DVLA / Intercredit woes! They've replied to my first letter

lunaticrik

Hi all

Ive done a search on here, via google etc but cannot find the answers I'm looking for! Basically I received some lovely letters from "Inter-Credit International" stating that I did not declare a car as SORN and they are demanding an £80 fine.

You know the ones.

I followed the marvellous advice on here, mainly in this topic --> topic number: 1664045 (wont allow me to post link as I am a new user!)I sent them a letter regarding me disputing the penalty "debt" as I have fulfilled my legal obligation to let DVLA know that I no longer own the vehicle, and it is not my problem they did not recieve the relevant documentation.

After sending it, about a week later I recieve a splendid letter which reads like this;

Debt Recovery Notice

Dear Mr Ramsbottom (that's not my real name!)

RE: £80.00 Outstanding to our client DVLA
Vehicle Registration Number - P*** *** - Rover 820 SLI

Thank you for your communication in relation to the above.

Please note that the information provided does not constitute your release from this fine imposed in accordance with Section 7A of the Vehicle Excise and Registration Act 1994.

Please be aware that you are (or you may be) also contravening Section 31A of the Vehicle Excise and Registration Act 1994 (or of the Act), which commands a minimum fine of £1,000.00 if convicted. We must therfore demand immediate payment.

To pay by credit card....... etc etc

Please ensure your case number is quoted with all payments.

Yours sicnerely,

Enforcement Officer

If you need to see a copy of my letter, this is what I sent

18 December 2010

Mr Ramsbottom
xx
xx
xx
xx

Inter-Credit International Ltd
2nd Floor, South Point House
321 Chase Road
Southgate, London
N14 6JT

Dear Sir / Madam

Your ref: 2999999
Ref: PXXXXXX – Rover 820 SLI

Further to your letter dated 13th December 2010 I was no longer the registered keeper of the above vehicle on 01/03/2010. The vehicle was sold to a private seller on 27/03/2009 and ownership passed to them on that date.

The relevant section of the V5 registration document was filled out and posted as required by the road vehicles (registration & licensing) regulations 2002. I have enclosed further information regarding this and other legal points I have followed with this letter for your reference.

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,

Ricardo Ramsbottom

enc.

<page 2>

The Road Vehicles (Registration and Licensing) Regulations 2002

“Change of keeper: registration document issued in Great Britain on or after 24th March 1997 and the new keeper not a vehicle trader
22. (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.”


Interpretation Act 1978

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.”

So my question.. what shall I do?

Thanks for any help, and keep up the good work on this site.

rev_henry

IMO you're exactly right in what you said to them. They've just stonewalled you in reply. I'd just reply saying 'I refer you to my letter dated x on this matter, and expect this to be the end of it.' It won't be the end of it though unfortunately...

atrixblue.-MFR-.

every correspondece you receive keep. and then write back recorded delivery re-iterating your first response.

they will persue probably hound you to death with threats, and may go into court. if thats the case just stick to your guns.

sirmarcus

Escalate to Simon Tse, DVLA Chief Executive, via sending him an email to [EMAIL="simon.tse&#64;dvla.gsi.gov.uk"]simon.tse@dvla.gsi.gov.uk[/EMAIL].

Suggest that you attach all copies of your letters with DVLA to your em and request him to personally ensure that your case is closed and to provide you with written confirmation.

Good luck and hope this helps.

Wig

This is Inter Credit you are writing to (you should send the interpretations act letter to the DVLA), so AFAIUI You just send Inter Credit a letter saying:

This debt is in dispute, I refuse to pay, please refer the claim back to the debtee, any further correspondence from yourselves -except an acknowledegment/actioning of this letter- will be considered harrassment and an attempt to obtain money by menaces and may be referred to the police/trading standards.

Someone else more versed in debt recovery laws should be able to improve on that but that's essentially it AFAIK. The blue part is optional - not sure about that.


The OP means this thread
https://forums.moneysavingexpert.com/discussion/1664045
BTW post 45 tells you that you could choose to do nothing and ignore it in the hope that they will eventually go away. However if you want a response from DVLA in writing that they are dropping it then perhaps you could read this thread. Amounts to the same thing really but there is a little bit extra in there on the regulations, if you look for it in the last post.
https://forums.moneysavingexpert.com/discussion/2957184

BTW did you contact the new keeper to ask if they had any problems recievng the new V5? If they recieved the new V5 without having to ask DVLA for it that proves that the DVLA did recieve your V5 notice. (you could ask the new keeper to write a statement to that effect to the court). If the new keeper had to chase the DVLA for a new V5 then legally the DVLA should have written to you to ask your permission to relinquish the keepership to another person who was asking for it...... I take it this didn't happen?

Paradigm

Good advice from Wig

Send the letter disputing the debt to Intercredit & also send a copy of your letter (Road vehicles licensing act thingy) to the DVLA advising them that you have complied with the law, you deny any debt & to call off the hounds... or words to that effect.

Hammyman

You need to find the names of the relevant cases that DVLA lost in court and send a letter stating that based on the case of Mr.X vs DVLA in 200x which DVLA lost, you have fulfilled your statutory requirement and that you'd be quite happy to have your day in court and embarrass them once again.

Paradigm

Hammyman wrote: »

You need to find the names of the relevant cases that DVLA lost in court and send a letter stating that based on the case of Mr.X vs DVLA in 200x which DVLA lost, you have fulfilled your statutory requirement and that you'd be quite happy to have your day in court and embarrass them once again.

There's no harm in citing these but Inter-credit/DVLA use the civil (small claims?) court to process these cases & therefore any ruling doesn't set a precedent... although I'm happy to be proved wrong as it would be a cast iron defence!

rev_henry

Paradigm wrote: »

There's no harm in citing these but Inter-credit/DVLA use the civil (small claims?) court to process these cases & therefore any ruling doesn't set a precedent... although I'm happy to be proved wrong as it would be a cast iron defence!

Doesn't set a precedent but provides pretty good evidence that they'll lose if the case is identical.

ROY47

http://www.theregister.co.uk/2010/05/03/dvla_court/

lunaticrik

Hi to everyone who has replied - thank you very much! Great advice.

Wig wrote: »

This is Inter Credit you are writing to (you should send the interpretations act letter to the DVLA), so AFAIUI You just send Inter Credit a letter saying:

Someone else more versed in debt recovery laws should be able to improve on that but that's essentially it AFAIK. The blue part is optional - not sure about that.


The OP means this thread

BTW post 45 tells you that you could choose to do nothing and ignore it in the hope that they will eventually go away. However if you want a response from DVLA in writing that they are dropping it then perhaps you could read this thread. Amounts to the same thing really but there is a little bit extra in there on the regulations, if you look for it in the last post.
BTW did you contact the new keeper to ask if they had any problems recievng the new V5? If they recieved the new V5 without having to ask DVLA for it that proves that the DVLA did recieve your V5 notice. (you could ask the new keeper to write a statement to that effect to the court). If the new keeper had to chase the DVLA for a new V5 then legally the DVLA should have written to you to ask your permission to relinquish the keepership to another person who was asking for it...... I take it this didn't happen?

Im afraid I do not have the new owners details, and I moved house shortly after selling the car, so if they tried contacting me I wouldn't have known. The car was sold as spares or repair and, although the car ran, I very much doubt they used it for anything other than parts.




I will send the debt dispute leter to inter-credit and then contact the DVLA as suggested. Thanks for all of your advice, I will keep you up to date in the hope of helping others.

Regards,