Jump to content

rental company

Registered Users

Change your profile picture
  • Posts

  • Joined

  • Last visited


1 Neutral

1 Follower

  1. hello again angelsmile The first payment you made is such a large amount it is hard to see how Barclays or anyone else could reasonably assume it is anything but a deposit. I would try and find the documentation, and definitely get your solicitor to write a letter to Barclays. The HPI register alert is only there to flag up the vehicle if you try to raise finance against it or you try and sell it and someone checks on the register. Barclays do hold title to the vehicles so in theory can register them as stolen.... BUT here's the kicker. Go to your local police station tomorrow, take all the paperwork you can relating to the agreements and the hire firm going bust, and explain that at the moment you are trying to negotiate with Barclays and the administrators. Explain that the vehicles are insured under your own policy (take the certificate) and that the vehicles have not been stolen or lost, and that the issue with Barclays is completely civil and not a case or criminal theft. Tell the police to make sure that your statement is attached to the police national computer, so taht if B does report them as stolen, its flagged as a civil dispute and that they aren't actually stolen. Write again to barclays explaining what you have done, quote the police reference, and state that you believe it is triable issue, ie. it needs to be decided by a judge. Again you should discuss this with your solicitor. Good luck
  2. hello again your contract takes precedent over the administration of the company and barclays. You either need to be bought out or run the contracts length. Barclays do want to cut their losses and liquidate the vehicles immediately as it draws a line under the matter, but you still cannot be bullied around. I would recommend going to a solicitor and asking them to write a letter on your behalf, will cost around £100 but will be money well spent if you get to keep the vehicles.
  3. Originally Posted by tomtubby MAL. This is serious because although the levy is against a car not owned by you, you would have been charged a "levy fee" and possibly also an "attending to remove" fee as well. The bailiff i allowed to assume that goods are yours and the onus of proof is on YOU to prove otherwise. This requires a Statutory Declaration to be signed. TT - surely the bailiff has to be reasonably certain that the goods do belong to the debtor - otherwise they could willy nilly put registration details down on paperwork? Although the ownership of vehicles can be ascertained easily enough with teh logbook, surely the bailiff has a duty of care to check ownership if he intends to remove it in the absense of the debtor by checking with the police or dvla computer? Please advise out of interest
  4. Hello CPS Write the letter to Newlyns about the fees and include the following: 1) Request times and dates that previous visits were made. Ask for the name of the bailiff, the court where he obtained his certificate, and any evidence that he actually visited. This could be a print out from his GPS tracker (some of the vans are fitted), a written statement from the bailiff, or any other corroberating evidence. 2) Request the dates that the letters advising you of the debt were sent, and the addresses they were sent to. 3) Request a copy of the screen printout of your account history - Newlyn keep a meticulous record of when things are done, when fees are added etc. 4) Request a full breakdown of the fees, what they are for and for how much. The bailiff should have provided you with an itemised receipt at the time you paid - this should match what Newlyn provide Finally send the letter recorded delivery (get the signature from Royal Mail). when they reply with a breakdown of the fees please post them on here so TT or other people in the know about fees can comment. Regards the phantom visits - if Newlyn fail to provide evidence that the bailiff visited, use this in your complaint. When you have all the information from Newlyn you can use it in the formal complaint. Finish the letter with something like 'I expect to receive a reply to this letter within the next fourteen days'. If you don't get a full response consider issuing a subject access request or just file a complaint at court stating that Newlyn are being obstructive. Please keep us up to date with developments. Hello Mal64 Unlike parking tickets where bailiffs are enticed by commission to inflate their fees, council tax enforcement fees are very strictly set out. The only fees you are required to pay are visit fees - ie the £42.50 fairplay77 quoted - as the bailiffs have not gained access or levied on any of your possessions. I would write a letter stating this - copy the relevant wording from the law from the templates bit of this excellent website - and enclose a final cheque of £42.50. Make clear this cheque is for full and final settlement of the matter, and that if Newlyn cash the cheque they accept this fact. I would also write on the reverse of the cheque your council tax reference number and that it is final settlement of all outstanding enforcement fees. Hopefully that will put an end to it. If it doesn't, I would strongly recommend complaining at the court against the individual bailiff and the bailiff firm, as you have a rock solid case (council tax fees are statutory and not open to interpretation, the bailiiff levied improperly on someone elses property, the bailiff company are trying to extort illegal and improper fees from you, the bailiff failed in his duty of care to you under the data protection act by leaving 'seizure notices' open to general view etc). Regarding the council employee, most council employees (with some notable exceptions obviously) are second rate and wouldn't survive long in the private sector. The ones I have come across in the parking sections of councils seem to take the attitude that parking offenders are criminals who should be punished, and the ones that challenge tickets are troublesome. I can't really stand the hypocrisy of the situation - people parking cars in town centres etc are usually going shopping or conducting business or spending money in one way or another - in shops, offices, bars - who all pay council tax and non domestic rates - which funds the councils in the first place! Anyway I digress. I strongly recommend anyone who has been affected by a bailiff to complain to the courts - it's easy, free, and will help remove the bad apples from the rest. Just like bank charges, if enough people complain someone high enough up in government or the civil service will take note and change will happen. Complain and share your experience on CAG rental company
  5. Hello again sounds about right. Barclays will now know the rental firm is in administration and under their finance agreement with the rental firm they are entitled to end their finance agreement and recover the vehicles. HOWEVER as previously stated the contract you made with the hire firm still stands and either needs to be honoured, or you need to be bought out - ie have your deposit returned. Now you know who you are dealing with contact both the administrator and Barclays and explain your situation. You'll need to fax both copies of the lease agreement, and put a covering letter proposing to either carry out the contract to the end, or return the vehicles subject to getting your deposit back. Barclays have a good legal team you can contact, there asset finance office is Churchill Plaza, Basingstoke. contact numbers can be googled. You can try talking to the repo men as well but as they are not Barclays employees they only get paid if they recover the vehicles so they probably wont be interested in what you have to say. Let me know what the administrator says, but legally speaking the contracts entered into by the hire firm before going bust, be it customer contracts, employee contracts etc are still live but are being administered by the court, and it is them that have to sort them out. Again sorry for your inconvenience you have suffered, its a bit like the people who rent and then haev their landlord get repossessed and they get kicked out. Finally meant to say earlier the repossession agents are not bailiffs and you need not assist them in any way if you don't want to. They are contractors working on behalf of Barclays and if you choose not to help them then that's your choice. If however at some point the court orders you to return the vehicles then you must comply otherwise you could be jailed for contempt of court. Please keep me up to date.
  6. Hello Angelsmile this is happening more frequently than you would imagine - car and van rental is a risky business! Your situation and outcomes is one of two scenarios: 1) You have signed a flexible leasing agreement with the hire company, detailing the two year payment plan and the deposit amounts etc. The document must conform to the Road Traffic Act to actually be legal (Most hire agreements are only available up to a limit of 180 days, yours must state it is for a longer period). You are more likely to have entered into a flexible lease if you have taken out your own insurance policy(ies). If you are using the hire firms insurance then in all probabilities you are not on a flexible lease. 2) You are spot hiring the vehicles, and although you have paid the deposit up front and signed what looks like a two year deal, in fact it will be rolling over every month or so and renewed at the hire firms end. This sounds more likely, especially as you say you haven't signed agreements which is very unlikely for a flexible lease. If 1) applies then you are fine. The administrators/liquidators of the hire firm have an obligation to honour existing contracts, or buy you out. You have signed a two year deal, and the vehicle is yours, providing you keep up your end of the bargain and pay promptly etc, they can't take it back. Most hire firms have their vehicles financed, and it is that finance company who is now seeking to repossess the vehicle - if 1) applies to you contact the administrator or finance company and explain the situation. They will allow you to see out the term of your agreement if you are paying promptly - effectively they take over management of the contract you had with the hire firm. If 2) applies you need to return the vehicles immediately. If the hire firm has only spot hired the vehicles to you, they are not yours to retain and at any time the hire firm, the liquidator or administrator, or court order can take the vehicles back. As the firm is bust you are unfortunately unable to claw back your deposit - the monthly payments you wouldn't get back anyway as you have enjoyed the use of the vehicles. If 2) applies you should contact the adminstrator and register yourself as a creditor and see if you get anything back. If at a later date you can show the hire firm gave you the vehicles in bad faith - ie. they took the deposit off you when they knew they were going bust soon - you may be able to get the police involved against the proprietors for wrongful trading, but this is always a longshot. If 2) applies and you take the view that you'll keep hold of the vehicles and just not pay the monthly installments until you have recouped your deposit, then be warned that if the company is in adminstration/liquidation the court dealing will authorise repossession orders / return of goods orders and the police will pull you and your drivers over as they will show up on the lost and stolen register. You would not be able to plead ignorance as the repossession agent who has been in contact with you will inform the court of this. Ordinarily the police don't get involved in repossessions, but when a company is going through the insolvency courts the judge can order the vehicles as effectly being 'stolen'. I hope for your sake its option 1, but if its option 2 then I'm afraid you've probably been burned. Regards Rental Company
  7. Hello again GBI Sorry for not getting back to you sooner. It's disgusting what you have experienced. I'm not suprised the bailiff was apologetic and sorry when he saw you - he knew he was in wrong both morally and legally! Even if it is his new job he would have been trained and should have a decent moral compass in any case. My complaint is still proceeding and I should shortly have a hearing date. Newlyn have filed a statement denying the claims, ie. that they have attended etc but they haven't provided any evidence, such as statements from the individual bailiffs or GPS tracking etc. I would have guessed they could have killed the complaint dead immediately if they have any of this evidence, which of course they don't. I'm going to PM you later on today with more details. Is there anyone else in the forums with direct experience of Newlyn and being overcharged by phantom visits or fees? Please reply to this post, as it all adds weight to the argument that Newlyn are acting illegally and fraudulantly. Rental Company
  8. Hello GBI Newlyn are terrible at inflating their fees. Its good that you got the Stat-Dec lodged, because as soon as that is received by the TEC then the warrant is automatically suspended. The bailiff returning to clamp your car is grounds for you to complain against him personally using the Form 4 procedure, as he has levied illegally (ie. without the power of a warrant behind him). My hearing against the directors of Newlyn is currently at Northampton County Court at the listings department, waiting for a hearing date to be arranged. I'm guessing with the current backlog the hearing will be in around 3-5 weeks. If you want to send me more details by PM we can go through the complaint form together, and if you wish, you can come with me to me hearing and have your complaint heard at the same time. The problem is there are many good, law-abiding bailiffs out there, and being a user of county court bailiffs and high court enforcement officers to collect trade debts owed to me, they generally do a good job. However there are lots of bad private bailiffs working for firms such as Newlyn, and unless people actually start writing to and attending court to complain and attempting to have certificates revoked, the problem will not improve. I don't want rid of bailiffs per se, just the bad core. If anyone has a genuine complaint against the behaviour of a bailiff - be it the way they acted or the inflation of their fees or claimed number of attendences etc - I strongly urge you to complain to the court. It doesn't cost anything apart from the price of the stamp, and as long as your complaint is real there is no risk of you paying the bailiffs legal fees (The legislation -Distress for rent rules - makes no mention of who's liable to pay the bailiffs legal fees should he choose representation, and indeed the process is supposed to be carried out by the complainant and the bailiff themselves without the need for solicitors to become involved. I would assume however that should you make a false complaint the judge could order you to pay costs. That said, it wont actually cost you anything to go to court as there is no court fee, and all you need to do in the first instance is fill in a simple complaint form, and then attend the hearing and answer questions.) Anyone considering lodging a complaint - please don't hesitate to post on this thread or PM me! Regards
  9. Yes I've kept all the letters and envelopes, what has been really frustrating is the fact that Newlyn won't disclose the name of the person who actually visited - presumably because no one did. Has anyone got any experience of taking Newlyn to court over phantom visits and having fees refunded for non-existant visits etc?
  10. I have just lodged a complaint in Northampton County Court through the Form 4 procedure against the bailiff director for Newlyn PLC. I have been receiving letters demanding payment for three PCN's, all signed for by the director himself. On each occasion the fees are rising, from £168 to £330+ to £560+. When phoning the company, they state the fees are for visits, van fees, levying distress etc. I work from home, where the letters are addressed to, and have not been visited on the dates and times Newlyn claim to have attended. I have formally requested the names of the attending bailiff, but this has been refused and Newlyn will only state that it was an 'area bailiff'. Therefore I have complained against the director, as he is responsible for his workers actions, and he also happens to sign the letters demanding the money personally. These letters are all sent first class post from their northampton offices. My complaint will be posted on here in full shortly. The form was sent to teh court last week, what I was wondering was is there anyone else who has blatantly been defrauded or tried to be defrauded by Newlyn? I am looking to prepare a case file of examples of where Newlyn exaggerate their fees and then try to obtain these from unwitting debtors. My view is very much along the lines that for however many people kick up a fuss and get the fees back, there must be many more who don't and just pay over the full amount demanded. I want to ultimately have the certificate of the director revoked because he is either unable to control his workforce and stop them from issuing fraudulant demands for money (in which case he is negligent in his job) or he actively assists and approves in ramping up bailiff charges and he himself is breaking the criminal law. I am looking for examples which I can quote and refer at the hearing, which will be in the next couple of months.
  • Create New...