Debt Collection Demands sent to wrong address - where do I stand?

Meks

Hello everyone,

This is a long one but would really appreciate the help!!!

A friend of mine bought a brand new car from a Vauxhall dealership around a year ago now.

A few months ago, by chance, her landlord gave her some post that had wrongly been sent to another flat in the building. These items were the V5 Document for her car and a demand notice from a debt collecting agency for an unpaid congestion charge.

My friend says that there may have been previous demand letters for the charge, however she cant know for sure as no other letters were passed to her.

My friend called the company and said she was happy to pay the initial charge but not the penalty charge on top as it had gone to the wrong address - how was she to know about it?

The debt collection agency would not accept this and now the debt is £512.00.

The issue went to court and my friend produced a statutory declaration to say the letters and the V5 went to the wrong address. She lost the case and the outcome was that TFL got her address from the DVLA in good faith - how is this even a defence in this matter?

Anyway, it now transpires that the address on the actual V5 was wrong and Vauxhall must have put the wrong address on the document. My friend has checked all her paperwork and she definitely gave them the right address - at least on all the things that she signed.

So Vauxhall has given the DVLA the wrong address and now she is stuck in this mess. What would you do going forward? She is under so much stress and anxiety as it is and this issue isn't helping.

I think she should firstly go to Vauxhall and get them to admit in writing that they gave the DVLA the wrong address and also appeal to the court with this evidence?

I just don't get how they can rule in TFL's/the debt collection agency's favour if she never got the post in the first place and proved that the post was address to an incorrect address?

Isnt there a law to protect us against these things?

Thank you in advance for any help!!

happy_bunny_2

Maybe try getting it set aside on that basis? I presume it's a CCJ?


Maybe try legal beagles forum?

PaulW922

I think a set aside application is the correct course, whilst paying the initial CC in full as your friend suggested she would. There is sadly a fee for a set aside application but it may be worth it and she could always pursue Vauxhall for that afterwards? Can she show Vauxhall were in error? Has the address now been updated? Hopefully it is a 'yes' to both.

Whereas it is quite right that TFL acted reasonably here - I would think that lots of people claim not to have received any mail from them - there is new information available and hopefully, if the initial CC and penalty are paid (maybe what it would have cost if the first notice had been delivered) your friend may be successful.

Other things to bear in mind - it could be argued that after a year she should have known that she had received no official correspondence about the car, especially if she managed to renew the tax (although you can do that online), and secondly, given that a CCJ has now been awarded against her she may want to pay it in full on a 'without prejudice' basis, within 30 days of judgement, to avoid it staying on her file for six years if the set said is unsuccessful.