V5C (or whatever is the flavour is this year) now shows the new address then it should be a simple case to reSORN using that document only, after it arrives. Any reminder - received or not - is a red herring. For example if a reminder was sent out - and it was in any way incorrect in its detail, then it could and should not be used by the o/p for SORNing, the same with a V5 with old detail, since the DVLA cannot update a database with a SORN request using what is now an obselete 16 digit number. There are instances where I have been unable to SORN or tax a vehicle because the reference number on the form is no longer recognised by the system as the database believes a newer code has to be used. Phoning the number on the form leads to the same inability to SORN as the system does not allow outdated detail to be used. Even trying to tax a vehicle at the Post Office leads to their system over-riding the documents provided, and a warning comes up to call the DVLA.

 

It is a dispute which involves updating detail in a collective database issue, the alleged debt cannot be treated as separate.

 

 

It is nothing to with the address on the V5C, updating details, databases or reminders - it is the Late Licensing Penalty for failing to take out a licence or declare SORN on or before the expiry of the old one - which the OP has said, he didn't do.

Edited by Raykay
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It is nothing to with the address on the V5C, updating details, databases or reminders - it is the Late Licensing Penalty for failing to take out a licence or declare SORN on or before the expiry of the old one - which the OP has said, he didn't do.

 

The O/P confirms on the forum in this case it has not been done, but the DVLA is not basing their issue of late licensing penalties ONLY on those that fail to reSORN, but a blanket on any registered keeper who is apparently without road tax or a SORN within their database at a particular time.

 

Many of those who are unable to reSORN have given reasons outside their control - and it is often purely down to a failure within the SORN/relicensing system that is in place - that has caused the late licensing penalty to be issued/followed up by further correspondence from Collectica.

 

Until the SORN system is overhauled or scrapped, many more will be forced to deal with threats of legal action through the county court, the legislation not taking into account whether SORNing was carried out, or not.

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It is the responsibility of the registered keeper to ensure that a motor vehicle is continuously either licensed or there is a SORN in place. There is no defence or reason why a registered keeper would be unable to do so.

 

If a registered keeper fails to take out a licence or make a SORN declaration on or before the old one expires, they are liable for the Late Licensing Penalty - s.7A, Vehicles Excise & Registration Act 1994.

 

Being the registered keeper of an unlicensed vehicle is a different matter, it is an offence contrary to s.31A of the same act.

Edited by Raykay
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The bottom line - which is fatally flawed.

 

Why? There is no reason why a registered keeper would be unable to licence or SORN a vehicle, it can be done on-line, phone, by post or at a Post Office (that issues licences).

Edited by Raykay
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Why? There is no reason why a registered keeper would be unable to licence or SORN a vehicle, it can be done on-line, phone, by post or at a Post Office (that issues licences).

 

Unless they post it and it doesn't arrive, the RK is on holiday for a long time over this period, the RK is in hospital for weeks over this time, plus other reasons.

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Why? There is no reason why a registered keeper would be unable to licence or SORN a vehicle, it can be done on-line, phone, by post or at a Post Office (that issues licences).

 

There are plenty of circumstances where the DVLA system will not accept a SORN application.

 

It's happened to me on at least three occasions over the years, and even the Post Office (that issues tax discs) has had to bypass the online system to allow me to pay for a licence, as their screen advised them that the details of a vehicle were incorrect, despite having every bit of documentation in front of them.

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There are plenty of circumstances where the DVLA system will not accept a SORN application.

 

It's happened to me on at least three occasions over the years, and even the Post Office (that issues tax discs) has had to bypass the online system to allow me to pay for a licence, as their screen advised them that the details of a vehicle were incorrect, despite having every bit of documentation in front of them.

 

You would still be able, as the registered keeper, to do it.

 

If you don't have the reminder or V5C, or the details are not correct, it can be done by post - with form V10 for a licence, V890 for SORN.

Edited by Raykay
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You would still be able, as the registered keeper, to do it.

 

If you don't have the reminder or V5C, or the details are not correct, it can be done by post - with form V10 for a licence, V890 for SORN.

 

The details and documentation brought in were correct and complete, otherwise counter staff would not have issued a tax disc, only the DVLA record stated otherwise.

 

Postal service is of absolutely no use when the vehicle is to be used the same , or following day.

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