What to say in a complaint?

[thellama]

Hi,

For th past month i have been battling with the DVLA and phillips debt collectors as they have been chacing me for a 'fine' for unpaid road tax on a car that was scrapped a year before the fine was issued.

The dvla have finally said it was a mistake and have stopped chasing me for the money and they have called off phillips too.

There are a couple of outstanding issues that i would like to make official complaints about but i would like some advice about if i have a valid complaint, is worth the effort and if it is what i should say.

My compaints boil down to two things.

1. I am conserned about how the dvla passed my details to a debt collection agency when i had done nothing wrong. Could this be a data protection breach?

2. Phillips continued to send letters demanding the money even after i had told them that the issues was in dispute. They also failed to answer any queries about the debt or how long i had to pay it. It was only after i told them that i believed they were in breech of OFT rule did they respond and say that they were no longer persuing the money.

Do i have a valid complaint? Any help would be gratefully recieved. They have made the past month a nightmare for me. If they have done anything wrong i would like it sorted so hopefully they wont cause the same stress for other people.

Many thanks,
Mike

[leclerc]

Re: What to say in a complaint?

Hi,

For th past month i have been battling with the DVLA and phillips debt collectors as they have been chacing me for a 'fine' for unpaid road tax on a car that was scrapped a year before the fine was issued.

The dvla have finally said it was a mistake and have stopped chasing me for the money and they have called off phillips too.

There are a couple of outstanding issues that i would like to make official complaints about but i would like some advice about if i have a valid complaint, is worth the effort and if it is what i should say.

My compaints boil down to two things.

1. I am conserned about how the dvla passed my details to a debt collection agency when i had done nothing wrong. Could this be a data protection breach?
Not if they had a reasonable belief that the information that they were passing on was correct.
2. Phillips continued to send letters demanding the money even after i had told them that the issues was in dispute. They also failed to answer any queries about the debt or how long i had to pay it. It was only after i told them that i believed they were in breech of OFT rule did they respond and say that they were no longer persuing the money.
I am not sure I would have asked that question if I knew that they were in the wrong. You can complain to the OFT but remember, they specifically cannot act for one individual consumer but the more consumers that complain the more evidence they have to take regulatory action.
Do i have a valid complaint? Any help would be gratefully recieved. They have made the past month a nightmare for me. If they have done anything wrong i would like it sorted so hopefully they wont cause the same stress for other people.

Many thanks,
Mike

Have they apologised to you in writing? Have you looked at following both DVLA complaints process and Phillips complaints process?

[thellama]

Re: What to say in a complaint?

I made a complaint to the dvla to get the problem resolved. They appologised in writing but would not admit fault. Phillips have only sent a single line email saying they are no long dealing with the case. I didnt mention the data protection bit in my complaint as it didnt occure to me until the weekend after they wrote to me saying it was sorted.

I cant find any information on phillips complaints procedure.

From what you have put in red it looks like as i am just one individual I can't do anything?

[labman]

Re: What to say in a complaint?

When the car was scrapped, normally scrapyards have a link directly to the DVLA so they can report the car as scrapped, and they give you a piece of paper stating they have done this.

Was this done in your case? If not, did you get a letter from the DVLA thanking you for informing them the vehicle had been scrapped, or alternatively saying they had been notified it had, if you felt differently tell them.

If any of the above is the case, they were clearly aware the car had been scrapped and should not have initiated any action, so you have cause for complaint. They will not admit fault for this very reason.

Breach of the DPA is a serious issue, especially if you can show you have suffered harm, through, for example, being harassed by a DCA.

[thellama]

Re: What to say in a complaint?

My car was scrapped through an authorised vehicle dismantler. They issued me with a certificate of distruction which comes from the dvla system.

The dvla claim that the scrapyard did this wrong and so the main database wasn't updated, which is why they 'fined' me for having no road tax.

However they were able to confirm from their system that my car was scrapped once I gave them the certificate number so they must have had the information on their system.

The first i heard about the fine was when the debt collection agency contacted me. I guess the dvla may have tried to contact me directly but as i have moved house since scrapping the car they wouldnt have had the correct address.

[bluebottle]

Re: What to say in a complaint?

Hello The Llama,

It appears to me that the bungling lies squarely with DVLA. However, could you please confirm that, when you moved home, you informed DVLA of your change of address within the 28 days required by law. Provided this in order, you should complain to the Permanent Secretary at the Department for Transport (DfT) (DVLA is part of DfT) with a copy to the Secretary of State for Transport. In respect of Philips, you would be best to make a formal complaint to the OFT. You would also be justified in making a formal complaint against both DVLA and Philips to the Information Commissioner's Office for possible breaches of the Data Protection Act 1998.

The postal address for the Department for Transport is:-

Department for Transport
Great Minster House
33 Horseferry Road
London SW1P 4DR

The link for the Information Commissioner's Office is:-

Data Protection and Freedom of Information advice - ICO


Download a complaint form from the ICO's website.

[thellama]

Re: What to say in a complaint?

I didn't notify the dvla of a change of address as i moved 6 months after the car had been scrapped. The vehicle log book was handed over to the scrap yard when they collected the car.

Thanks for the link to the ICO. I will take a look.

[bluebottle]

Re: What to say in a complaint?

I didn't notify the dvla of a change of address as i moved 6 months after the car had been scrapped. The vehicle log book was handed over to the scrap yard when they collected the car.

Thanks for the link to the ICO. I will take a look.

In that case, DVLA are at fault, as dismantlers who are linked electronically to DVLA inform DVLA via that link.

[labman]

Re: What to say in a complaint?

Do you by any chance still have the Certificate of Destruction issued to you?

[thellama]

Re: What to say in a complaint?

Yes, i do indeed. It was lucky i kept it as until i gave them the reference number and date of issue of it they wouldn't believe that i had been issued one.