Inter-Credit say the DVLA are preparing a claim against me?! CONFUSED!!

maninthestreet

"Fuel Type Heavy Oil"

What is it - a tank?

sachaX

I went to his house to get the car so know his address is true, the phone number was valid.

maninthestreet = yeh pretty much! Its a pug306 diesel M Reg, was a heap hence p/x for £100!!

sachaX

Coupon-mad - thx 4 that link.. thats pretty positive!!

Coblcris

Ask the purchaser to make a sworn statement that he did purchase that vehicle on that day.
I would have it witnessed by a solciitor or notary.

sachaX

i'll write to the dvla and see what happens n if it happens i will

sachaX

Hi guys

Ive written to the DVLA and spoken to Inter credit.
Both parties say that when I signed the bit of the logbook u send off when u sell a car you are signing to say u will chase up the acknowledgement letter if its not with me within a certain time frame and quoted some Act and legislation thingy Ive gone against...

Ive said Im not paying it take me to court. Inter credit have continued to hound me with phone calls and the same letter every few days threatening court action. Now ive had a solicitors letter from them..

Im scared.. should I cough up the £80???

I contacted the guy who brought the car and asked him why he hadn't taxed until a year later, or chased the log book. He said to just supply them with his details, which I'd already given the DVLa, but been told pretty much my explanation was not going to get me out of it

Coblcris

"some Act and legislation thingy"

More specificity is required I am afraid.

There is a possible defense against DVLA claims such as this that has not been attempted in court as far as I am aware though I admit that I have not.expended much effort looking.
It relates to the V62 document and what that document actually is.
I doubt that the DVLA would want that to be examined in detail in a fair and equitable court. Hence it would be an expensive defense to run as much weight would be brought to bear against it due the consequences of the nature of the V62 being revealed in public - something the authorities would do anything to prevent.

Johnna_2

Hmm owner, keeper, user, owner of car details...

d123

maninthestreet wrote: »

"Fuel Type Heavy Oil"

What is it - a tank?

no, just means it's a diesel....

Paradigm

sachaX wrote: »

Hi guys

Ive written to the DVLA and spoken to Inter credit.
Both parties say that when I signed the bit of the logbook u send off when u sell a car you are signing to say u will chase up the acknowledgement letter if its not with me within a certain time frame and quoted some Act and legislation thingy Ive gone against...

Ive said Im not paying it take me to court. Inter credit have continued to hound me with phone calls and the same letter every few days threatening court action. Now ive had a solicitors letter from them..

Im scared.. should I cough up the £80???

No don't pay them!!

Write back to the DVLA stating that by posting the V5 you have fulfilled your legal obligation under the act referenced below to inform them of the change of keeper. Also that by sending the V5 by 1st class post it is deemed to have been served. Quote the Interpretation act 1978 which says...

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.

Explain that you are willing to swear on oath in court that you did post the V5!

Also ask them to provide you with details of the act/statute requiring you to chase up any acknowlegdement letter, as far as I can see there is no legal requirement for you to do so or even any requirement for them to send an acknowledgement.
(REF: road vehicles (registration & licencing) regulations 2002)