CCJ from the DVLA

[boohog]

I recently found out I had received a CCJ as a result of non payment of motorcycle tax.

 

I moved house in June 2003 and sent a letter to the DVLA to let them know. I don't have a copy of this any more. Anyway my tax came due in around Novemeber of that year but I didn't receive a new tax reminder and since I had stopped using the bike as it had an engine fault I completely forgot that I might need to re-tax it.

 

I found out in Aug 2005 that I had a CCJ as a result of non-payment of car tax having looked at my credit record, but I hadn't received any correspondence from the DVLA. It seems the claim was issued in Mar 05 and the judgement in April 05. Not sure why they didn't start proceeding in 2004 either.

 

Anyway, when I found out about it I immediately settled the £100 debt with them and made sure they update my address details. It seems that they sent all the correspondence to my old address and had not updated my address per my letter over a year prior.

 

I recently found out that CCJ's can be set aside from your credit record if you were unable to receive the claim information, so I followed this up with the county court. They told me that specifically with regard to DVLA CCJ's change of address was not likely to be good enough to get it set aside because of the obligation to inform the DVLA. Of course I did this but have no way of proving it.

 

I have re contacted the DVLA who now seem to think that all the correspondence was sent to my new address!!!! which it clearly wasn't and I have been given a DVLA address to confirm this.

 

Anyway, here's the question(s):

 

1. If it turn out they sent the claim etc to my new address and I didn't receive it, can I get it set aside? I know they didn't since nothing came to me and I assume that some things would be sent registered post anyway.

 

2. If they sent it all to the old address, since I can't prove that I informed them of my new address am I stuffed or is there still a way to get it set aside?

 

3. If I do apply via an n244 to get my claim set aside and they reopen the case, and the judge rules that because I cannot prove that I informed them of the change of address, do I get a CCJ on file for 6 years from the new hearing date (and waste £65)?

 

Any help would be really appreciated. This is a total pain in the backside and I am really unsure as to what to do.

[buzby]

1) I'd love to think so, but with so many people abusing the system, it is always convenient when the mail doesn't get through but a Judge would want to know why you had not declared a SORN if it was off-road, or re-taxed it if not. The address it was sent to not being particularly relevant to why the vehicle remained untaxed.

 

2) As 1 above - you'd be expected to notice your tax needed paid, and long before it got to the CCJ. If you want to challenge it, it will cost you to get the case reopened - but the end result may be the same. The imposition of SORN meant it wasn't just the taxing of the vehicle, but your need to declare it off-road, AND to renew that status each year also.

 

3) No. The original CCJ would stand, and time out after 6 years. However, the DVLA could still get further CCJs for suceeding years unless you ensure they have the correct details for you.

[boohog]

Thanks for the response.

 

So on the basis of that do you think I would be wasting my time sending off an n244 and trying to get the CCJ set aside?

[buzby]

Well, never say never - it's your money (to get the case reopened) and the judge may simply make the points I did, and if he didn;t get a response that let him to believe the CCJ was given unfairly (it wouldn't matter you could prove you were in a hospital with a broken leg and didn't have the car on a public road) as the SORN arrangement covers this. If you feel you could explain a good reason why the fee wasn't paid, there may be limited scope to manouver - but it's not a slam-dunk by any means!

[boohog]

I'm not too concerned about the £65 cost but the problem is I have no way of proving that I did inform them of my change in address, they have no record of it (although I have asked them to confirm this in writing) so from the point of view of the judge I don't have a valid excuse.

 

Any way you can get them removed as a result of the potential impact on your career? I work in an industry where it really doesn't look good to have one on your record.

[buzby]

Not that I'm aware of - it's a matter of public record and Registry Trust limited get a fee from the CRAs to advise of all CCJ registered within the week they happen. Unless there is an action that can expunge the CCJ, it'll be there on your credit record. As to it affecting your career - unless your employer credit checks you (and will need to asks your permission first) I really doubt it will be a problem. If you paid the fine the CCJ will be shown as 'satisfied' and drop off 72 months after it was placed there.