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Bailiffs and Sheriff Officers Your rights when dealing with bailiffs and sheriff officers


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Old 1st March 2008, 12:05   #1 (permalink)
worriedsick9
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Default Pleas help URGENTLY!

Can someone help me please urgently. ASAP I am on the verge of a nervous breakdown!!!!!!!

These are the recent events.

1. Yesterday (29th Feb) I went to go and get my car. I couldnt find it. So called a number called TRACE who track your car to see if it has been towed by any council or authority. They said there was nothing on the system and report the car stolen to the police.

2. I called the police to report car stolen. As I was giving them the information it came up on their system that it had been towed by a company called JBW on behalf of Hackney council for unpaid parking fines???????

3. I called JBW and was waiting for my call to be answered fro 45 minutes. No-one picked up so I hung up and called the police back as thought they were closed as no one was picking up and it was around 6.45 pm. The police tried to ring them at 8.10pm and said I had missed their office hours by 10 mins and to call back in the morning.

4. I left a message on theior machine last night asking them to call me urgently as soon as the office opened in the morning (today).

5. No one called me back.

6. Called this morning and spoke to someone and they informed me that the car has been taken to auction as of yesterday. He said to call back on Monday to speak to their administration team. He said they have been trying to contact me, I said they havent as I havent recieved any letters from them or the council and I am sure my flat mates would have told me if a bailiff was trying to get into the flat. I have recieved no phonecalls from JBW either.


8. I have never had a ticket in the borough of Hackney placed on my car, thus there was no reason to think that I had commited a parking offence.

9. I have had 3 parking permits for zone H. Thus, I have been to the parking services council office on Mare street in Hackney, 3 times to get a parking permit. So I would have thought when they put my registration in the system something would have come up and they would have informed me of this.

10. I have recieved no mail from Hackney council and no mail from this company JBW.

11. JBW said this morning that they have been trying to get hold of me. This is crap as I said, I have had NO PHONECALLS, NO MAIL FORM EITHER JBW OR HACKNEY COUNCIL. They have said my car has gone to auction and to ring their admin team on Monday morning but the car will most probably have been sold.

Plus I got my most recent parking permit a few weeks ago. Again I would have thought if it had got to this point then when getting my permit someone would have said something.


Please help someone I dont know what to do. I am beside myself with worry.
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Old 1st March 2008, 12:15   #2 (permalink)
Bookworm
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Default Re: Pleas help URGENTLY!

Moving this to the BAiliff forum, you're more likely to get the help you need there.
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Old 1st March 2008, 12:21   #3 (permalink)
Screw The Bailiff
Classic Account Customer
Default Re: Please help URGENTLY!!!

You are the latest victim of the so-called JBW car-ringing scam, JBW are every big on cars. Did they leave you a note and as copy of the warrant? It not then hooray! You got restitution. Do the following - VERBATIM.

1. Contact JBW and pay the whatever they want with a credit card – very important it’s a CREDIT card and not a debit card, DO NOT say anything else to them.

2. Take a camera and go to JBW to get your car back.

3. Collate all costs relating to recovering your car including taxis.

4. Before you get in & drive it, photograph your car showing all dents, chips and any damage.

5. Leave JBW – DO NOT say anything to them; get your car and go.

Report back here when done.
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Old 1st March 2008, 12:46   #4 (permalink)
chris600uk
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Default Re: Please help URGENTLY!!!

JBW & potential legal action against them, HELP!

And read this post while you are at it
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Old 1st March 2008, 12:47   #5 (permalink)
chris600uk
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Default Re: Please help URGENTLY!!!

In fact, you should read the whole thread.
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Old 1st March 2008, 12:48   #6 (permalink)
worriedsick9
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Default Re: Please help URGENTLY!!!

Thanks
Only thing is JBW told me this morning my car was put up for auction yesterday so just have to hope it hasn't been sold already....I can't believe they could put my car up for auction so quickly after only towing it 9 days ago!! Does anyone know how I can claim the money back if the car has been sold??
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Old 1st March 2008, 12:55   #7 (permalink)
chris600uk
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Default Re: Please help URGENTLY!!!

Don't muck about with this guy, act.

Do exactly what Oh Boy did, pm him if you aren't sure.

Read what STB has already said.

What ever you do, make contact with JBW now.

Use every means at your disposal, email, recorded telephone conversations (AFAIK you don't need his consent), post a hard copy by recorded delivery.

Get yourself organised and take control of the situation, you'll feel better if you do.
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Old 1st March 2008, 13:03   #8 (permalink)
Screw The Bailiff
Classic Account Customer
Default Re: Please help URGENTLY!!!

Quote:
Originally Posted by worriedsick9 View Post
Thanks
Only thing is JBW told me this morning my car was put up for auction yesterday
He is just trying to imtimidate you, JBW do that all the time.

Pay him on a credit card, get a receipt showing a breakdown of all his fees, when you fetch your car take a witness to write down everythting JBW says. Say NOTHING back to them, remain CALM at all times.

On Monday phone the council and ask for an Out of Time Stat Dec form - and say NOTHING else to them.

Quote:
Originally Posted by worriedsick9 View Post
so just have to hope it hasn't been sold already....
If they have already sold it then JBW are being plain stupid!

Quote:
Originally Posted by worriedsick9 View Post
I can't believe they could put my car up for auction so quickly after only towing it 9 days ago!! Does anyone know how I can claim the money back if the car has been sold??
Running a head of things, you need to complete the stat dec form from the council first. but. if its sold:

1. You buy a new car like-for-like from a dealership & keep the sales invoice, If you arrange a loan then keep a record of the interest charges.

2. You bill the COUNCIL giving 7 days to pay whole amount including the cost of finance.

3. File a claim against the COUNCIL - do it online - for the cost of the car plus any rental cars & taxis you've needed in the meantime. Do NOT contact the bailiff.

4. If your original car is returned by the bailiff in the meantime, you sell it at auction and deduct the sale value less the cost of the auction from your claim against the council.
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Old 1st March 2008, 14:41   #9 (permalink)
worriedsick9
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Default Re: Please help URGENTLY!!!

I dont have a credit card. I only have a debit card.

What do I do?

I am so scared, will I be able to get my money back? I am also so worried as in the boot of the car were precious photos of my father who passed away and lots of other stuff.

What do I do?

I dont have a credit card.

Plus, I know no onme will know exactly but do you know a rough estimation of how long the whole process will take as I am unwell and recovering from multiple operations and still ill.

I really appreciate everyones advice, I cant thank you enough for all of the help you are giving me.
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Old 1st March 2008, 14:42   #10 (permalink)
Saffronflowers
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Default Re: Please help URGENTLY!!!

You are in very good hands with the info you have recieved but I just wanted to add my support to you.

SFx
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Old 1st March 2008, 19:35   #11 (permalink)
Screw The Bailiff
Classic Account Customer
Default Re: Please help URGENTLY!!!

If you haven’t got as credit card then using a debit card will cost you a lot of consumer protection law especially with the Consumer Credit Act 1974. This enables you to execute chargeback and recover everything from the bailiff when you find an irregularity with his fees, or you were placed under undue pressure by the bailiff to make you agree to the credit transaction on your card. There’s lots of other reasons, too many to list.

Try and ask a friend to let you use theirs and make a promise to pay them.

With debit cards you must be 100% A1 certain you car was lifted through no fault of your own. You have a much harden burden of proof to get a chargeback. You must be sure a ticket was not fixed to the vehicle & you didn’t receive an NTO, a problem with the parking permit that was the councils fault.

If you have no alternative then you can only proceed at your peril with a debit card and sort out the fee irregularities and council errors later.

Report back & we’ll show you how to proceed.
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Old 3rd March 2008, 12:13   #12 (permalink)
worriedsick9
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Re: Please help URGENTLY!!!

I am waiting for my solicitor to call me back. I called him as I have severe depression, recovering from 4 major surgeries since July and have so many doctors appointments, cant really walk properly and have to submit coursework today for uni. I am too scared to ring JBW myself as I know it will push me over the edge health wise.

But going to try and get the out of time stat dec if I can physically get to the council if not in too much pain and its not closed by the time I get there.

I am beside myself and as I said there are precious photos of my dad who passed away in the car, this was before the times of digital cameras so no copies.
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Old 3rd March 2008, 15:15   #13 (permalink)
tomtubby
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Default Re: Please help URGENTLY!!!

I have sent you a private message
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Old 5th March 2008, 01:21   #14 (permalink)
tomtubby
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Default Re: Please help URGENTLY!!!

To anyone watching this post it is VITAL to see a copy of the warrant. In this case it had been sent to an address where this lady had moved from last summer. She correctly informed DVLA of new address. The bailiff company only located her vehicle using the dreaded ANPR.

Out of Time now completed and hoping that bailiff company will co-operate and release the vehicle.
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Old 5th March 2008, 08:47   #15 (permalink)
Screw The Bailiff
Classic Account Customer
Default Re: Please help URGENTLY!!!

When you reclaim your vehicle, use this procedure, keep all expenses & receipts and you reclaim these from the authority that instructed the bailiff - see the warrant. Send one LBA seven days then file in clamm claims track. Dont waste time being fobbed off with excuses by the council.
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