Nissan Juke - DVLA threatening court for their mistake in 2015

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Fri 3 Mar 2017 14:25
Nissan Juke - DVLA threatening court for their mistake in 2015 - Sandra Page

I have received a letter from the DVLA today, ordinary post, not recorded or registered, asking for repayment of £241.66 (allegedly) paid to me in error in 2015. I have no recollection of this but I did change my car and my husbands car around then so may have had some car tax refunded but there was a lot of to-ing and fro-ing taxing the new cars and claiming back from old cars going on so I didn't take much notice to be honest. I'll have to check back, but even if they did surely it's their error? Now they are threatening court action, this is the first I've heard of this, can they do this?

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Fri 3 Mar 2017 14:39
Nissan Juke - DVLA threatening court for their mistake in 2015 - RobJP

I assume they've detailed exactly why they feel you owe them money, and what the error was ?

If not, write back asking for a proper calculation.

The general rule of law is that if you derive benefit from another's error then yes, they can ask for the error to be undone. That has been ruled on by the courts on any number of occasions.

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Fri 3 Mar 2017 15:24
Nissan Juke - DVLA threatening court for their mistake in 2015 - Sandra Page

I have phoned and they have refused to give me a breakdown in writing just assured me that I do owe the money and that they sent it due to an administrative technical error, I explained that with all due respect, I can't be expected to just take their word for it that they made one error but that they are 100% correct now. I was told that they would send out copies of the previous letter I am said to have received but not recorded or registered post. I have made a complaint but I don't know how far that will get me. if I've been overpaid I'll pay it back but to be fair they plucked this figure from the air in the first place according to them so how am I to know that this is what I actually owe them, or just a percentage of this amount.

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Fri 3 Mar 2017 16:01
Nissan Juke - DVLA threatening court for their mistake in 2015 - SLO76
Be careful that you're not being conned here. Don't call the number on the letter, instead look up the DVLA contact number online just in case this is a third party trying to scam money from you. In all the years I've been buying and selling cars both personal and for profit I've never once been asked to return overpaid funds by the DVLA. I'd be suspicious.
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Fri 3 Mar 2017 16:04
Nissan Juke - DVLA threatening court for their mistake in 2015 - RobJP

Yes - that possibility does exist. If someone has the car and has the V5 with you listed as the previous keeper then it's the perfect way of 'trying it on'.

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Fri 3 Mar 2017 16:02
Nissan Juke - DVLA threatening court for their mistake in 2015 - RobJP

Send - in writing - via email the exact same request. If they want money that they say you have received when you shouldn't and they want it back, then they have a duty to supply you with that information.

Inform them that until you do get that information, you will not be making any payment.

Finish by stating that if you do owe money, you are of course happy to pay. But you are not prepared to just accept their word for their infallibility, bearing in mind they have already, according to themselves, made at least one mistake by paying you the money in the first place.

Unfortunately, working on the phone with DVLA or any other government body is a waste of time. You're far better having everything in writing / via email.

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Fri 3 Mar 2017 18:43
Nissan Juke - DVLA threatening court for their mistake in 2015 - scot22

Fully agree with previous posts and excellent advice from Rob. Sounds like a scam to me.

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Sat 4 Mar 2017 13:42
Nissan Juke - DVLA threatening court for their mistake in 2015 - Falkirk Bairn

Write to them & give them 28 days to reply with the information that in detail showing how the money is owed.

State that if no reply is received within 28 days you will assume the matter is settled & you will no longer entertain any further correspondence on this matter.

Send it by REcorded delivery.

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Sun 5 Mar 2017 15:54
Nissan Juke - DVLA threatening court for their mistake in 2015 - TedCrilly

Maybe I am thinking to hard here but,..........

Why not just contact the DVLA yourself and ask them to confirm its genuine before anything else.

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Sun 5 Mar 2017 16:11
Nissan Juke - DVLA threatening court for their mistake in 2015 - Bromptonaut

Maybe I am thinking to hard here but,..........

Why not just contact the DVLA yourself and ask them to confirm its genuine before anything else.

She has done - see Frday 03 March 15:24.

Edited by Bromptonaut on 05/03/2017 at 16:11

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Sun 5 Mar 2017 16:30
Nissan Juke - DVLA threatening court for their mistake in 2015 - RobJP

Maybe I am thinking to hard here but,..........

Why not just contact the DVLA yourself and ask them to confirm its genuine before anything else.

She has done - see Frday 03 March 15:24.

I think (if there is a possibility of a scam) the question would be whether she has contacted the number on the letter, or contacted DVLA using a phone number taken from the DVLA website

www.gov.uk/contact-the-dvla

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Sun 5 Mar 2017 16:53
Nissan Juke - DVLA threatening court for their mistake in 2015 - SLO76
Be nice to hear from the OP again. Has she checked DVLA contact details were genuine? Was it all just a scam?
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Mon 6 Mar 2017 10:57
Nissan Juke - DVLA threatening court for their mistake in 2015 - Sandra Page

I rang the number on the letter, not the DVLA number, I have since googled the number and nothing shows up either scam or DVLA related. I have emailed the link on the DVLA website though. No replay as yet, other than an auto generated receipt.

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Mon 6 Mar 2017 11:33
Nissan Juke - DVLA threatening court for their mistake in 2015 - Bromptonaut

Not surprised they don't use registered post. Ordinary mail is good for service of court summons, deemed recieved 48hrs after posting IIRC.

In fact use of recorded is best avoided as it can be refused!!!

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Mon 6 Mar 2017 16:26
Nissan Juke - DVLA threatening court for their mistake in 2015 - concrete

After reading all the threads I am inclined to think a thorough check through the official DVLA website would be wise and shouldn't take long. If DVLA deny any contact with the OP then the scam is exposed. If they confirm the situation then proceed with the matter of demanding the official and correct calculation as to how they arrived at the figure. Also an explanation and apology for the great inconvenience now caused to you because of their error. They should have an official appealm procedure, if you appeal then all action against you is frozen until the appeal is adjudicated on. On no account send any payment to anyone until this is proved legitimate.

Cheers Concrete

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