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    • Hi Lutz,   Go ahead with the new account.   As I said already, the bank will probably do and say nothing to help you for the next few weeks so make whatever other arrangements you can.
    • I don't think that you have told us when you bought the car. However, you have referred to a conversation in which they apparently told you that the MOT had been carried out on 11 November so that suggests to me that you bought it after that date. Although it seems as if you are dealing with quite a dodgy crowd, you may as well go through the paces of asserting your proper rights. Because you have discovered this issue within the first 30 days – you can add to the strength of your position by sending them a letter asserting a right to reject the vehicle under the consumer rights act. If a car manifests a defect within the first 30 days then you are entitled to reject it out of hand with no chance of repair but you must assert your right in writing. Send them a letter immediately – recorded delivery – informing them that you are rejecting the vehicle and telling them on what grounds and say that you are asserting your rights under the consumer rights act. It won't make a whole lot of difference, but later on if you find yourself having to take court action, then it will all help. Please let us know when you have had the AA check. Meanwhile, I suggest that you contact me at our admin email address and let me know the identity of the garage and any other identity clues that you have unearthed. It may enable us to give you additional help
    • Assuming you're correct about the limitation running from the last date of deferral. The last deferral was in 2013 so the statute barring period would end on 31 August 2019, the money claim was made on 3rd June 2019 so is within the limitation period. Therefore the debt is not statute barred.
    • I agree with my site team colleague @slick132 but with variations. These people have been leading you around and causing you serious harm in terms of the amount of effort that you have been put to as well as the damage to your credit file. You have been given all sorts of different stories and also been misled by them as to their statutory obligations in respect of data disclosures. It has taken the issue of court claim to get them to make any move. You have taken control of the situation and it is you who has the whip hand at the moment. They are now proposing to telephone you to discuss the matter in some way – but you have no idea. Also, you have no idea who you are going to be speaking to and whether they have authority to commit Virgin to anything at all. If you agree to this phone call then you are at risk of handing control back to them because they will partly ask you to withdraw the action and they will also offer to make a payment as a "gesture of goodwill". Now that you have attracted their attention and they realise that something needs to be taken seriously, I don't think you should let go of the initiative. Please can you post up the email which you received from them. Who was it from and what is that person's role within the company. I think you should write to them and refuse the call and tell them that you are happy to discuss matters but you will want to know what it is they think they have to discuss and who will it be who will be phoning you – and will that person has any authority to make decisions. Tell them that you want an agenda and it should be treated like a telephone meeting. I think you should also emphasise to virgin that they are already in breach of their statutory duty. That if they decide to file a defence that they will have to sign it is a statement of truth subject to a sanction for contempt of court and that as they are clearly in breach of their statutory obligations, it would not be possible for them to sign off such a statement of truth and if they do, then you will bring the whole thing to the attention of the court and invite the court to express their own opinion on the matter. I think it's very important that they tell you in advance what they propose to discuss. I think you should tell them that if they're not prepared to disclose the purpose of their phone call and the points that they intend to cover and if the phone call is not made by somebody at a suitably elevated managerial level, then you are not prepared to discuss the matter. I'm afraid that I'm struck by the naïveté of this statement which I suppose is intended to be assertive.   Haven't we reached a point yet where you understand that you can't trust these people and although you may discuss various things on the telephone, if they then are required to minute the conversation and provide you with the resume of the conversation, you are handing them carte blanche to present the conversation in a way that suits them together with nuances included or removed, and generally slanted in their favour. They might not – but you are certainly opening up the possibilities and if that's what they do, how are you going to counter them and say that they have not correctly recorded what you discussed and agreed? You seem to be doing everything you can to keep on handing the baton back to Virgin. I have no idea why. You should not get involved in any telephone conversation unless you have first read our customer services guide and you are recording the call for your own benefit. If you cannot do this or you are not prepared to do this then don't take the call at all. Please will you post up the email that you have received, let me have your comments on what I've posted here and if you agree we will draft a response. You might like to start. Apparently they are proposing to telephone today and so we need to get a move on. If they happen to telephone before you have received a written reply to your message, then you should simply tell the caller that you are still waiting for their response to the email which you sent a little while earlier and you're not prepared to discuss anything until you have their written reply to that.
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No Insurance Fine Threat Letter - Car is Not Sorned


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Im in Scotland.

 

My insurance ran out and i could not afford to renew it due to unemployment. My car is parked on the street so i kept the road tax on the car and pay it monthly. I now have a letter threatening to fine me from DVLA, because the car is not on the insurance database and my car is not declared sorn. I either need to get insurance or declare it sorn.

 

This is stupid, can they legally enforce this fine?

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Im in Scotland.

 

My insurance ran out and i could not afford to renew it due to unemployment. My car is parked on the street so i kept the road tax on the car and pay it monthly. I now have a letter threatening to fine me from DVLA, because the car is not on the insurance database and my car is not declared sorn. I either need to get insurance or declare it sorn.

 

This is stupid, can they legally enforce this fine?

 

Yes. It is a legal requirement for all taxed vehicles to have Insurance. So you have to SORN and get it off the road.

 

DVLA would seek enforcement using whatever system they use in Scotland, if you did not take action.

 

https://www.gov.uk/vehicle-insurance/uninsured-vehicles

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Road Safety Act (2006) introduced a new offence of being the 'keeper of an uninsured vehicle' - unless that vehicle is subject to a Statutory Off Road Notification (SORN) or is in the process of being transferred to a new keeper by DVLA.

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Ok many thanks guys, most helpful replies. I assumed it was ok as long as it had tax. I will need to think about what i need to do, getting it off the road would probably be the best solution.

 

all the best ;)

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