V5 retraction issue
V5 retraction issue
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Ben.123

Original Poster:

7 posts

40 months

Tuesday 14th March 2023
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The initial message was deleted from this topic on 23 March 2023 at 11:00

maz8062

3,857 posts

242 months

Tuesday 14th March 2023
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This is not an easy story to read, sorry.

You swapped cars and you notified DVLA online, right?
The seller did the same, right?
The seller changed their minds and wanted their car back before either of you had received acknowledgement and/or the new V5 from DVLA?
You are still technically the owner of his car and are getting fines in the post, right?

Do you have a receipt for the original purchase, signed by both of you and the retraction in writing?

So, you own a car without the car? Who owns your car?

Too confusing for this time in the morning.

Ben.123

Original Poster:

7 posts

40 months

Tuesday 14th March 2023
quotequote all
Sorry its probably me rambling on with it all.

Yes so when cars swapped v5 was done online to dvla as far as i was aware my car that i swapped had been done too so both vehicles were in each others names. Other guy decided didnt want my vehicle swapped to him and become very demanding to the point we felt we needed to do it although we said to wait until v5 documents were through known it would only take upto a week. ( my old vehicle didnt even get registered into the guys name but his car did go into my name).
Dvla told me to send v5 back to them to change his vehicle back to his due to our concern of the circumstance.

Car still in my name and fines are coming through weekly.

Stupid us didn't even think at the time to get something in writing as we were happy with the advice giving at the time by dvla although have messages of the whole conversations and video footage of him returning my old vehicle and him taking his back. ( we just really wanted the nightmare to be over with)

So officially still the keeper of his vehicle as dvla havent done what they said they would do which was to remove my name and put it back to his because thats what they recommended was best option. ( shouldnt of listened to them now) and we have no clue where the car is now and who with as the person won't tell us anything and is ignoring all comminications.
( i know we have totally f'd up )


samoht

7,149 posts

173 months

Tuesday 14th March 2023
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So firstly, your own original car is irrelevant here, since it never had a change of ownership recorded and is now back with you.


Essentially what's happened is you 'bought' a car from him, and he did the transfer of ownership online with DVLA.
You then returned the car back to him (as part of unwinding the swap).
You would have received the new V5 in the post from the DVLA within about a week.

At that point instead of going online and recording a further change of ownership back to the original guy, you posted the entire new V5 for his car back to the DVLA with a letter asking them to rescind the change of ownership into your name.

And now that letter is stuck somewhere in the DVLA bureaucracy, and he or his associate is bombing around in his car racking up fines that are going to you.

Is that right?


Basically the DVLA operates at two different speeds. Anything you can do online fully automated happens same day and you get the docs in the post a few days later. Anything that requires human effort goes in a queue and takes 4-6 weeks til they deal with it.


DVLA said:
Please allow 4 weeks for your new documents to be sent to you if applying by post. Please do not call us within those 4 weeks as your application will be processing and we will not be able to provide further information.
https://www.gov.uk/guidance/dvla-services-update


So there's nothing unusual about this situation and it's highly likely DVLA will update their records and re-issue the V5 in 4-6 weeks.

In the meantime you will just have to prepare a standard letter explaining that you effectively 'sold' the car and giving the name and address of the person you returned it to, to reply to all the fines. Alternatively there should be a box to tick on the fine paperwork / online saying you are not the driver, and giving details of the person you gave the car to.


Edited by samoht on Tuesday 14th March 08:41

Ben.123

Original Poster:

7 posts

40 months

Tuesday 14th March 2023
quotequote all
Exactly that you make it sound so much more understandable. Yeah basically its somewhere in that building not being dealt with 8 weeks gone so far since they received it. Yes correct they are having a ball in this car by the looks of things. I think the problem with dvla is we end up speaking to many people and all say different stuff. We have had 2 brilliant people who have opened a case to the departmentdealing with this 2 weeks ago and not heard a thing yet. Its just causing alot of stress on my partner and is physically hitting her hard which is so hard to watch wheb i can'tdo any more than i have. I think her fear is that its never going to be resolved and this continues until some decent persin files for a v5 document. Thank you for your response il just keep doing what im doing and hope for a miracle to resolve this happens quickly.


samoht said:
So firstly, your own original car is irrelevant here, since it never had a change of ownership recorded and is now back with you.


Essentially what's happened is you 'bought' a car from him, and he did the transfer of ownership online with DVLA.
You then returned the car back to him (as part of unwinding the swap).
You would have received the new V5 in the post from the DVLA within about a week.

At that point instead of going online and recording a further change of ownership back to the original guy, you posted the entire new V5 for his car back to the DVLA with a letter asking them to rescind the change of ownership into your name.

And now that letter is stuck somewhere in the DVLA bureaucracy, and he or his associate is bombing around in his car racking up fines that are going to you.

Is that right?


Basically the DVLA operates at two different speeds. Anything you can do online fully automated happens same day and you get the docs in the post a few days later. Anything that requires human effort goes in a queue and takes 4-6 weeks til they deal with it.


DVLA said:
Please allow 4 weeks for your new documents to be sent to you if applying by post. Please do not call us within those 4 weeks as your application will be processing and we will not be able to provide further information.
https://www.gov.uk/guidance/dvla-services-update


So there's nothing unusual about this situation and it's highly likely DVLA will update their records and re-issue the V5 in 4-6 weeks.

In the meantime you will just have to prepare a standard letter explaining that you effectively 'sold' the car and giving the name and address of the person you returned it to, to reply to all the fines. Alternatively there should be a box to tick on the fine paperwork / online saying you are not the driver, and giving details of the person you gave the car to.


Edited by samoht on Tuesday 14th March 08:41