Not paying for fuel and driving off

Clouds88

I am raging and mortified but also need some advice if I need to do anything more/faster!

I found out today that my husband filled up the car at a petrol station a month ago and didn’t pay. I found out because the new tenant at my old address messaged me and said he had balliffs round! My address was wrong on the VC5 so I have now updated this but still need to sort the issue.

so the car is in my name I’m the owner and registered keeper. 

The debt collector is QDR solicitors. I rang them immediately today and was on hold for 20 mins before requesting a cal back but they never rang me back. I have emailed and also tried to set up an online account but it’s down for maintenance.

My husband has said he will admit it was him But apparently it’s my legal responsibility because I’m the owner of the car. I am terrified the car will be taken away. He doesn’t have any money to pay it so I can pay the debt.

It gets worse, there are TWO other occasions he did this. I rang up both garages today as soon as I knew and one is sending me a letter so I can pay that when it arrives (it isn’t as serious as this first one) and the second one I have to ring back tomorrow when a supervisor is on to find out what debt collectors I need to get in touch with. 

My husband is going through a crisis/relapse no excuse and I’m so gutted this has happened but also super stressed as I haven’t done anything.

Grumpelstiltskin

If this happened 1 month ago it is highly unlikely bailiffs would be involved, there should have been a CCJ issued and that wouldn't have happened in that short time.

You need something in writing to see exactly what they want. Don't phone or e mail them until you know exactly what is supposed to have happened when.

sourcrates

Hi,

Debt collectors are not bailiffs, they can`t be engaged unless a CCJ has been granted against him, and you would have had court papers.

Now although MOWP is an offence, Police don`t always chase these things up, so I`m assuming its not the Police or courts that are chasing payment, but one or more of the Garages has sent part of the debt to a 3rd party collector, is that about right?

If that`s the case, then this company has no power to do anything, if you can pay the debts off then fine, but if not, tell them you will pay in instalments, don`t be bullied by them, they have no clout despite having a fancy legal name.

Clouds88

The letter in question that I was shown today refers to a debt 19/7 and the man at the house said that Ballifs showed up at the house on Say and Tuesday and he needed to prove he was telling the thruth with ID. So do you think they are coming for another reason? 

Clouds88

i have just checked my credit record and I don’t have any CCJs on there 

fatbelly

I was about to make the same comment. Whatever happened at your old address it wasn't bailiffs in relation to last month's incident.

You have corrected the address at DVLA. The other thing worth doing is a credit check using both addresses. That way anyone who wants to write to you can find the correct address and do so.

Stop phoning and emailing. You want a written paper trail of what happened when. If there are ccjs on this you can consider whether to get them setaside as you were not the liable person for the debt, any more than you would be liable for a parking charge if he was driving.

sourcrates

People tend to call debt collectors all kinds of names, one of which is a "bailiff".

Answer this please, has legal action been taken against you?, have court papers been received?
Is there a CCJ on your credit file for this debt?

If you can answer no, then its impossible to engage a bailiff without the former having happened.

Edit, seen most recent post.

lookbook

Get the payment demand in writing including that once paid the matter is closed. 

Clouds88

Sorry I’m being really thick, I re read the text and he said debt collectors came to the house so it wasn’t a ballif thank god for that! 

TheAble

Why do you believe you are legally responsible as the owner? I would have thought your husband would be responsible if by his own admission he committed the offence.

Sly72

TheAble said:

Why do you believe you are legally responsible as the owner? I would have thought your husband would be responsible if by his own admission he committed the offence.

The registered owner of the car is Clouds88, so anything like this they use info from DVLA, unless they can obtain CCTV to show otherwise, bit like speeding fines unless you can prove you are not behind the wheel.