DVLA / Inter-credit Fine

caveman774

i have recived these letters from intercredit re a car that was scrapped in 2008 and the log book sent off as required , i have since moved house so the dvla have used inter credit to find me to impose the £80 fine . i have rung the ici and told them that i am in dispute with the DVLA about the fine and that there is no "account" with them that they keep talking about - having never been contacted by the DVLA previously . i aksed that they put the court action "on hold" untill the dvla has looked at the case and they said that they wouldnt and as i had contacted them they could now "take the next step " of taking me to court??? am i able to ask for a delay legally so that the matter can be looked into by the DVLA or am i stuffed ? - i have also just had a solictors letter from inter credit saying that they are looking to take me to court from P W MOODY ? is this normal?

merryck

There is a post on an earlier page regarding court action.

Something along the lines of this debt is disputed.

Have a look for it, I read it a minute ago, I'm also getting these damned letters.

Paradigm

caveman774 wrote: »

i have recived these letters from intercredit re a car that was scrapped in 2008 and the log book sent off as required , i have since moved house so the dvla have used inter credit to find me to impose the £80 fine . i have rung the ici and told them that i am in dispute with the DVLA about the fine and that there is no "account" with them that they keep talking about - having never been contacted by the DVLA previously . i aksed that they put the court action "on hold" untill the dvla has looked at the case and they said that they wouldnt and as i had contacted them they could now "take the next step " of taking me to court??? am i able to ask for a delay legally so that the matter can be looked into by the DVLA or am i stuffed ? - i have also just had a solictors letter from inter credit saying that they are looking to take me to court from P W MOODY ? is this normal?

Ok send a letter to both ICI & DVLA stating that you sent the V5 by post as required here... http://www.legislation.gov.uk/uksi/2002/2742/made/data.pdf .....for vehicles regged before March 24th 1997

21.—(1) This regulation applies where the current registration document for a vehicle was issued in Great Britain before 24th March 1997 and a change in the keeper of the vehicle occurs.

(2) The registered keeper

(a)if the registration document is in his possession, shall deliver that part of it which relates to a change of keeper to the new keeper; and

(b)shall forthwith deliver to the Secretary of State, on that part of the registration document which relates to the notification of transfer (or otherwise in writing), the following information—

(i)notification of the change of keeper;

(ii)the date on which the vehicle was sold or transferred to the new keeper;

(iii)the name and address of the new keeper;

(iv)the registration mark of the vehicle; and

(v)the make, model and colour of the vehicle.

For vehicles regged after March 1997....

Change of keeper: registration document issued in Great Britain on or after 24th March 1997 and the new keeper not a vehicle trader


22.—(1) This regulation applies where—

(a)there is a change in the keeper of a vehicle;

(b)a vehicle registration document has been issued in respect of the vehicle in Great Britain on or after 24th March 1997; and

(c)the new keeper is not a vehicle trader.

(2) The registered keeper of the vehicle—

(a)if the registration document issued in respect of the vehicle is in his possession, shall deliver to the new keeper that part of the document marked as the part which is to be given to the new keeper; and

(b)shall forthwith deliver the remainder of the registration document to the Secretary of State, duly completed to include the following—

(i)the name and address of the new keeper;

(ii)the date on which the vehicle was sold or transferred to the new keeper;

(iii)a declaration signed by the registered keeper that the details given in accordance with paragraph (i) are correct to the best of his knowledge and that the details given in accordance with paragraph (ii) are correct; and

(iv)a declaration signed by the new keeper that the details given in accordance with paragraphs (i) and (ii) are correct.

Include this from here http://www.legislation.gov.uk/ukpga/1978/30/enacted section 7 which states...

7References 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.

Therefore you have fulfilled your obligations as required by law &, because of the above, you dispute any debt owing the DVLA & you require the matter referred back to them!

Also include that you are willing to attend court & swear under oath that you posted the V5... it is up to the DVLA to prove you didn't post it, not for you to prove you did... they are experts at "losing" post!

Word the letter assertively, you have followed the law.... don't go OTT

robeson

On a different aspect > have any of you found the attitude of the Inter-Credit people (on the phone) as rude and in an unhelpful, aggressive tone. ? I have.

mrathb

i previously have gotten repeated letters from inter credit for the dvla crap they are spewing.
when i got the letter i tried to contact dvla about the letters but didnt get anywhere at all
so i contacted the buyer of the scooter which i sold last october and i have proof of selling it on ebay feedback
also the guy states that he also got it taxed in his name and after he sold it the latest person to own the bike have just got tax for it and he has given me the address of the people who now own it so if they send me to court i will just prove idont have the scooter and see how it goes from there but i am not paying £80 out to some faggots who think they are the law

Rover_Driver

mrathb wrote: »

i previously have gotten repeated letters from inter credit for the dvla crap they are spewing.
when i got the letter i tried to contact dvla about the letters but didnt get anywhere at all
so i contacted the buyer of the scooter which i sold last october and i have proof of selling it on ebay feedback
also the guy states that he also got it taxed in his name and after he sold it the latest person to own the bike have just got tax for it and he has given me the address of the people who now own it so if they send me to court i will just prove idont have the scooter and see how it goes from there but i am not paying £80 out to some faggots who think they are the law

DVLA are not disputing that you sold the scooter.
It depends on what they are claiming, either you didn't notify them that you had sold it, or it wasn't taxed while you were still the registered keeper.

mrathb

they are claiming that i didnt send off my log book when i did hence it was able to be registered to different people and if dvla had just put the bike details into there computer they would see that i dont own the bike and it hasnt been registered to me for a year now its have to other owners

Rover_Driver

mrathb wrote: »

they are claiming that i didnt send off my log book when i did hence it was able to be registered to different people and if dvla had just put the bike details into there computer they would see that i dont own the bike and it hasnt been registered to me for a year now its have to other owners

DVLA know that you are no longer the registered keeper, what they are claiming is that you did not notify them at the time that you sold it, when you were the registered keeper.

crazybear67

yarpsnehpets wrote: »

I’ve also had a similar letter over the weekend from Inter-Credit International Ltd (ICIL). They are demanding that I pay them £80.00 immediately.

I do actually have a good deal of legal knowledge and experience and I have already noticed a good number of potential errors in the DVLA / ICIL procedures which could leave them in a potential no win situation.

The ICIL letter which I have in front of me is clearly marked, “Debt Recovery Notice”. Technically I believe this to be incorrect since I am not sure that any ‘debt’ actually exists yet since there has been no court case regarding my alleged failure to procure a SORN. Unbelievably the ICIL letter goes onto state that the DVLA might be about to take action against me but, if I send them an £80 out of court settlement, they (the DVLA) will drop the case. It therefore appears that ICIL are attempting to force me to make the out of court settlement on the grounds that the potential £80 fine is already a debt. This of course cannot be the case ; the out of court settlement of £80 is purely ‘an offer’ in legal terms. An offer is not enforceable unless they can show that I ‘accepted’ that offer which is not the case.
Therefore, if ICIL took this matter to court, you could defend yourself by simply claiming that you were exercising your right in not accepting their offer of an out of court settlement. There is no obligation for you to settle out of court. If you do not accept the £80 offer to settle then it is not a debt. Legally speaking I would suggest that they have acted incorrectly in calling their letter a “debt recovery notice” and as such a recipient might have cause to claim that he or she was being harassed or mislead in some way.

In my particular case I sent my SORN declaration to the DVLA by post as soon as I received the reminder for it. Initially I tried to do it online but I got a notice along the lines of, “We are unable to process your request at the moment.” About three months later I received a notice from the DVLA demanding that I pay £80 (£40 if I paid quickly) to avoid legal action.

In my opinion the DVLA are also exceeding their powers. In each case each person has the right to a fair and impartial hearing. That is statute law. The DVLA appears to breach this right via its use of its bullying tactics both through the way it deals with cases and how it portrays the law via the various methods of media which is uses from time to time. For example, in one advert the DVLA claims that, “we only have to look on our computer” – the suggestion being that they no longer have to detect if a crime is being committed (in terms of excise duty evasion). What they are trying to paint is a picture where they don’t need ‘evidence’ in order to convict. This is of course nonsense – a tax collectors utopia which would never stand a chance of flying if challenged in a high enough court.

What I also find misleading is how the DVLA word certain documents. When they send paperwork they write about ‘out of court settlements’ yet when you speak with them on the phone they say that you have been charged a ‘penalty’. It’s hard, from a legal perspective, to know exactly what the DVLA are claiming. In letters they say things like, “you maybe contravening Section ABC of the XYZ Act” but they never specify that you are. Instead they only appear interested in collecting your hard earned cash and describing the methods that you can use to pay in order to “prevent further legal action.”
As one of my mates (legally trained) says, it makes you think that they are scared to let some of these cases go to court for fear of a decision going against them. There is a massive risk for the DVLA on this since it would only take one person to pursue them on the basis of breach of statute rights (or breach of human rights) – if that person won then potentially the DVLA could be looking at having to refund every SORN fine it’s ever issued.

For the moment I am basically ignoring them. I’m more interested about this than worried. ICIL are just piddling into the wind sending me letters like the one they sent at the weekend. I’m going to enjoy reading the wording if they try to serve a summons. Of course in that instance it’s just best to save you evidence and arguments for the courts. Don’t give them a sniff of your defence in advance. It’s always the best way to get them tied in knots!

Good luck,
Yarps.

very interesting, i have recently had letters from icl so i rang them and explained i scrapped my car 18minths ago through a registered scrap metal merchant but they insisted im still liable. after reading there letters very carefully i have emailed them again stating nor they or the dvla have the power to issue a fine as it states in the letter also it isnt a debt as there is no proof i owe anything. after reading dvla website it clearly states that a registered eco scrap dealers is responsible for informing dvla they have bought the car which in this case they have failed to do so, so i have emailed icl again tlling them all this and not to contact me again unless its a date for a court summons as i wish to fight them on this and should i win i will go public so other people know not to just pay and that il be invoicing them for loss of earnigs,lol i will let you all know what happens.

paulaf_2

i have a similar problem except the dvla were the ones responsible for removing and crushing my husbands car, we paid the fines and had to sign everything there and then for them to remove the car. 1 year 2 months later i get a letter off these debt recovery people saying we are still responsible for the car therefore owe £80.00. i wont be paying it as we still have copies of receipts and forms signed when the took the car in the first place