Jump to content


  • Tweets

  • Posts

    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
        • Thanks
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Car SORN awaiting V5 to dispose off council threatening to remove


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2107 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Ok I'll try to keep this short

 

 

Bought a car, broke down still awaiting the V5 and fully intend to scrap the car but will also remove some parts from it before it goes. In the meantime the car is whole and in tact and looks in roadworthy condition with MOT.

 

 

 

The car is parked on social housing landlord car park and is SORN'd, untaxed but does have current MOT. Have had issues with neighbours and ASB for which I involved the police. They have moaned at the landlord saying the car is "abandoned" to get at me.

 

 

The council came out and put a notice on the car last week:

 

 

Polite Notice

Refuse Disposal Amenity Act 1978 (as amended by clean neighbourhoods and environment act 2005)

Road Traffic the removal and disposal of vehicles and regulations 1984

 

 

Reg*********

Make xxxxxx

 

Model xxxxxxxxxxx

 

Colour xxxxxxxxx

 

Location xxxxxxxxxx

 

 

 

Vehicle reported as abandoned, if you have information relating to this vehicle or are the owner/keeper please contact the environmental protection team at xxxx if no information is received by x July the vehicle may be removed and destroyed

-------------------------------

 

 

That is complete there's no date or other details on the notice.

 

 

 

I emailed them immediately telling them the car isn't abandoned at all and up until today I hadn't heard anything from them. I have emailed them chasing up a reply and just got a curt email from someone with no job title saying contact the landowner yet it wasn't the landowner that put the notice on the car that was the council.

 

 

I have no intention of leaving the car there any length of time, i've submitted a V62 to the DVLA to get the V5 as I haven't had one for the car yet and once I have it i'll get a scrappy to collect it. Unfortunately I hadn't acted as quickly as I could've done due to disabilities and ill health.

 

 

So what's the legalities with removing the car in this way how much time do I have? The car is MOT'd until September but is SORN at present and quite happy to get the car gone as soon as I have the paperwork to do so.

Link to post
Share on other sites

Its on private property

The council cant touch it without the landowners permission

Have you told the landowner this?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Social housing car park IS NOT private property.

Its akin to sorn-ing your car and parking it on Tesco's.

Park it on your drive.

 

 

If I had a drive it'd be on it we don't even have a road let alone a driveway. Did I mention it broke down, can't remember if I did now or not but either way I can't move it myself. I will scrap it but the local company wants a V5 (not unreasonably) to collect it and it hasn't turned up yet. I've now done a V62 to request one but obviously this takes time hence the question.

 

The note was banging on about it being abandoned that's all it is talking about nothing else and as I have told them it is not abandoned this notice says nothing about SORN nor tax etc it just literally says it's abandoned and for which I was asking advice especially as it's undated too.

 

 

I have since had an email from someone with no job title just a name saying contact the landowner despite the fact it wasn't the landowner that put the notice on the car

Link to post
Share on other sites

The council cannot take it without the land owners [even if a general one beforehand] permission

 

Same goes for tescos bushy..its private land.

No one even the council can rockup and take it without permission

 

Simply tell the council its not dumped...rich44

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thank you dx100uk

 

 

So that's all I have to do in relation to the notice? I told them immediately that the vehicle is not abandoned it's parked awaiting the V5 so it can be scrapped and i've emailed the landowner to tell them the same. Hopefully the DVLA will respond quickly to the V62 and can get this gone.

 

 

Thank you

Link to post
Share on other sites

Just a quickie, got the car without a v5c. How long ago did you apply via v62 to get it?

As they write to Las known keeper and give 28 days to have them reply.

Grace period of 5 working days either side so it could be up to 38 days before they will process a v5c to you

 

Or was it a lost v5c?

Link to post
Share on other sites

Thanks, it was last week I sent it off. I suppose I might get lucky and one of the other scrappies I have contacted might take it without the full V5C

Link to post
Share on other sites

same as private parking bushy else councils would do the parking ..its private land regardless

… if notified they cant take it

I think someones being a bit nasty here..

 

other option is let them take

why do you need to use the scrapper rich?

they wont pay you anything for it I bet...same outcome:lol:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

there may be somehting in your tenancy about this but if there isnt then the council will have to rely on s99 of the 1984 Road traffic regulation act that gives them powers to remove ABANDONED vehicle from private land if certain criteria are met.

 

so for example, is it in a condition that may cause danger to someone?

The council has to serve papers in a certain way and without a V5 to show you are keeper you may well be clobbered by the 15 days notice period.

 

it makes me wonder what circumstances the council believe give them cause to think it is abandoned as they will have to show why they thiink that is so and just someone reporting it isnt enough. imagine all those classic car restorers having their garages raided just because their pride and joy is in bits

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...