Bailiff help urgent

Greeneve

Hey guys would greatly appreciate some advice on my situation.

I received a letter on the 18th of January from jacobs enforcement agents, stating that I have a debt for a parking ticket dated the 6th of June 2015. For the car in question, I sold it in January 2015 and the guy I sold it to said he was going to ring up and get the log book and change the details, which I have now learnt he never did.

I don't have a license and I sold the car, so it couldn't have been me driving.

After speaking to jacobs, I asked if it would be good to contact the dvla and get proof that it wasn't me driving and I didn't own the car. I rang the dvla and explained the situation and sent them a letter confirming what I had told them on the phone - sold the car, not liable for ticket. I then rang jacobs back and said to expect a letter from to be forwarded by me from the dvla confirming I wasn't liable.

After not receiving the letter, I rang dvla back to ask where it was. The lady said it was on its way, and I asked for confirmation of the letter contents on the phone, she wasn't able to give me much but she said it looks like the case will be squashed in my favour. However when I ring jacobs to confirm that the letter will be there soon, the woman said 'oh we can't accept a letter from the dvla anymore, the case has been going on too long', which is totally ridiculous, I have only received one letter from them the whole time and moved from the address that they previously had for me in may 2015 and the offence was June 2015. If I would have been made aware of the debt earlier I would have gladly proceeded to sort everything out.

Next I rang the citizens advice, and the lady sent me information on bailiffs, and advised me to ring the council with who the debt was originally with. The guy I spoke to at the council said it sounds like a kerfuffle, and to send the dvla letter to them instead, along with proof I sold the car. As for proof I have a receipt somewhere hand written and signed between me and the guy I sold the car to, but it's packed away somewhere because I am moving in two weeks. To be honest, I'm not sure of its exact whereabouts. However I have messages on Facebook sent between us where it's obvious to see I have sold him a car.

The information I received about bailiffs, said that I can ring jacobs and tell them that I am disputing the debt and for them to withdraw their bailiff instruction, but low and behold the lady at jacobs said they can't do that. So now I am expected to receive bailiffs for a debt that I am not liable for.

I'm waiting for the dvla letter to arrive in the next couple of days to send to Harlow council.

Any advice would be greatly received as I'm so angry/worried about these bailiffs. I'm staying at my parents house at the moment between houses, and my mum is getting stressed about it, worried some huge bailiff is gonna overpower her and barge in. She isn't going to open the door and she will say that I do not live here, which is partially true as I'm all over the place at the moment.

What gets me is that the lady at the dvla said not to worry, once jacobs receives the letter they will squash the case, but jacobs are saying they can't accept a dvla letter and all that jazz.

I will not be paying this fine because I can't even drive, in my naivety of a first time car owner/seller, the guy I sold it to said he was gonna sort out the logbook but I've learned he didn't even send it off.

The stress is crazy

Thanks for your help guys, happy to provide more information

Karonher

Hi - I don't want to answer anything as I don't know the legalities, but could you contact the buyer and tell them what has happened?

Greeneve

Do you think that would be a good idea?

sourcrates

Hi,

You need to stop talking to Jacobs on the phone, when dealing with bayliffs do everything in writing, that way you don't get conflicting statements which cause confusion.
You are right to only deal with the council, only they have the power to quash the ticket, when the letter arrives, send a copy to the council and to Jacobs.

Bayliffs cannot force entry to domestic properties for debts such as this, they can however enter through an open door, so be aware of this and keep them locked.

Greeneve

So I shouldn't open the door to them no? I wasnt planning on opening the door anyways, it'll be likely that I won't be at the property so I told my mum not to answer the door, just to ask through the door who it is and if it's the bailiffs to say I'm not there at that time, and I haven't been for some time

LJB290

Did you not inform the DVLA that you had sold the car?
Have a look at the link and info below....
This is probably a case of "after the horse has bolted" but I do hope you get things sorted!

https://www.quicksellcar.co.uk/telling-dvla-you-have-sold-your-car.php


Whenever you sell your car or part exchange it, its important and a legal requirement that your let the DVLA know you no longer own the vehicle and that it has changed ownership.

This not only makes sure that the legal owner of the vehicle is registered with the DVLA database but also protects you against things like parking tickets, speeding fines and fees for failing to tax or sorn the vehicle.

In order to complete the documentation correctly and let DVLA know you no longer have the vehicle and at the same time give them the details of the new owner, you will need the V5 or vehicle logbook as it is commonly known. This document has all the vehicle information such as Make, Model, Colour, Chassis number, Number of previous owners and is what any potential buyers or motor dealers will want to see when selling your car.

Completing a change of ownership requires a date and signature from both the seller and the buyer so it cannot be completed online. If you have mislaid your V5, you will need to order a replacement - which can be done online using the following link - Application for a V5

Greeneve

I never rang them and told them because I never had a log book with the vehicle, just a little slip. The guy I sold it to was going to call up and get a new one sent to him for us to sign and complete, but he never did. He even said to me the other day that he never got a log book for it.

The dvla woman on the phone never said anything about me legally requiring to send them the logbook change of ownership or whatever, I just said that the guy I sold the car to was going to call up and sort it out. And she then proceeded to say it looks as if on the letter they are sending out to me that the details have been changed over to the guy I sold it to and I am not the registered keeper.

I suppose in regards to the log book ownership, I'd have to wait and see what exactly the letter says.

But still, I do not have a license, I wasn't driving the car, and I have a large cash deposit into my bank from when I sold the car, and Facebook messages which indicate I sold a car to the guy, and dvla proof which I assume is going to be this other guys tax and insurance details and ownership details.

I could contact the guy I sold it to but I don't think he's the type that would ring up the council and jacobs and say hey it was me I'm liable for the fine I'll pay you.

I don't have the type of money laying around to send to these jacobs people, I'm not even working at the moment, coupled with the fact that I can't even drive and I was told he was going to fetch a log book and I sold the car before the offence date, Im really not going to give in to these people. And its very stressful!

Greeneve

And in regards to the v5, do you mean that even now after all this time I can ring up and get one and send it to the guy I sold the car to? I think he has scrapped it now as the clutch went on it

TheDebtinator

Holy moly.

When did you originally buy the car? Did the seller have a V5? Or did you put the car up for sale not long after you bought it?

Facebook messages are not going to hold any water, nor is a bank transaction; The ONLY thing that would prove ownership is a receipt. The Log book is only for the keeper of the car, who doesnt have to be the owner.

If you have proof you sold the car (and frankly if its packed away, surely it is better to find it than to let this linger on) then you possibly have a way out. A new log book from the DVLA costs around £25. The current owner can not legally have scrapped at a registered vehicle dismantlers without a valid log book either.

Greeneve

I remember seeing the receipt, because I moved and saw it laying around at the new house, but I can't remember where I put it as it was almost a year ago, everything I own is packed up and put away ready to move in two weeks, the place my things are is over two hours away, and I don't drive. I'd have to wait until my things are collected by a removal firm in two weeks and unpack everything to look for it

TheDebtinator

No offence, but I think you're mad to leave this hanging around for a further two weeks, but its your choice.