Invalid Car Tax for 6 months, possible fraud?

Metalhawk

I purchased a vehicle from a private seller on 26th September 2014. The vehicle was sold with a tax disc, and I even checked online at the time and the DVLA website said that it was taxed until 28th February 2015 (tomorrow).

I had not received a tax renewal reminder through the post, but assumed this was just due to the system having changed last October.

Today, when I checked online, DVLA listed my vehicle as untaxed as of 1st September 2014! I immediately rang the DVLA up and they basically told me that they can't tell me why due to data protection laws. So it must have been something that someone other that me has done.

The DVLA also said that I must pay all of the tax backdated to the beginning of September.

Is it possible that the seller declared SORN and applied for a tax disc refund without sending the disc back on or after the date that I purchased the vehicle? Afterall, the DVLA still had it showing as taxed on the purchase date. But then they wouldn't have been able to claim back September 2014.

Im so confused. Clearly some sort of fraud has been committed by someone if I have a tax disc and the DVLA say I don't. I assumed that having checked the validity of the tax online on purchase day it would continue to be ok, but i don't understand how it has changed.

I've not had any fines or reminders to tax.

The V5 is in my name, and has been for over 5 months now.

Does anyone have any experience of this?

What happens if I just tax from March 1st 2015 onwards, will I be chased for the back payments?

Any help or advice greatly appreciated.

Marktheshark

Honesty time !
Was this back dated log book "try it on" sale.
It was touted at the time as "the thing to do" back date the Log book (vc5) and thus keep the tax.
It did not work as any VC5 received later than 4th of October 2014 had the Tax refunded to the previous keeper, they appear to have allowed three days for postage and one to post and thats it.
I am not saying it was part of the "blag the tax" advice it may be genuine but if the last keeper posted late, then he got the tax back.
Responsibility to Tax the car from October the 1st 2014 is the present keepers duty to check and tax.
The date on the log book posted was irrelevant and very bad advice and one I received quite a bit of abuse for pointing out "wont work" .

Metalhawk

Marktheshark wrote: »

Honesty time !
Was this back dated log book "try it on" sale.
It was touted at the time as "the thing to do" back date the Log book (vc5) and thus keep the tax.
It did not work as any VC5 received later than 4th of October 2014 had the Tax refunded to the previous keeper, they appear to have allowed three days for postage and one to post and thats it.
I am not saying it was part of the "blag the tax" advice it may be genuine but if the last keeper posted late, then he got the tax back.
Responsibility to Tax the car from October the 1st 2014 is the present keepers duty to check and tax.
The date on the log book posted was irrelevant and very bad advice and one I received quite a bit of abuse for pointing out "wont work" .

I posted the V5 1st class on the 26th September (about 30 minutes after the sale was completed). The DVLA at the time told me I could would keep the tax, as long as the post mark on the leter showed before 1st October.

But even if it had missed the deadline, for whatever reason, the tax would show as being owed from 1st October surely? Not 1st September?

I know it's my responsibility to check the tax, but having checked it on purchase day, it never crossed my mind to check it again in between then and renewal day.

Bigphil1474

I think you may have fallen through the cracks in the change over period of the new system. But I also think you are right, you should only have to pay the tax back to 1st October as it sounds like the previous owner has had the tax refunded from the 1st October to end of Feb (only refund full months). As the changes came in on 1st Oct, there wouldn't be a need for you and the previous owner to both tax the vehicle for part of September, which would have been the case if it was sold in October.
Don't think the previous owner declaring SORN is relevant. DVLA would have known they sold the car, so if they refunded on the basis of the new system, he would have got a refund, SORN or not.
Don't think there has necessarily been a fraud either - if they sold the vehicle with tax on it, and DVLA have subsequently refunded it to them under the new system (either through delay or mistake), they might have found an unexpected cheque on their doormat, and thank you very much. Don't think it necessarily means they claimed for a refund of tax.
Might be worth checking if there is a date of change of ownership on the VC5 - if it's in September, have they made a mistake in refunding the previous owner? I always thought that previously you had to send the physical disc back to get a refund, but could be wrong.

Johno100

Bigphil1474 wrote: »

I always thought that previously you had to send the physical disc back to get a refund, but could be wrong.

No he can/could declare the disc lost when applying for a refund and in this case as long as the change of keeper hadn't been actioned then the previous owner would receive the refund cheque and the OP would have a disc on his windscreen but be untaxed.

mcjordi

in all that time im suprised you havent been pulled by the boys in blue to be honest/or been flagged by the dvla hit squads doing the round.

Metalhawk

mcjordi wrote: »

in all that time im suprised you havent been pulled by the boys in blue to be honest/or been flagged by the dvla hit squads doing the round.

So am I! Or at least had a letter from the DVLA to tell me. I've gone to both ends of the country in it several times in the last few months, I thought there were automatic notifications for this sort of thing.

The main thing I still can't understand is the Tax disc that I have was for 6 months. But the DVLA are currently saying that it has been unlicensed since 1st September. But 1st September is the start date of the Tax disc. So it was cancelled as soon as it came into effect? I don't get why it shows no tax for September. Could it have been cancelled for other reasons? A chargeback from the original purchaser's bank for example?

AdrianC

Bouncy cheque...?

Dakent89

If this has fallen into the new laws by some fluke, 1st of September is Infact correct.

Though the seller will only claim back full months, so October to February, the buyer is still responsible for the back month of tax, ie 1st of September omwards.

This causes a potential double payment to the dvla for the month of September.
I'm sure a Google search will confirm the above, as I remember reading about this and people complaining about double payments, to which the dvla response was along the lines of 'it won't make that much difference'.

Hope this clears something, could be as simple as a delayed letter in the post causing a late postmark..

Wouldn't be the first time that had happened

xHannahx

Dakent89 wrote: »

If this has fallen into the new laws by some fluke, 1st of September is Infact correct.

Though the seller will only claim back full months, so October to February, the buyer is still responsible for the back month of tax, ie 1st of September omwards.

This causes a potential double payment to the dvla for the month of September.
I'm sure a Google search will confirm the above, as I remember reading about this and people complaining about double payments, to which the dvla response was along the lines of 'it won't make that much difference'.

Hope this clears something, could be as simple as a delayed letter in the post causing a late postmark..

Wouldn't be the first time that had happened

This is correct, we bought a car on the 25th of month, but would have had to tax it from the 1st of that month. I sorned it for 5 days instead as we still had our old car taxed and insured.

Dakent89

Crap rule but true!
Be careful with a short sorn, the paperwork used to say the minimum sorn as to be 30 days or something silly
Worth bearing in mind