LETTER OF CLAIM - I DO NOT OWN VEHICLE!

Le_Kirk

If you don't own the vehicle and you are convinced you completed the transfer documents properly, who has been receiving the road fund licence reminders - you?

fisherjim

If it has had an MOT every year the records will show where it was done and they will have the details. 

But why on earth you didn't take the details of who you sold it to is bizarre, you are supposed to send off one part of the V5 and the new owner sends off the rest. It's just common sense to keep all the details for exactly this type of incident.

DownToContest900

Le_Kirk said:

If you don't own the vehicle and you are convinced you completed the transfer documents properly, who has been receiving the road fund licence reminders - you?

Indeed I sent the logbook as necessary and last I heard of it. I've not received any correspondence from any authority. Online it can be seen to have not been taxed since it was purchased. Appears they don't care! The reminders may be going to the address the bike was once registered at, 6 years ago? Who knows. I've moved 3 times since then... 

DownToContest900

fisherjim said:

If it has had an MOT every year the records will show where it was done and they will have the details. 

But why on earth you didn't take the details of who you sold it to is bizarre, you are supposed to send off one part of the V5 and the new owner sends off the rest. It's just common sense to keep all the details for exactly this type of incident.

Very much hoping DVLA use this common sense and chase the party that are MOTing the bike as it could have changed hands plenty of times since.

We filled the logbook together at the time of purchase and I sent the slip next day. It was 6 years ago so even if I did have my brain screwed on at the time, I doubt i'd still be holding onto this info. It's sort of pointing blame at the wrong part of the issue here tbh. I was young, naïve and this was my first vehicle sale but indeed if there is ever another, I will be leaving nothing to chance.

fisherjim

DownToContest900 said:

fisherjim said:

If it has had an MOT every year the records will show where it was done and they will have the details. 

But why on earth you didn't take the details of who you sold it to is bizarre, you are supposed to send off one part of the V5 and the new owner sends off the rest. It's just common sense to keep all the details for exactly this type of incident.

Very much hoping DVLA use this common sense and chase the party that are MOTing the bike as it could have changed hands plenty of times since.

We filled the logbook together at the time of purchase and I sent the slip next day. It was 6 years ago so even if I did have my brain screwed on at the time, I doubt i'd still be holding onto this info. It's sort of pointing blame at the wrong part of the issue here tbh. I was young, naïve and this was my first vehicle sale but indeed if there is ever another, I will be leaving nothing to chance.

Yes but I wouldn't hold your breath with the DVLA they are notoriously useless, and are unlikely to be bothered or staffed up to chase anything for you, the PPC has a computer link access and no one touches anything manually.

DownToContest900

Coupon-mad said:

You need to send DCB Legal the template LBC response - see the 2nd post of the NEWBIES FAQS thread - getting them to ERASE ALL OLD ADDRESSES (if you don't do this, you risk a CCJ to an old address).

Remove most of the rest of the template and instead, repeat what happened re the DVLA losing the logbook change of ownership slip. Tell them now they know this, if they sue you will counterclaim for not less than £300 because their refusal to acknowledge that they have the wrong person is now a course of conduct amounting to harassment.

Hi! I've drafted up the following based on the template found in the newbie thread (redacted personal details) . I've removed most the creative fluff as suggested and provided background on the defence. Please take a look and let me know what you think? As always I fear I could have potentially overshared. 

Also, I received their letter of claim on the 14th of May. Should I wait till the 13th before I send an email to the DCBLegal solicitor asking for the PAP extension just to maximise the time I have for DVLA to provide any assistance? (assuming this'll help in any shape or form)

Coupon-mad

No I wouldn't delay it and would NOT say you are seeking debt advice. The thrust of your response should be that this isn't your liability therefore there is no debt nor cause of action.

You haven't shown us a draft.

DownToContest900

Coupon-mad said:

No I wouldn't delay it and would NOT say you are seeking debt advice. The thrust of your response should be that this isn't your liability therefore there is no debt nor cause of action.

You haven't shown us a draft.

Thank you - I will send this as soon as it is finalised then. 

Odd - I used the attach image function.... Pasted below for ease.


"

Dear Sir/Madame

Your Ref. redacted
Proposed Legal Proceedings
Claimant: DCB Legal Ltd

I refer to your letter of claim.

I confirm that my address for service for the time being is as follows, and any older address must be erased from your records:
redacted

The alleged debt is disputed and any court proceedings will be vigorously defended.

I formally request that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017 ('the PAP').

 

On the 31st August 2018, the offending vehicle that received the PCN was sold. It appears the DVLA lost and thus did not action the V5C change of ownership slip. The original PCN and any follow ups have been sent to the wrong address even though my drivers’ license details have always been up to date. I have since requested that DVLA update their records and provide proof of this change. There is record of the vehicle since being taxed and MOT’d by another party so should you wish to pursue this, I will counterclaim for no less than £300 because your refusal to acknowledge that I am the wrong person to pursue on this matter is a course of conduct amounting to harassment. I do not and will not have keeper liability for anything involving this vehicle since it was sold.

 

I hope this is reviewed and appropriately actioned in due course.

 

Yours faithfully,

Coupon-mad

"Claimant: DCB Legal Ltd"

No it clearly isn't!

This is too wishy washy:

"I hope this is reviewed and appropriately actioned in due course."

LDast

If you really need the extra 30 days then use it. However, the extra 30 days are not added to the original 30 days but 30 days from the date you send the LoC response. SO, if you need to maximise the delay, then send it on day 29 after the original LoC date.