Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
hello all, im new on here so forgive me if im posting in the wrong place.
I was clamped two weeks ago by equita.. for outstanding tickets that the previous owner owed.
3 weeks ago I had purchased the car.
dvla had not yet updated there records i guess and the log book arrived only a few days ago, dated the day i purchased the vehicle which is before the date of the clamping incident. i paid £550 as i was told that they would take my car and sell it in auction. the b******s would listen to anything i said just demanded the money im 9 months pregnant and was on my way to a maternity scan, ut they didnt give a damn about that either.
Your first action is to send them a copy of the V5 with the date showing when you aquired the car and demand a total refund by recorded letter.
If they do not respond or do not come back with a cheque then your next letter should give them 10 days in which to refund and be headed 'letter before action'.
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is it likely they will refund me the money without very much hassle and probing??? as im 9 months pregnant and cant run around too much ... but am willing to try, just feel very angry that they took my money and could see i was pregnant and distressed.
is there anything else they will ask me to provide as i would like to send this in with the V5 to avoid prolonging the situation will they ask me for any other paperwork , insurance, tax mot, ...... i know i sound silly right? but you never with these hyenas.
If it was a private company then also make a complaint to the Police - this is theft.
TFT
09/07/09 Business Studies BA(Hons) 2:1
eCar Insurance overpayment - £325
Settled in full - 15/09/08 NatWest Student A/C bank charges - £260
Settled under hardship scheme - 08/06/09 Natwest Business A/C bank charges - £60
Settled in full as GOGW - 20/04/09 Santander Consumer Finance late payment fees - £60
Part settled for £48 - 01/03/08 Peugeot Finance late payment fees - £50
Settled in full before county court hearing - 01/09/09 Peugeot Finance overpayment of £247
Settled in full - 01/12/08 Valley Leisure - complaint about collections agent
£160 part refund of gym membership in compensation - 01/02/09 HFC Bank - complaint about payment deducted from my account on wrong date
GOGW £10 - 01/05/09
Yes, I support lamma here - get in touch with the press - these cowboys really need to be shut down.
09/07/09 Business Studies BA(Hons) 2:1
eCar Insurance overpayment - £325
Settled in full - 15/09/08 NatWest Student A/C bank charges - £260
Settled under hardship scheme - 08/06/09 Natwest Business A/C bank charges - £60
Settled in full as GOGW - 20/04/09 Santander Consumer Finance late payment fees - £60
Part settled for £48 - 01/03/08 Peugeot Finance late payment fees - £50
Settled in full before county court hearing - 01/09/09 Peugeot Finance overpayment of £247
Settled in full - 01/12/08 Valley Leisure - complaint about collections agent
£160 part refund of gym membership in compensation - 01/02/09 HFC Bank - complaint about payment deducted from my account on wrong date
GOGW £10 - 01/05/09
is there anything else they will ask me to provide as i would like to send this in with the V5 to avoid prolonging the situation will they ask me for any other paperwork , insurance, tax mot, ...... i know i sound silly right? but you never with these hyenas.
I hope you are not thinking of sending an original V5 document to them. Do not let this out of your posession.
They should require nothing other than this to prove you are the owner. In fact, if you had had a bill receipt for the car at the time of the clamping, that should already have been sufficient proof. Remember, the V5 only shows who the registered keeper is, NOT who owns the car (although they are often assumed to be the same).
Whether the car has a MOT or not, or whether it is insured is none of their business and they should return your money directly on receiving proof that the outstanding PCNs are nothingto do with you. I doubt they will be so swift to do so though and would follow the advice of lamma and TFT also.
thank you all, i will scan the V5 document and send it to them see what the vultures say, then i will let you all know what comes about ....wish me luck that was my pushchair money. :<
I really think a criminal complaint should be made about this. If I buy a car and the previous owner has used it in a hit and run - I would not be prosecuted as it is not the car that has committed the offence. The same principle applies. The car itself did not park in breach of the parking terms; therefore, it is the person that was in control of the vehicle at the time that should be held to account (the legitimacy of PPC's is a whole other issue). As you were not the owner at the time you have had your money extorted from you - seriously get down the police station.
TFT
09/07/09 Business Studies BA(Hons) 2:1
eCar Insurance overpayment - £325
Settled in full - 15/09/08 NatWest Student A/C bank charges - £260
Settled under hardship scheme - 08/06/09 Natwest Business A/C bank charges - £60
Settled in full as GOGW - 20/04/09 Santander Consumer Finance late payment fees - £60
Part settled for £48 - 01/03/08 Peugeot Finance late payment fees - £50
Settled in full before county court hearing - 01/09/09 Peugeot Finance overpayment of £247
Settled in full - 01/12/08 Valley Leisure - complaint about collections agent
£160 part refund of gym membership in compensation - 01/02/09 HFC Bank - complaint about payment deducted from my account on wrong date
GOGW £10 - 01/05/09
Ok. so an update is due.
I sent off the V5 scanned copy by email, called many times in the past 4 weeks to make sure they got it, but guess what?
Karen fowler is only working till 1pm
karen is away from her desk
karen is on holiday
karen karen karen
so finally today someone picks up and actually talks to me .......
well, she says we have recieved your v5 documentation, and because the date at the bottom of the v5 is the beginning of march (the date DVLA updated their records, even though it states that i became the new owner end of jan..... dvla did tell me it can take as long as 6 weeks to update there records)
anyway now she wants proof of payment in the form of my bank statement showing the money left my account and went to equita and
proof i was insured when i became the owner of the car, to prove i obtained the car in january.
Then she tells me IF your claim is SUCCESSFUL we will return the money to you........
SUCCESSFUL??????? F*** U !!! i thought. nearly £600 off a pregnant woman you sons of you know what.
sorry im really angry and actually against swearing.
ps sorry about bad grammer punctuation and spelling im feeding my 2 week old son.
they like to keep their ill gotten gains for as long as possible. A sort of 'loan'.
disgusting behaviour by them, the date of transfer of ownership on the V5 should be more than enough.
Insurance request is irrelevant In my view. there is NO requirement for that
(pat, you agree ?)
You have made a valid case and given them proof of the person 'appearing to be the owner' - that is ALL that is required.
I would tell them where to get off and issue the lba, take them to court and get costs and interest on the money. and get the press ready to report it.
I take it this is TfL and so Capita doing the processing ? (Capita owns equita - co-incidence NOT)
aparently they collected the money on behalf of barnet council for unpaid parking tickets. of aprox £120.00
but bumped it upto £600.
£480 is that really how much it costs to hire to over weight uneducated people in a van eating sausage rolls driving around, in and about london in a camera vehicle picking up registrations of cars with unpaid fines.
Don't Capita do the TV License enforcement as well?
TFT
09/07/09 Business Studies BA(Hons) 2:1
eCar Insurance overpayment - £325
Settled in full - 15/09/08 NatWest Student A/C bank charges - £260
Settled under hardship scheme - 08/06/09 Natwest Business A/C bank charges - £60
Settled in full as GOGW - 20/04/09 Santander Consumer Finance late payment fees - £60
Part settled for £48 - 01/03/08 Peugeot Finance late payment fees - £50
Settled in full before county court hearing - 01/09/09 Peugeot Finance overpayment of £247
Settled in full - 01/12/08 Valley Leisure - complaint about collections agent
£160 part refund of gym membership in compensation - 01/02/09 HFC Bank - complaint about payment deducted from my account on wrong date
GOGW £10 - 01/05/09
What a pack of merchant bankers. They have no grounds for clamping. As they clamped on behalf of Barnet then make a complaint to the chief exec at Barnet Council as well.
I would sue the richard craniums at equita and name Barnet Council as co-defendents.
Make sure you get the press on the case. Watchdog are on their high horse about clamping so they may well be interested. Make them squirm.
Just an after thought - make sure you claim interest from the day of the clamping. The interest awarded by the courts is 8% p.a.
------------------------------------------------------------------------------------------------------------------------------------- This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm. --------------------------------------------------------------------------------------------------------------------------------------
Get on to the local TV company tomorrow without fail. Get them on this and you'll have your refund and a bunch of flowers to boot by dinner time I'll bet.
I would without question be suing the council and the clampers. this has obviously caused you great distress.
Just reading it made my blood boil. 9 months pregnant, on your way to hospital. What kind of low down scum from hell are they?????? Lucky you aren't my mrs, I would have put my car onto their desk - literally!
Insurance request is irrelevant In my view. there is NO requirement for that
(pat, you agree ?)
Absolutely. It is no business of theirs whether you have insured the car or not.
What would they expect you to do if you had bought and registered it, but somebody else (partner?) was the only driver?
I would tell them where to get off and issue the LBA, take them to court and get costs and interest on the money. and get the press ready to report it.
I take it this is TfL and so Capita doing the processing ? (Capita owns equita - co-incidence NOT)
I also absolutely agree with this.
Don't play their games. Send a letter clearly marked as "letter before action" requiring that they repay the monies forthwith and that you have provided sufficient proof (ie acceptable to a Court) that you were neither owner nor RK when the original penalties were issued. Give them 14 days to act and then issue Court papers without further warning.
clamped for previous owners fines
.. for outstanding tickets that the previous owner owed.
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Business Studies BA(Hons) 2:1
Originally Posted by nooni
