Car tax debacle

Kez.Mez · 14 July 2017 at 3:24PM

Hello,

After some help regarding car tax.

My partner purchased a car via ebay in December, He was not given the logbook, which the previous owner apparently did not have. He was able to tax the car at the post office immediately (£270) despite not having the log book.

He was not aware that it was possible to apply to get a new log book from the DVLA himself and has instead been chasing the previous owner all this time. He was finally given the new log book by the previous owner 5 weeks ago.

In the meantime his car has, unbeknown to him, been untaxed and he has just received a letter with a fine and court summons. This is the first time he's had any idea that there was a problem. On contacting the DVLA, he was told that 'this happens', that the previous owner has been given the rebate and that getting this money back is between himself and the previous owner. He will have to pay the tax again and likely the fine.

Is there anything he can do? It's a genuine oversight and he's extremely depressed.

Thanks.

Kez.Mez · 14 July 2017 at 11:03PM

Further to my original post, my partner was given part 10 (new keepers details) of the log book so he could tax the car. Is it possible that the previous owner could have had this without having the logbook too? This was apparently the case. The previous owner assured him that he was getting a new logbook and would forward this to my partner. It seems that there has been some sort of dodgy conduct by the vehicles old owner regarding the log book and fulfilling the requirement to notify the DVLA of change of ownership. My partner is facing a large fine, court and the loss of the original £270 tax because of this conduct. Does anyone have any idea where he stands legally? Or any suggestions as to what to do at all or who at the DVLA might be able to actually help? Any suggestions would be gratefully received.

forgotmyname · 15 July 2017 at 2:18AM

When buying a car you only get the part 10 section. Which you must have had to tax the car in the first place.

konark · 15 July 2017 at 3:04AM

Kez.Mez wrote: »

Hello,

. He was able to tax the car at the post office immediately (£270) despite not having the log book.-- Didn't think you could still do this, you have to wait for V5. Sorry, in your second post you mentioned you had the green slip (for new keepers )

He was not aware that it was possible to apply to get a new log book from the DVLA -- yes but it costs £25

. He was finally given the new log book by the previous owner 5 weeks ago.---I don't understand this , DVLA send you the V5 you don't get it from the seller. If you mean the old V5 in the seller's name then the seller should send this to DVLA not give it you. So if the V5 hasn't been returned to DVLA how come they know you are the new RK? Did you send the 'new' V5 to the DVLA?

In the meantime his car has, unbeknown to him, been untaxed and he has just received a letter with a fine and court summons.-- That's the DVLA for you, sentence before the verdict!

.

I think you have bought a car from a driveway trader. The car will have been in someone else's name not his, he's applied for a change of RK which has triggered a tax refund of the tax you paid, probably to the previous owner. I'm afraid your partner is another victim of the DVLA's disasterous policy to refund tax on change of keeper.

Technically the DVLA shouldn't have repaid the tax because it was taxed after it had changed keepers, but god knows what date the seller put as changeover day, and that was just from the previous keeper to him. Impress on the DVLA that you were the RK when the tax was paid and they have been misinformed by the previous keeper for nefarious purposes , that you have acted in good faith and are the victim of fraud and deception and you will see them in court...the DVLA don't have a very good success rate in court and will avoid it if possible..

Kez.Mez · 15 July 2017 at 12:10PM

Many thanks for this reply, Konark.

I have the logbook. Previous owner purchased car on 4 nov 2016. I suspect you're correct on all counts. The car was purchased by my partner on 12 Dec (he has receipt signed by the prev owner with date) but the log book states that it changed hands on 22nd Dec. My partner had to go back to see this guy after he'd purchased the car to sign part 8 of the log book (I don't now if this is standard practise?), and I suspect the guy has changed the 12 to a 22 after my partner has signed - this would be easily done. So officially the DVLA will have given this guy a rebate because the car was still registered in his name on the date the tax was paid, so what I think we're looking at is, as you suggest, fraud by the previous owner, who appears not to be a nice man (after basic research, I've found he has a criminal record for drug offences and has had a prison sentence for a 50 min high speed car chase).

I've established that the log book we have now did come from the DVLA, but it only arrived 5 weeks ago and my partner has had the car over 6 months. I am still trying to figure out where the time lag has occurred.

The info on the DVLA and court is really useful - we have positive evidence at every step, as you say so there should be nothing to fear. We are going to consult legally to see where we stand on small claims court with the previous owner. I'm pretty shocked the the DVLA's advice is that my partner take it up with this guy. It's asking for trouble.

BeenThroughItAll · 16 July 2017 at 10:07AM

konark wrote: »

I think you have bought a car from a driveway trader. The car will have been in someone else's name not his, he's applied for a change of RK which has triggered a tax refund of the tax you paid, probably to the previous owner. I'm afraid your partner is another victim of the DVLA's disasterous policy to refund tax on change of keeper.

Technically the DVLA shouldn't have repaid the tax because it was taxed after it had changed keepers, but god knows what date the seller put as changeover day, and that was just from the previous keeper to him. Impress on the DVLA that you were the RK when the tax was paid and they have been misinformed by the previous keeper for nefarious purposes , that you have acted in good faith and are the victim of fraud and deception and you will see them in court...the DVLA don't have a very good success rate in court and will avoid it if possible..

It's not that 'disasterous' (sic). I've bought and sold probably 15 cars since the 'new' system came in and I've had no problems with any of them - if you make sure you do your due diligence checks on the vehicle and its paperwork, and follow the (very straightforward) procedure, it works. It's made even simpler with online keeper changes.

Car tax debacle

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