DVLA / Inter-credit Fine

bosseyed

rev_henry wrote: »

bosseyed - Its not a scam (well it is really but its legitimised by the DVLA, iyswim), but obviously they can't do anything to a car you don't own anymore. Follow Paradigm's advice:

'I would simply send a letter stating that the car was sold to xxxxx on xxxx date & the correctly filled in V5 was posted to them as required by road vehicles (registration & licencing) regulations 2002 & you have therefore fulfilled your legal obligation.

It's up to them to prove it wasn't sent, not for you to prove it was!'

Maybe add that you are therefore in dispute over the debt and they must not attempt further recovery until said dispute is resolved.
I'm so glad to see that at last the autocracy that is the DVLA is starting to be taken down, slowly, by county court judges.

Hmmm, I'm still tempted to simply ignore for now. These random letters that come out of the blue asking for money always feel like scam territory (even if 'legitimately' authorised by the DVLA) and I work under the assumption that to respond is to give the whole affair oxygen to continue. I'll ignore for now I think, if they write again I'll send a strongly worded letter back telling them to back off.

As you and others have said, there doesn't appear to be any legal requirement for me to prove that the change of keeper slip was posted. In my case as I part ex'd the car with Nissan, it was the salesman who filled out the 'sold to motor trader' slip on the V5 - I watched him do it!

Still, not nice tactics by ILI or the DVLA. We'll see what occurs.

rev_henry

bosseyed wrote: »

Hmmm, I'm still tempted to simply ignore for now. These random letters that come out of the blue asking for money always feel like scam territory (even if 'legitimately' authorised by the DVLA) and I work under the assumption that to respond is to give the whole affair oxygen to continue. I'll ignore for now I think, if they write again I'll send a strongly worded letter back telling them to back off.

As you and others have said, there doesn't appear to be any legal requirement for me to prove that the change of keeper slip was posted. In my case as I part ex'd the car with Nissan, it was the salesman who filled out the 'sold to motor trader' slip on the V5 - I watched him do it!

Still, not nice tactics by ILI or the DVLA. We'll see what occurs.

Yeah well I guess there's no harm in ignoring this first letter. At this early stage they'll either send another more strongly worded letter (oooh scary!) or it'll just go away.

Why thank you Paradigm It was you who wrote most of my post though!

Paradigm

rev_henry wrote: »

Why thank you Paradigm It was you who wrote most of my post though!

I thought it looked familiar Mind you this info is all over the web so I probably nicked it off someone else.

This is nearly 12 months old but still valid http://www.thenorthernecho.co.uk/news/4434191.Mallon_s_drive_to_expose_DVLA__con_/

Gloomendoom

If you end up paying, send them a cheque written on an old door.

Paradigm

Another interesting read http://www.bikechatforums.com/viewtopic.php?p=2337728

rev_henry

Gloomendoom wrote: »

If you end up paying, send them a cheque written on an old door.

Someone else has been reading bitterwallet recently then.

Gloomendoom

rev_henry wrote: »

Someone else has been reading bitterwallet recently then.

I can't remember where I read it, but it was inspired by a chap that paid an incorrect BT bill with an A4 cardboard cheque. They couldn't/wouldn't cash it so he offered to send them another one if they paid him a £25 administration fee, this time in plywood,

rev_henry

Gloomendoom wrote: »

I can't remember where I read it, but it was inspired by a chap that paid an incorrect BT bill with an A4 cardboard cheque. They couldn't/wouldn't cash it so he offered to send them another one if they paid him a £25 administration fee, this time in plywood,

Haha. I thought you were referring to this: http://www.bitterwallet.com/10-ways-to-!!!!-off-your-bank/3442

bosseyed

Well a second letter arrive today, so ignoring for a first time didn't work

What do we reckon then?

a) Ignore again. Maybe they'll assume I've moved and leave me alone or something

b) Send them this letter:

Dear Sir / Madam

Your ref: Case No
Ref Vehicle Registration

Further to your letter dated 8th June 2010 I was no longer the registered keeper of the above vehicle on 01/08/2009. The vehicle was part exchanged at a Nissan Dealership on 31/07/2009 and ownership passed to them on that date.

The ‘new keeper’ slip in the V5 registration document was filled out and posted as required by the road vehicles (registration & licensing) regulations 2002. You can therefore consider the legal obligation to inform the DVLA of a change of registered keeper fulfilled. You will of course be aware that there is no legal obligation on me to prove that the DVLA have received this document and I expect no further correspondence from yourselves on this matter.

Yours faithfully,

Paradigm

Looks good.
You could also include this little nugget from the Interpretations act 1978 section 7

References to service by post.
Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

I'm sure you can squeeze it in somewhere or just reference the above act in your letter...the DVLA know it off by heart by now