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.
My daughter bought a car after seeing it advertised in Autotrader. She had saved hard for months, going without as she did not want to take out any form of credit. She and a friend travelled 200 miles to view the car and intended to do hpi check when they got the reg no. However, the owner showed them a recent hpi check which was clear (last few days) and so, in hind sight not good idea, did not bother. The following day she went to DVLA and registered in her name with her own number plate.
6 days later she received a letter from mobile money (quoting original plate) saying that they actually owned the car and to ring to make arrangements to give it back. Her brother rang them and asked how they knew her name and adress but they would not say. Had the seller given it to them? ?
Two 'heavies' came to the house with a 'court order' - blank piece of paper with serial number! Luckily her friend arrived and drove her car away. They then continued to harass her in work by phone and walking up and down the road outside until they were threatened with the police.
A couple of weeks later my son heard someone messing with his sister's wheels at 5am and thinking they were being stolen rang the police.
Turned out to be bailiff wheel clamping the car in readiness for someone to pick it up later. When we told him the story he said Mobile Money should have got her to fill out an innocent persons report and gone after the person who had sold her the car. He said he would arrange this as soon as the police arrived. When the police arrived however he changed his story and said that he was within his rights to clamp the car. The police persuaded him otherwise and the clamp was removed. We have since hidden the car. She has been to a solicitor who has said that she can go to court, there is a 50% chance that she will win but that the legal fees could end up as much as the car is worth!!
Can anyone help especially in relation to the 'innocent persons report' the bailiff mentioned?
Can anyone tell me how I find out if this firm are within their rights to take the car or even put an entry on HPI against the car? As my daughter bought the car off someone else (who it appears bought it off the person having the loan) we have no idea what the agreement says. She has been to a solicitor who wrote to the firm twice asking for copies of documentation but they did not reply but the visit from the bailiffs early hours of the morning with a clamp was two weeks after they would have received the first letter! The next step would be to go to court but as it has cost her almost £300 in solicitors fees up to now and solicitor says 50% chance she might lose really don't know what to do for the best!
On threads re Log Book Loans members are talking about CCLicence - any way i can find out if Mobile Money have one? I've looked on their web site but they don't mention one.
Mobile Money
wheel clamping the car in readiness for someone to pick it up later. When we told him the story he said Mobile Money should have got her to fill out an innocent persons report and gone after the person who had sold her the car. He said he would arrange this as soon as the police arrived. When the police arrived however he changed his story and said that he was within his rights to clamp the car. The police persuaded him otherwise and the clamp was removed. We have since hidden the car. She has been to a solicitor who has said that she can go to court, there is a 50% chance that she will win but that the legal fees could end up as much as the car is worth!!
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