Daughter being pursued by collection agency

notyetretired

Hi all

Daughter failed to pay £60 to DVLA for not letting them know that she scrapped a car. There were mitigating circumstances (she felt, I forget what) which she told them about several months ago and she had no further correspondence.

For the last few days we have been phoned up (text to voice mail) umpteen times about a debt, mentioning my daughter's first name. I assumed it was clever spam and ignored it, but today an internet search revealed that the number belongs to a bona fide collection service that does work for the public sector, so we assume it is in relation to this debt. There has been no written correspondence, yet.

Daughter is still fed up with DVLA and doesn't feel she should pay. She thinks we should phone up the collection agency and tell them she doesn't live here any more. "Surely I can't be black-listed for £60!", she says.

My response is - well, it's up to you, but at least make sure that you choose what to do on the basis of full knowledge. So my questions are:

Can you be black-listed for that sort of debt?

Once the debt has been passed on to a collection agency, does that mean that any further correspondence with the DVLA is pointless (daughter would still like to try to fight her corner)? Should daughter have been told that the DVLA had passed the debt on to a debt collection agency?

Are we liable in any way as they have our phone number?

Can I phone the collection agency and refuse to tell them my daughter's contact details?

Is it better to ignore it and hope they give up eventually? What would happen next? Is it ever a bad idea to make contact?

Is refusing to pay as a matter of principle (daughter is stubborn!) ever a good idea?

Sorry for the long post, and thanks for any advice you can give

Debt_Free_Chick

notyetretired wrote: »

Can you be black-listed for that sort of debt?

Possibly - although "black-listing" is not a completely accurate terms these days. If she is issued with a default notice and/or CCJ, then they will appear on her credit file.

Once the debt has been passed on to a collection agency, does that mean that any further correspondence with the DVLA is pointless (daughter would still like to try to fight her corner)? Should daughter have been told that the DVLA had passed the debt on to a debt collection agency?

Appeals against the debt should be made to DVLA as - if they agree to stand the debt down - they will inform the collection agency. It makes sense, however, to let the CA know that the debt is being challenged.

Again, it is only common sense to get confirmation from the CA that they are acting on the authority of the DVLA. I suspect that if you or you daughter reads the DVLA small print, it will confirm that a collection agency can/will be appointed to pursue outstanding debts. If so, then "no" you should not have expected to have been told that a CA had been appointed as the original T&Cs will have covered that point. In any event, I don't see that not being informed will change the ultimate position i.e. either that your daughter owes the debt or that it is successfully challenged and the DVLA back down.

Are we liable in any way as they have our phone number?

Either your daughter gave the phone no to DVLA and they've passed it on (and if so, your daughter will have agreed that under data protection act "her details" can be passed on); or the CA has simply done a little investigation and found a number for the right surname at the right address via Directory Enquiries.

Can I phone the collection agency and refuse to tell them my daughter's contact details?

Yes - but see above. Your daughter has almost certainly agreed that "her details" could be passed on and I'll bet they have the details already, passed on by DVLA.

Is it better to ignore it and hope they give up eventually? What would happen next? Is it ever a bad idea to make contact?

Never ignore debts owed to the Government or other "statutory debts" - they have powers way beyond those of non-Government parties.

Your daughter needs to be realistic about her chances of successfully appealing this debt. You say there were mitigating circumstances, but these - alone - may not be sufficient. It really depends on the circumstances. If you want to post them up here, we can tell you what we think her chances of success are. My guess would be "limited".

Is refusing to pay as a matter of principle (daughter is stubborn!) ever a good idea?

Only if there's a very good chance that the debt is not owed. And we don't have enough information to confirm that.

If you post more details, we can be specific - but on the face of it, the debt is owed and should be paid.

rog2

I understand how your daughter feels - it is frustrating, these days, trying to 'deal' with Government Agencies, like DVLA, who, whilst they are allowed to 'make mistakes', allow no flexibility to the General Public who, after all, are paying their wages.
However - as I have found out to my own cost - they are a pretty large organisation, with lots of ways of making our lives uncomfortable, and poorer, at their disposal.
So I echo Debt_Free_Chick's advice -try and talk to DVLA.

notyetretired

Fantastic full response - much appreciated

I read it out to daughter over the phone and she says thanks too. As you suspected, she doesn't have much of a leg to stand on, so has caved in and paid the fine.

I am so delighted to have received some calm, measured, helpful advice in so short a time - thanks so much for giving your time.

That should be the end of the phone calls now. Children, eh?

PS Thanks to rog2 as well.

rog2

notyetretired wrote: »

Are we liable in any way as they have our phone number?

Can I phone the collection agency and refuse to tell them my daughter's contact details?

Just to add that:

1. You are not liable, in any way, for any debt, genuine or otherwise, that is not in your name. Nor do you have any obligation to pass on your daughter's contact details to that agency.
2. Personally, I would not recommend that you phone a Debt Colletion Agency - they are 'experts' at twisting your words in order to 'convinc' you that you may have some liabilty for this 'debt'. All they are interested in is collecting money and, quite frankly, they won't give a monkey's as to whether it comes from your daughter or you.

I, for what it's worth, would be just as 'stubborn' as your daughter, however, as I have learnt, when dealing with the Civil/Public Service, it is often better, if she can afford it, to pay what they are asking and to appeal against the 'penalty' afterwards.

Good luck.