Urgent Help re: summons to court for not having road tax for a car she didn't own!

LUCY_3-2

I have a friend who has received a letter from a debt collection agency out of the blue today. Apparently she will be summoned to court for not taxing her car.

1. This is the first she has heard of it. There has been no previous correspondence from DVLA about this issue

2. She did not own the car at the time it was untaxed (she has sold it and has proof of this and that she changed the ownership of the car with DVLA)

The debt collectors say that she should have followed up her letter to DVLA about the change of ownership to check they had received it so the blame still lays with her. She has told me the DVLA now won't discuss it with her.

She's distraught because she has a 6 month old baby and a trip to court could ruin her career.

What are the options here please?

Can she have the original fine reversed and re-issued somehow as she never received the original fine (I know this is possible with traffic offences via Northampton County Court).

Thanks in advance....

DaveF327

LUCY wrote: »

from a debt collection agency ... she will be summoned to court

Since when do debt collection companies issue summonses? Re-reading the letter, does it imply and threaten court proceedings without actually being a summons? Does it have an official court stamp?

(she has sold it and has proof of this and that she changed the ownership of the car with DVLA)

There's her defence. She needs to keep that to show in court to prove she's not guilty.

She has told me the DVLA now won't discuss it with her.

Sounds fishy, but it can be difficult to get your way on the telephone to a call centre monkey. Write a letter demanding your personal data, including previous car keeper records with start and end dates. You have a statutory right to see this.

a trip to court could ruin her career.

Nonsense - unless she's found guilty. In fact, if she has solid written evidence in her favour, she should look forward to her day in court with her head held high - I know I would.

TrickyWicky

LUCY wrote: »

The debt collectors say that she should have followed up her letter to DVLA about the change of ownership to check they had received it so the blame still lays with her. She has told me the DVLA now won't discuss it with her.

Theiving !!!!!! will say anything to try and part you with some cash. This is gibberish.

There is no statutory obligation for you to follow up anything with the DVLA once you have notified them. Notifying them is classed as having posted the documents - even if they didn't arrive there. They have a legal duty to prove you didn't post them and as they can't.. well you see what I'm getting at. The DVLA like to pretend that they have a legal right to force you to chase them up but they do not. They have no such power to insist on this at all.

You may find the following a good read:
http://www.volkszone.com/VZi/showthread.php?t=631542&highlight=dvla

LUCY_3-2

I was also thinking the same...go to court and prove them wrong and make them look like idiots.

I've not seen the letter but she said it was from bailiffs. Just waiting for her to reply with further info.

I'm guessing now the DVLA have sold the debt on they dont want to have anything to do with it...this is what the council were like with a traffic offence of my partners before...they wouldn't help so we had to go via county court to sort it out. I will tell her your advice re asking for her info tho.

LUCY_3-2

And year TrickyWicky bailiffs often do lie don't they. I've told her that but its quite scary for her right now as she's only just received the letter and its all a bit overwhelming x

shaun_from_Africa

The debt collectors say that she should have followed up her letter to DVLA about the change of ownership to check they had received it so the blame still lays with her.

There is no legal requirement to do anything apart from informing the DVLA of change of ownership.
Once the change of ownership paperwork has been posted to them, the duties of the seller have been fulfiled and even if the DVLA state that the letter was not received, the onus is on them to prove that it was not posted and it's not for the seller to prove that is was.

Kiran

Send both the collection agency and the DVLA a letter showing the evidence, state at the bottom that you consider the matter closed and will enter into no further correspondence regarding this matter and also if they persit in there course of action you will prosecute them for harrasment. Also, further to this you will be bringing counter action suit against them for harrasment as well as costs for your time involved in dealing with the matter. Always worth suggesting trauma and mental anguish caused by the jobsworths.

HTH

TrickyWicky

They're more like debt collectors not bailiffs (though DCs will often try to muddle this for their convenience).

I personally wouldn't worry about it.

LUCY_3-2

Thanks all. I didn't realise there was a difference between bailiffs/ debt collectors but yes I suspect they are a debt collection agency now thinking about it. Just sending out letters and hoping to scare people into paying for all sorts.

I like Kiran's idea. I would probably do that for my own piece of mind if there is no other legal way to get them to shut up!

Kiran

Oh one other thing, as with tv licensing if your friend is concerned that they will turn up at at her house when she writes to them tell them you are removing any "implied right to access her property" They therefore can't set foot over her boundary line without a warrant and a police officer to escort them.

Kiran

Debt collectors = goons and bullies with no legal backing

Baliffs= court appointed collectors (sometimes also goons and bullies)