DVLA non tax fine - Debt Collection Agency

[J.M.]

DVLA have apparently rejected my appeal for not taxing and "passed" my name to a debt collection agency. Haven't seen the letter yet, it's at my parents.

Basically situation was that I sold the vehicle with ~2 weeks tax. Posted v5. Got fined for not taxing. Notified DVLA that the vehicle had been sold prior to tax expiry, and with new keeper's details. They never received V5, but have updated registered keeper now thanks to my letter.

Is this not still technically a bribe as I've not been to court to be issued with a fine?

Do these still get filed in the bin?

I'm unsure exactly how the debt collection agency thing works. For some reason I am under the impression that they have bought my "debt" from the DVLA, meaning the "debt" with the DVLA is satisfied, and as I entered no contract with the debt collection agency, I owe them nothing either?

What thoughts do people have?
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2004 R1 & 2018 XSR900

[P.addy]

Until I see a court letter, I file in the green cabinet.

As long as the date of sale, with that receipt ( ) proving it too, they'll be able to see that tax was present then, they will also realise their error in a court room and it will cost them some £££.

However, I'd be sipping cocktails and snorting coke until such times that a court letter appears.

[Rogerborg]

I'd ignore until 6 months from the date that the "offence" was resolved, then if they're still bugging you, start firing in with "no debt exists, refer back to the alleged creditor," plus complaints to the FOS about the collection goons.

DVLA are unlikely to prosecute while the hired goons are still trying to shake you down, although I wouldn't put it past them.

Why did you "appeal" to them though? There's no judgement against you, just an opinion. I feel that any contact encourages them.
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Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike

[J.M.]

I received no tax fine, so sent the letter stating I had sold the vehicle prior to the offense, date of sale, new keeper, copy of receipt of sale, but no change of keeper acknowledgement as the DVLA lost my v5.

They responded saying I was liable. I requested a v991 to dispute their judgement.

Apparently today I have received a letter to my parents' as a response, challenging my v991 and saying they've passed me to a debt collection agency. I'm interested to see this letter. It's being forwarded to me.

I have no intention of paying this fine, as I didn't commit the offence. If they disagree, they must take me to court, not sell my name?

When does the 6 months start from? Their "fine" is dated 21 May. Tax expired first week of April.
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2004 R1 & 2018 XSR900

[Rogerborg]

Please stop writing "fine".

They can say "judgement" and "appeal" all they like, but they are not a court, nor any sort of independent tribunal.

They have three choices:

#1 Prosecute you for committing a criminal offence (at their cost, and they get nothing from it).
#2 Try and shake you down for money.
#3 Fuggadabadit.



#1 is what they do to Paddy. So gay for him.

#2 Well, there may - may - be an argument that unpaid VED is a debt to the crown, but if they want to make that argument, they can make it to a court. I'm not aware of any successes with it. And that's the VED, not any blackmail invoices or collection charges.

Debt collectors can do the square root of sod all to you other than harrassing you, or sadly, people at the address that they have for you and which you've confirmed by entering into a discussion with Capita Group Plc (trading as DVLA Collections).

If you suspect that you're going to cave in eventually to stop them harrassing your family, do it now and pay the bribe before it escalates. Feel free to haggle over the amount.

If you're not going to pay the bribe, either ignore them completely, or fire in repeated harrassment complaints to the FOS about the collections goons. I wouldn't be too concerned about the veracity of what you're complaining about either, it's not like the DVLA or goons give a stuff.

What I wouldn't say (yet) is "I'll see you in court" as there's a tiny chance that it could get punted back to the DVLA who may choose to Paddy you, pour encourager les autres.
____________________
Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike

[J.M.]

I know that the DVLA are unable to issue a fine, I just used the word in error. Apologies.

I have no intention of paying this. I did nothing wrong. Although hindsight would have me using recorded mail to save the hassle.

I was just unsure what powers the debt collection agency had. Basically wanted to confirm that the best course of action is simply to ignore the letters. If they want me to pay for this, they must take me to court.
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2004 R1 & 2018 XSR900

[Rogerborg]

Yes.

Debt collectors will send a serious of letters in increasingly large and RED font, spouting legalbabble, up to and including letters that are designed to look like (but aren't) a court summons.

If they get a phone number[*], they will harass whomever answers it at antisocial times, regardless of who that is or whatever is said to them.

That's it, really. Bear in mind that unless you give them updated contact details, they'll harass your family. Even if you do, I imagine that they'll continue to go after the soft targets, because they are thugs.

Source: a circa 5 pound "debt" that a courier tried to pin on me (their contract being with the sender) which ballooned into several hundred pounds of "debt" after it was passed to a firm of footpads. Very tiresome, they do just try to wear you down.

[*] I now tend to give out 01625 545 745, the Information Commissioner's Office.
____________________
Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike

[J.M.]

What's the avenue like for a harassment claim?

I've no knowledge at all in that area. But there must be some form of legally standing notice/letter that you can give them after which point any communication after yourself is harassment, and you could sue them for it?

I remember reading about an excellent one on money saving forums, where the silence after announcing his plans to sue essentially indicated an excellent win in that area.
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2004 R1 & 2018 XSR900