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rac1980

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  1. I have now received a response from Equita. They have broken down the costs as follows: Debt: £155 Initial Letter: £11.20 DVLA Charge: £2.50 First Visit: £47 Enforcement/Removal Visit: £225 Card Charge:0.85 VAT:50.16 TOTAL: £491.71 I've already paid £155. Then made a further payment of £250 simply because I found myself checking my car every 5mins incase they take it. Theyve now said they will waive the remaining £86.88 Are these charges justified for 2 visits (so they allege) with no contact?? What an earth constitutes the £225 removal visit charge?? Should I ask for a further breakdown? Pls help me get my money back!
  2. BENNYG If you read my posts properly, i said that I accepted the debt and the reason im in this mess is one reason. ME. Im not at all using my circumstances as a single mum as an excuse, I mentioned that to say I have a lot of commitments that caused me to put this particular debt to one side. wrongly.I shouldve just paid up when it hit 50 or 100 pounds. Absolutely right. What is NOT fair and NOT legal is for these people to first, LIE about coming to my home and two, even if they have visited twice, knocked on my door with no answer..330 quid extra?? for that?? Give me a break. Charge me 50 or 60 or 70 or whatever, but charging 3 times the original for nothing? They're having a laugh. No wait, they're breaking the law. Admittedly, there are people out there who want a free ride. Take as much as they can get away with. But you're mistaken if u think that all people who've had a bailiff calling at their door are lazy, unemployed, uneducated debt avoiders etc. Two weeks ago I had a bailiff from Drakes calling at my home to collect an unrelated PCN. Same scenario, £150 fine, total paid to bailiff: £524. -He clamped the car b4 even knocking at the door -He barged past my mum saying 'let me go to her room' (I was asleep, it was 8am) and this guy was HUGE -My mum had to step in front of him and say 'no u cant go there, her baby is there (I sleep with my baby son)' -when I came down, he LIED saying he would take anything registered to that address when i asked 'even if it doesnt belong to me?' -he pressured me to pay on the spot even when my son was on the stairs, reaching and crying for me -He charged for an ATR the day b4 even though I was PERSONALLY home all day -He charged for the van even though no goods were removed THIS is why we here are united against bailiffs who work unlawfully. Same as we're against cowboy builders and the like. I think, once it gets to a bailiff stage, people finally have to face up to and accept their debt. Most people do. But for them to go and flagrently abuse the law and power theyre are entrusted with is WRONG.
  3. If it was my car, i wouldnt pay and just keep battling it out, but if they take it in the meantime, my brother's gonna kill me. I think im gonna have to just pay up for now grrr 2 weeks pay down the drain. Setmefree, the last letter i've received is that 'since they can't locate my vehicle' (yeah, whatever) theyre gonna come and take my goods for auction. But I assume, if when they come and my car is sitting in the drive, theyre gonna take that first.
  4. thankyou setmefree, this is all i can think about right now, ive even found myself checking the car every 15 minutes lol im thinking of scrounging the money together to pay the bailiff fees and then just continue a complaint and try and reclaim the money. my father paid for the car, but my brother is paying him in installments as it will be his when he passes his test. Thats why im so scared theyre gonna take it, its not even mine. and i dont want to incivenience my brother by parking it far away.. waaaahhh i hate this! (
  5. bennyg13, i have no problem paying my debt. Originally I contested the PCN because of the circumstances, i felt really hard done by. It was rejected, and yes i put the debt to one side as im a single mum, juggling work, school, kid and plenty of other financial commitments. So yes, i WANT to get out of debt and yes i am willing to pay for bailiff fees that are applied to my account HONESTLY. £330 for letters and 2 bailiff visits that havent happened are NOT honest fees, know what i mean. Sorry, but thats 2 weeks wages for nothing If i can collect cards from parcelforce whenever theyve attempted delivery, how can I miss bailiff letters left behind after a failed visit? Answer: I cant miss them. Somebody is home virtually the whole day, and we dont miss mail on our hallway carpet. Finally, its a point of law. The car does not belong to me. HOw r u gonna take that?
  6. ive written this to equita, threatening them not to touch the car: Further to my letter dated 14th April 2007, I would like to inform you that I have written to TFL to inform them of this situation and have enclosed a copy of the aforementioned letter. Whilst this matter is under investigation I would also like to stress that although I am the registered keeper of the vehicle I am NOT the owner of it. This car that you are threatening to auction had been purchased last year from a private seller by my father, registered in my name (since I have a drivers’ license) to be used for the purpose of giving my brother driving lessons. I have enclosed a copy of the contract of sale receipt and have been in contact with the seller who has agreed to cooperate with me in any way to confirm this fact to you. Under the Sale of Goods Act 1979: Rule 4.—When goods are delivered to the buyer on approval or on sale or return or other similar terms the property in the goods passes to the buyer:— (a) when he signifies his approval or acceptance to the seller… And in S.2(1) A contract of sale of goods is a contract by which the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price. Therefore, the legal title and right of ownership has been conferred unto my father which supersedes the right of possession conferred unto me by virtue of the V5 Registration document. It states clearly on the V5 that the registered keeper is not necessarily the owner. Since I do not, by law, own this vehicle that you are threatening to auction, any attempts to clamp or remove it will be treated as THEFT and the police will be called. The Theft Act 1968 defines this offence as the ‘appropriation of property belonging to another person’ and S.5(1) further clarifies that, ‘property shall be regarded as belonging to any person..having a proprietary right or interest.’ (i.e. my father). You are charging bailiff fees and costs that are 3 times higher than the actual debt! Are those costs to be deemed reasonable as required of you by law? I think not. More, disproportionate to the extreme. Considering NO bailiff visits have taken place, this becomes outrageous. Can you kindly forward me the name of the bailiff who is apparently ‘dealing’ with my case and the name of the county court who has issued his certificate. I would also like the dates of the alleged ‘visits’. Again, I request this under the Data Protection Act 1998 and respectfully ask that to comply within the time frame allowed by the said statute. Sincerely,
  7. pps. Herbie, i have none of those things. Not sure when the warrant was issued. She didnt tell me when the visits were made, but i'll find out. And the breakdown of the fees, ive just sent a letter requesting this.
  8. ok, ive been researching this, under the sale of goods act, since my father paid for the car (last year) and we still have the contract/receipt signed by him and the seller, legal title and ownership belong to him. The V5 document merely confers right of possession on me, as it states on the registration document 'the registered keeper is not necessarily the owner.' Surely they cannot take the car if it legally belongs to my dad. Isnt that called theft?? help! p.s. i paid the 155 to equita, she told me the rest of the £491 total was made up of 11 letters and 2 bailiff visits.
  9. wait, i just found the receipt for the car (MY DAD IS THE ONE WHO ACTUALLY PAID FOR THE CAR, he bought it for my brother to take lessons but i am the registered keeper) The receipt states my fathers name and signature, the date it was sold to him and the price. Can they take the car still??
  10. I am being bothered by Equita bailiffs for an outstanding Congestion Charge Penalty. The total debt it £491, out of that, the penalty is £155 which i have now paid. However Im reluctant to pay the remainder which is apparently bailiff fees for 2 ALLEGED visits. Theres no way these people have been to my home twice, no knock on the door, no letters thru the mailbox, and i have already written a complaint letter. In the meantime, i worried about bailiffs turning up. I've already instructed my family to keep the door closed. So here's my main problem: my car. 1) Can I transfer registration of the vehicle to, say, my father, to avoid the car being seized? 2) How about if i write a receipt to a third party/friend to show that i've 'sold' the car, meaning i am no longer the owner? 3) CAn they take the car if im not at home? 4) Can they commence action even the matter is under investigation? Pls help me, i cant sleep!!
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