Late SORN fee/bailiff company

cymrulady

SORN on an unused car was up for renewal in August last year. (Unused since owned died in 2004.) I was late in applying due to pre-occupation with critical health problems with one of my children. Life was simply a nightmare.

Come September found the form, filled it in, with note apologizing for delay, giving reasons. SORN Cert eventually sent to me.

Recently write to me asking for £80.00 fine, imposed back in August and certainly not referred to when they sent me the certificate. Now Philips Bailiffs on my back. Will not stop action.

Obviously I should write to the DVLA, perhaps as stage 1 complaint process but worried about how long this might take as Philips sound (I stupidly rang them today - know everything should be in writing) heavy and very unpleasant. Their communications assume that I haven't declared SORN.

Any advice would be very much appreciated.

Road_Hog

They're not bailiffs unless it has gone to court, they're just pen pushers trying to frighten you.

Can you scan/photocopy the letter, with you details blacked, so we can give you the best advice.

cymrulady

Road Hog - thanks, I'll work out how to do that and try to scan the latest letter

Wig

• You SORNd late and admitted to DVLA you were SORNing late
• DVLA sent you a new SORN letter
• DVLA are supposed to send out a demand for £40 increasing to £80 if not paid within 28days
• If unpaid DVLA pass it on a debt collector
• In your case DVLA seem to have skipped them asking you to pay and have gone straight to the debt collector. However, possibly the DVLA did send a letter demanding £80 which you have ignored.

You could possibly complain to DVLA that you were never given a notice that the supplementary charge of £40 (early payment) was payable within 28days.
The Road Vehicles (Registration and Licensing) Regulations 2002 Regulation 9A
(as ammended by The Road Vehicles (Registration and Licensing)
(Amendment) (No. 3) Regulations 2003)
9A (3) The supplement shall be £80, except when it is paid to the Secretary of State before the expiry of 28 days beginning with the date on which the registered keeper is notified that a supplement may or has become payable, when it shall be £40.

It doesn't specifically say that an offer of £40 MUST be made, but it's worth arguing. Especially as you didn't even get any letter asking for £80 either.....Or did you? On re-reading your post, it seems the DVLA did recently write and ask for an £80 payment which had been left unpaid from an (alleged) earlier request ....that you did not recieve.....(that would be the £40 demand).


DVLA rarely take these cases to court, it is a debt not a fine. You could just ignore all the debt collector's letters, I think the debt collector cannot take you to court (someone confirm?) they just eventually give up and return your file to DVLA.

After 6 years the debt is wiped out.

If within 6 years they take you to court, you could, before court date, settle by paying the debt, maybe £80 maybe more if they are able to add on costs (I don't know).


Basically as I see it, you either pay up now to get rid of them. or you gamble that they will not ever take you to court because they don't take everyone to court for these unpaid debt, but then again.... most people don't write to them and admit that they had forgotten to declare and thus give them the evdence they would need to secure a win in court. Then again... DVLA may not be very good with record keeping and may not realise they had that evidence to take you to court with.

As with any gambling you could win (after 6 years) you could lose.

Complaining to DVLA will be fruitless, they have issued the "fine" now they will never retract it. Although a complaint that they never sent you the £40 offer could be worthwhile.

Quentin

Wig wrote: »

After 6 years the debt is wiped out....

A debt is never "wiped out".

The 6 years is the time allowed to commence proceedings.

But after that a creditor can still chase you (eg. send the boys round!)

Wig

So presumably they can chase you all they want, i.e. send you pleas to pay, to which you can safely ignore. And if they send the boys round you can ask for police attendance if they start to threaten you or steal your property.?

waynedance

Ok easy one, did you forget to declare sorn?

If so pay up or ignore and suffer and further consequences (if any), I understand you had problems around the time but you were responsible for the vehicle.

Quentin

Wig wrote: »

So presumably they can chase you all they want, i.e. send you pleas to pay, to which you can safely ignore. And if they send the boys round you can ask for police attendance if they start to threaten you or steal your property.?

Don't suppose DVLA send the boys round, (though their debt collectors might be good at their job)!

By posting a debt is never wiped out I was correcting the wrong advice you gave that "After 6 years the debt is wiped out". when debts are never wiped out till they are paid!

I suppose it depends to whom you owe money whether or not the boys will come round, but suspect a debtor wouldn't be waiting 6 years to send them round if that was his usual method!

(And "the boys" generally know how to get satisfaction despite the threat of reporting them to the police!)

Wig

Can we both agree that after 6 years, a debt owed to the crown will be impossible to collect if the debtor refuses to pay?

Quentin

Wig wrote: »

Can we both agree that after 6 years, a debt owed to the crown will be impossible to collect if the debtor refuses to pay?

You are wrong.

The six years you refer to is the time allowed for creditors to commence legal action. Once the legal action commences (eg at 5 years, 11 months, 25 days), then the 6 year "rule" has been complied with!

Wig

Ok, can we agree, that once legal action has commenced i.e. been laid before a court you will hear about it from the court very quickly.

Can we therefore agree that if you hear nothing from a court about the debt you allegedly owe to the crown after 6 years and we'll give them another month or two on top of that for the court to contact you, i.e the proceedings have not been commenced within 6 years........ then that debt will be impossible to collect if the debtor refuses to pay?