drakes...HELP

specialk · 3rd February 2007, 10:42

Hi,i brought a car 2 weeks ago and was told it will pass M.O.T. We took the car and it failed,as we new the person who sold it to us he was sorry and said they will sort the M.O.T out. Now Thursday we went to collect the car we was told by the person that they gave it to us that his friend was taking the car for MOT (getting to main part)this person had outstanding fines and DRAKES took the car.We went y.day with all the right paper work to get back the car and was told we could NOT have the car back,we could not get our belongins out.The car has my boyfreinds work stuff in there and still they were not allowing us any access.All they could say was get a solicitor or pay the 2,500 fine(well thats not how polite they were)oh and to get our possessions out the person with the fines should be present.we got there at 11.30 and left 3pm. We were given a complete run around.The fine is not mine nor the pervious owners so how can they do this. We want to go to Head Office today to get my car but what are my rights and where do i stand legally.this can not be right!!And i saw the whistleblower so i now how dodgey these peolpe are

demon_x_slash · 3rd February 2007, 12:21

If you have all the documents and can prove that you own the car, I would personally make a trip down to your local police station and report it as theft. Drakes have no authority to hold the car or the possessions in it if the car does not belong to their debtor. Get a crime number, get the police down there, and try and sort it that way. If the police aren't too interested in going down there (don't be surprised), insist on a crime ref. number, then get a letter down to Drakes. Make sure the crime ref is in the letter, tell them that you've reported their unlawful (hmm, illegal?)impounding and expect your property and its contents to be returned to you immediately.

LondonPam · 3rd February 2007, 12:21

If you have the receipt and your part of the V5 document then they should release the car to you. The DVLA should, by now, have received the sellers part of the V5 with your details on, call them to double check this and let the bailiff company know this.

specialk · 3rd February 2007, 12:30

we showed all the above and more,even insurance,bank statements ect it was terriable. we got the car on the 21st and this debtor was stopped on the 24th and so they say the dates dont add up.we had ownership /v5 of this car BEFORE this person was stopped. plus it as I kept saying to them is NOT my debt Im so angry and the people are sooooo rude too.thanks will go to police now

specialk · 3rd February 2007, 19:10

hi,well I went to the police station as the officer was real nice but unfortuatly said that the police can not help as it is a civil matter,that we need to go to the county courts(by which these idiots would of probably sold my car)any more advice please

demon_x_slash · 3rd February 2007, 19:57

You need to go back to them - this is NOT a civil matter! It would be a civil matter if they had taken your car in payment of your debt; these guys have taken your property in relation to someone else's debt.

Can some legal eagle on here please suggest a term that the OP can use to kickstart the police into action - theft (permanently intentionally depriving OP of goods), demanding money with menaces...? I would at least go to them again and make a complaint about how this has been handled.

Did they give you a crime ref at least? Honestly, I despair.

MizzPiggy · 3rd February 2007, 21:20

Where to begin.

Ok...firstly, the fines are not yours so it is illegal to levy on items when you are not the debtor.

You have all your paperwork and with that need to proceed to court.

It costs £35 for an application to the court to have your vehicle released. You will need to file on grounds of Illegal Distress. Illegal Distress is where the warrant and paperwork is not legal/meaning the debt is not owed by you however they have levied.

You will need to put a statement together with your documents and ask for the court to accept the matter as urgent. If you would like a blank statement form, email me and I will send you one via email in return and if you need any help putting it all together as it may appear daunting as a process, please feel to get in touch.

Alison

MizzPiggy · 3rd February 2007, 21:22

One last thing......

Theft - yes it is theft, but the police with frustration from our side, will see it as a civil matter. It isn't which we all know.

The definition of theft - is the intent and the act. Once they are aware of it being a car that a debt is not owed by you, the intent is there to permanently deprive and it is, to all rules of law theft...if only the police, would see it this way.

It is something that needs to be addressed!

demon_x_slash · 3rd February 2007, 22:58

It does seem to be a recurring problem; as soon as one mentions the word 'bailiff' or 'debt' the automatic response seems to be 'Argh! Civil matter!" and much waving of arms. Illustrated rather famously by that Whistleblower program where the police turned up and told a woman that she was liable for someone else's debt (sister?) and that it was better to pay up (!). Serious re-training, or specific training, needed methinks.

specialk · 5th February 2007, 11:58

Hi did not get a crime number as we were told to go to the courts.ok gonna go back to the ploice station and the courts. We are writing a letter to bridgeman house,
sun street,waltham abbey,essex en9 1el which we found are the parent company to drakes. wanna kick ass real bad.

demon_x_slash · 5th February 2007, 12:12

Good, go get 'em.

Remember, they have stolen your property - they had no right to take it and no right to refuse to give it back.

It's yours, and you're going to get it back, and you won't take no for an answer, because you know that you are in the right.

Pep talk over. Good luck.

i_spam · 5th February 2007, 12:34

If you have the paperwork scan it on to photobucket.com and then put a link here omitting your add and any identifying information.

MizzPiggy · 5th February 2007, 19:15

Just to change my private email to you, I have checked and the Bailiff that collected is in fact NOT registered to Drakes.

Under Section 12 of the Certification rules they must be registered to work for the Company they represent.

You may have good grounds here to go forward with further enquiries and a complaint!

If you would like more information, please email me. It appears there are several names that match, but I can assure you none at this point that relate to Drakes. Do you have a first initial?????????

When we first looked at the register it was deceiving as it appeared that there was a person with that name, however they were last certificated in January 2005 so doubt this is the same person so the actual initial is important.

Alison

specialk · 6th February 2007, 17:33

what the balilffs was using a different name :o actually why should I be shocked. Also the court said not to bother with the police,shall I or not??He said because they are a legal firm.i laughed and said u mean ILLEGAL!

specialk · 6th February 2007, 17:45

Hi,sorry didnt think,this thing has got my head all over the place. My address is.....
Also you mentioned it cost £35 for an application to the courts to have my vechile released but is that any court or do I have to go to the court that sent the bailiffs.
I tried one last time to speak to Drakes and the manager MR C..... did ring back I was ploite and basically told him it was theft.illegal and can not keep me from my stuff you know he had the cheek to say(about the only thing he did say)was the car was not mine when I said the above stuff about I sent my v5 plus being illegal ect you know the man hung the phone up. If feel so strongly about this company,even after the whistleblower how comes they are still doin the same illegal practises,which while I was in the car pound in Edmonton I heard the same illegal stories being told STILL.

i_spam · 6th February 2007, 19:00

this is an idea. Goto the companies house website and you can for £1 find out where the director etc lives. Write to them. i have just checked a company i was intrested in and i have a listing of their director and secrataries home adresses. This is public information.

comanche · 6th February 2007, 20:03

My view (and this is an area where my knowledge is very limited) is that you should go back to the police over this. It's absolutely disgraceful that they have refused to take any action.

If they continue to do so I would contact your Member of Parliament and ask them to intervene.

spotnot · 7th February 2007, 12:29

If you want the names and addresses of the directors etc, I can get them for you free.

Let me know

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