Legal advice

**Russ** · 06-07-2007, 11:37

I'm hoping someone can point me in the right decision as government red tape is cutting away at my will to live.....

2 months ago I wrote to the DVLA requesting a refund of car tax. It took a bit longer than I thought it would so I called them up. They reckoned the cheque had already been sent out and cashed.

I knew for a fact it hadn't arrived and certainly didn't go in to my account.

They told me it went to the wrong address - the right building but a different flat number (the flat has been empty for a few weeks) and they'd send me a copy of the cheque "just in case I'd forgotten that I'd cashed it myself"

.

When it arrived I could see it had been paid in to a different bank to my own and my signature had been forged on the back.

The DVLA said I'd need to go the police, report the incident, get a crime reference number and they'd send me a cheque for the full amount.

I went to the police who told me the DVLA have to report it for them to instigate an investigation.

I then called the DVLA who told me they won't do that as they don't get involved - they say all they can do is a bank trace to get the money back and then send it out to me.

Well that's just fine but someone has forged my signature and no-one seems to want to help me prosecute him/her!

Anyone know which way to turn? The police won't act without the DVLA and the DVLA say they don't get involved.

**Graham M** · 06-07-2007, 11:44

Have you tried your bank?

**Russ** · 06-07-2007, 11:45

It's nothing to do with my bank.

Acathla · 06-07-2007, 11:46

I don't know where you stand legally but as I read it, both you and the DVLA have been victims of fraud. As a victim of fraud, you have the right to pursue a criminal investigation.

Maybe the DVLA don't want to get involved as it's a case of costs - very sad that they would let someone get away with this, but I would have thought the Police need to get involved in your complaint.

Question niggles though, if the cheque was in your name, how did the cheque get cashed in an account not in your name?

JediMaster · 06-07-2007, 11:55

Quote:

Originally Posted by Russ B

Anyone know which way to turn? The police won't act without the DVLA and the DVLA say they don't get involved.

Russ give http://www.consumerdirect.gov.uk/ a ring. They are amazing (well what I've needed has ben Top Notch service) They can assist & point you in the correct way.

Hope you get it sorted soon. Cant belive Police wont do a thing. Does not matter who issued Cheque, as long as someone comitted Fraud (faking your signiture) then that is a crime.

Wicked_and_Crazy · 06-07-2007, 11:56

My understanding is that the DVLA dont need to report the crime. You should report the crime as the crime is against you and not the DVLA. As far as the DVLA are concerned, they have paid out, they now know its to the wrong person. However its you that has lost out and its you that has had your identity forged and therefore its your right to have this investigated by the police.

You could always approach the bank where the cheque was cashed.

Mr Angry · 06-07-2007, 12:03

Email Ian Broom csm.dvla@gtnet.gov.uk telling him about this - not forgetting to point out the irony of his colleagues' apparent disinterest given the link on his Department's website front page under "External links" which brings you to the Government's Identity Theft site.

Good luck.

**Russ** · 06-07-2007, 12:04

Quote:

Originally Posted by Wicked_and_Crazy

My understanding is that the DVLA dont need to report the crime. You should report the crime as the crime is against you and not the DVLA. As far as the DVLA are concerned, they have paid out, they now know its to the wrong person. However its you that has lost out and its you that has had your identity forged and therefore its your right to have this investigated by the police.

But they won't start an investigation unless it's instigated by the DVLA.

Quote:

Originally Posted by Wicked_and_Crazy

You could always approach the bank where the cheque was cashed.

I tried - they stopped short of laughing me out of the building.

Wicked_and_Crazy · 06-07-2007, 12:06

Quote:

Originally Posted by Russ B

But they won't start an investigation unless it's instigated by the DVLA.

I dont understand that as the crime has been commited against you

You could make a complaint against the DVLA for not instigating the investigation. LAst time i got a tax disc refund they paid it directly into my bank which avoids this issue

**Russ** · 06-07-2007, 12:07

This is what I don't understand either.

Anyway I've notified a solicitor mate about this and he'll get on to it next week. In the meantime I'll try Mr Angry's good idea.

etccarmageddon · 06-07-2007, 12:17

put in a complaint to the police complaints authority or whoever you complain to when the police fail you.

**Russ** · 06-07-2007, 12:19

OK an email has been sent to Ian Broom - let's see what happens.

Saaf_laandon_mo · 06-07-2007, 12:25

I still dont understand how a cheque named to you can be banked into someone else's account even if you have genuinely signed the back of it. I was under the impression this cannot be done anymore, as I have had occassions when my bank has refused to do this for me, saying its illegal.

**Russ** · 06-07-2007, 12:26

I was under a similar impression but all I can assume is the cheque didn't have "account payee only" on it.

superbiatch · 06-07-2007, 12:44

Quote:

Originally Posted by Acathla

Question niggles though, if the cheque was in your name, how did the cheque get cashed in an account not in your name?

Possibly through one of these dodgy cheque cashing companies who charge a fee for it? All's it would take is some fake ID