Court summons. 1st time, advice needed!

zappafan_2

Hi guys, I wasn't sure where to put this so I put it here. Its not related to debt neccessarily (although it is connected).

I bought a 2nd hand car last November, which the seller had already used as security on a loan for one of those 'Logbook loans' type of companies. He had already defaulted on his payments & the car was then owned by them so he was in no place to sell it. I didnt know this of course & was happy with my purchase. The tax expired a month later & when I went to renew it, the post office wouldnt accept the small portion of the logbook that he gave me (he told me he'd lost the rest of it - well, we know now where it was dont we!) - he'd purposely filled out the new keeper part wrongly. I called the DVLA about it & they said not to worry, it was probably an innocent mistake & they would issue me with a new logbook. There was then a delay in getting my logbook as there was a problem with the DVLA's 'system' so it took ages to arrive. By this point I was getting pretty desperate as I needed the car to get to job interviews (I had recently been made unemployed, thanks reccession) & I live in a rural area that the post office wont delivery post to. I called the DVLA & explained that in order to collect my logbook, I would have to travel by car to the post depo across town in order to then purchase tax. They assured me that a note had been made on the 'system' of my circumstances & they assured me that should I get stopped on that 1 occasion, that they would not issue a penalty. Well guess what...I got stopped.

I was issued with an £80 fine & the DVLA then denied all knowledge of our previous phonecall & said there was nothing on their system about the conversation. As I was recently unemployed & had had to have saved money for the new car & of course, the impending tax, £80 was completely unaffordable for me. I explained this & they gave me an extended period. During this time, the logbook loans baliffs turned up at our house with a warrant to collect the car (this was the 1st we knew about them) & we had to pay them £450 to keep the car. This left me absolutely penniless & I was unable to pay the £80. I have now been issued a court summons from the DVLA & if i am found guilty of driving without tax (which I will be), I will be fined £1000.

I am absolutely terrified about this, I cant even begin to imagine how I would pay it & it will leave me (with being dramatic) desperate. Since losing my job, I have been working day & night to try & get things back to together & this will just ruin me. I havent told anybody about it as I dont want my partner to know.

Can anyone offer any advice at all about what I should do? I have never been to court before & I know nothing about the law or the proceedures.

Sorry for the really long message but I didnt know what information was relevant.

Thanks again guys for all of your continued advice & support

James

10past6

Do you have any insurance (home / contents / car / breakdown) that offer legal advice / representation (most policies include it) check all your policies.

If included, may I suggest you use the offer under any insurance policy before we give you specific advice.

zappafan_2

Hmmm, I'll check now. The only insurance Ive got is Car insurance. Would they give me advice on an issue not related to my policy?

Thanks 10past!

zappafan_2

Hi 10past6, nah it doesnt look as if I can legal advice from Direct Line. They seem to offer it for business accounts but not for personal.

I have spoken to the courts & they have informed me that the DVLA could withdraw the summons if they wanted to, however, the DVLA arent having any of it. Ive called them a few times, pretty much begging them to just let me pay them in full over the phone by card & I have told them what the courts have said about them being able to withdraw but they keep saying that there's nothing more they can do, 'these are the rules' etc etc. So my last ditch attempt has been to send them a letter, pretty much begging them to withdraw the case. I have got the funds available & am able to pay right now but they dont seem interested. If it goes to court, I will definately be found guilty & will be landed with a fine of over £1000 which will completely ruin me as it will mean having to give every last penny ive got from every possible source. I haven't yet received a reply to my letter.

Any ideas on this? I'm completely out of my depth with this.

Many, many thanks in advance, I hope all's good with you!

James

Happytogetdebtfree

I'm sorry I have no advice, now as regards to the car the person that sold you it I mean it's awful really but I don't understand how the log book loan company can make you pay someone elses debt? As regrds to the tax well I know how harsh the system probably Is and they may say why didn't you ask someone else to drive you etc I don't know how it would stand I wish you all the best

zappafan_2

Thanks Happy, yeah this car has been a nightmare from day 1 to be honest, its sitting on the drive now rusting away because I cant afford to have the gasket that its just blown, replaced.

I've pleaded with the DVLA again & they're not having any of it so I'm just gonna have to plead guilty to the offence & hope they dont fine me too harshly!

With regards to that - does anyone know what kind of fine the court will give me for this? Will I be able to pay in installments & what will having a court judgement against me do for my credit & employment opportunities etc?

Thanks again all, I hope you're all well!!

J

zappafan_2

Ok guys, I'm just doing the paperwork for the courts now - Ive got to send in a guilty or not guilty plea & also fill in a financial breakdown.

I'm assuming that I have to plea guilty but will they then land me with a massive penalty?

Hope someone knows a bit more than I do about all this!

Thanks again guys

James