DVLA / Inter-Credit International Fine

Stroma

Thats rubbish, it's not up to you prove that you don't owe money, it's down to the creditor to prove that a debt is owed. This comes straight from the oft that covers this kind of matter. By asking for proof of the debt and letters sent is something the dca should have in their possession.

In all cases they must provide proof. I had a dca chasing me for vat for years even though I could prove it wasn't due, I basically told them to send it back to hmrc and they did. It makes no difference who the debtor is, if its in dispute it must follow the guidelines.

Stroma

Rover_Driver wrote: »

The debt is due because the OP was late taking out the licence.
s.7A V.E.R.A. 1994 creates the debt, unlike the Protection of Freedoms Act which debt collectors (try to) use to enforce their own alleged debts.

That is what the dca is saying, but the OP should have proof of this, if it hasn't been provided he is entitled to have the proof. Just because its the dvla it doesn't mean that it should be paid without the proof that its owed. It's not down to him to prove he doesn't owe money it's down to the dvla that he does.

Guys_Dad

The DVLA will almost certainly take this to court. Anyone dispute this?

They will ask OP to show proof of payment. OP paid in October for July tax, or have I misread?

The debt collectors are NOT scammers but bona fide and are offering OP a way to avoid going to magistrates court where anything could result.

OPs choice as to which route to go.

Rover_Driver

They don't have to 'prove' a debt, you either accept that you owe the money, or not.

The OP was told in the letter why they consider he owes the Late Licensing Penalty (s.7A V.E.R.A) if it is not paid, the debt collectors pass the matter back to the DVLA to take further action, which can end up in County Court.

Stroma

You are missing the point, it's been passed to a dca, they have been asked to prove the debt, perhaps you missed the post about them having to comply with the law and guidelines set out by the oft ?

The OP is asking a very simple question, one by law he is entitled to ask

Rover_Driver

Stroma wrote: »

You are missing the point, it's been passed to a dca, they have been asked to prove the debt, perhaps you missed the post about them having to comply with the law and guidelines set out by the oft ?

There is nothing to prove, it's all in the letter.The DVLA are considering a court claim, (s.7A V.E.R.A.) if the OP accepts that he owes the penalty and wants to avoid a court case, he must pay the out of court settlement offer. If he doesn't accept that he owes the penalty and does nothing, it is then up to the DVLA to take further action in the County Court.

japmis

The thing that annoys me most is that I have never received any correspondence from the DVLA re: a fine or penalty. Very frustrated that they won't talk to me now that it's gone to a DCA. 4 months after last contact with the DVLA and then suddenly this letter out of the blue! Also, they didn't mention this fine to me when I was on the phone to them in October whilst paying for my tax. If they had, I would've paid right there and then. Frustrating and annoying. :mad:

spacey2012

Guys_Dad wrote: »

The DVLA will almost certainly take this to court. Anyone dispute this?

They have a reputation for not turning up, or throwing the towel in when asked to produce evidence.
The DCA looks a new spin on it after they embarrassingly failed to win the cases they brought.

Rover_Driver

spacey2012 wrote: »

They have a reputation for not turning up, or throwing the towel in when asked to produce evidence.
The DCA looks a new spin on it after they embarrassingly failed to win the cases they brought.

DVLA are known to discontinue matters in the Magistrates Court due to lack of evidence, but the Late Licensing Penalty is a County Court matter - the evidence is if a licence is taken out in time or not, details produced from their records.
The offer of an out of court settlement by a DCA prior to a court case is their usual approach.

Stroma

Rover_Driver wrote: »

There is nothing to prove, it's all in the letter.The DVLA are considering a court claim, (s.7A V.E.R.A.) if the OP accepts that he owes the penalty and wants to avoid a court case, he must pay the out of court settlement offer. If he doesn't accept that he owes the penalty and does nothing, it is then up to the DVLA to take further action in the County Court.

You are still missing the point, the dvla hasn't contacted the OP at all, so though the law is there, they haven't contacted him because they were writing to the wrong address. And it still goes back to the dca having to prove the debt. You don't appear to know that the dca must on demand by the debtor prove the debt. It's a legal requirement it's that simple.