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Found 546 results

  1. I Received a high court writ of control Today. The amount payable is nearly £400 more that the Judgement amount. Judgement Amount = £846.38 Debt owed = £1116.13 Interest =£30.76 Compliance fee =£90 Total sum outstanding =£1236.89 Are these fees correct? I do owe this debt, and was going to deal with it but then stupidly forgot about it. I have been battling high blood pressure problems due to stress resulting in hospital visits. I just need to know how to deal with this so it doesn't stress me out more than I am. I'm a single mum, we live on our boat and have nothing of real value. Any advice is greatly appreciated
  2. Hello Having read a few horror stories, I just wanted to see if anyone could provide some advice to prevent some unwanted Bailiffs turning up. In summary: I used the Dartford crossing and did not pay the £2.50 Dart charge until the day after the following day (c.12 hours of of time) I received a PCN c.2 months later which I admittedly did not do a huge amount with having believed I had paid it and, on a cursory glance, had actually believed was a receipt (...I know...) I then received a charge certificate in October which I did nothing with straight away as I received it whilst out of the country and it didn't get looked at for a while I then received an Order for Recovery which required action by the 27/11/2018 I submitted TE7 and TE9 in the evening of the 26/11/2018 so within time frame Not withstanding the fact I believe I have a reasonable case for the fine being dropped given I did pay, albeit late, and the amount of charge is incorrect, it is now the 18th December, some 22 days after I submitted the TE7 and TE9 and I have heard no further word on the matter. If I need to pay up then so be it but I would like to avoid huge extra costs being lumped on because I have missed some nuance in the process etc. I have my entire family round for Christmas and the last thing I want is bailiffs turning up and distraining the turkey. Are there any preventative measures I can take now? All advice appreciated. Many thanks in advance
  3. Having got some great advice hear about dealing with a CCJ application i was wondering if anyone can help on a CCJ that has already been granted in the court and is now with the bailiff due to me not being able to afford payments. I didn't realise i could defend the claim when it was issued so i think i just ignored it and a CCJ was awarded for £50 per week. I couldn't afford this and tried to negotiate with Restons to reduce but they were unwilling to help so have sent a bailiff round. i told bailiff that i was getting advice from Step Change and was going to fill a court form to amend the order. I havent done this yet as i can't afford the £50 fee and dont qualify for the fee to be dropped. My question is can i try and get the order struck out or ask for information like COA and other documents that i never received during their process? Sorry if this is on any other threads!
  4. Hi, can someone perhaps help. I have CCJ from United utilities, which was being enforced by high court enforcement agent back in September. I stayed the writ using an N244 form as I wanted to offer £150 per month. This was subject to a court hearing where the judge would listen to my instalment offer. Unfortunately I missed that hearing which was today. Is there anything I can do now? Thanks.
  5. First post so Hi and thanks for any advice offered. Had some windows/doors installed by a local firm in a self build property. There’s been issues since the start, leaking sliding doors, bay window out of square, no keys for window locks, runners corroded. The company haven’t been the most helpful in rectifying anything. I moved into the house I was building in March 2016 and I’ve had visits from the companies employees whilst I was living there, the last one about April/may. I still owed 10% of the £15k for the full job which I told them I would pay when my concerns were sorted. 2 weeks ago I settled the outstanding amount as I am going to take it to the small claims court. The guy I sold the house to works away and he dropped a handful of letters off last week from solicitors, ccj and bailiff visits with extra charges, all dating back to July/August. This was the first knowledge I had of a ccj and a writ. Thanks in advance.
  6. Hi everybody. Love this forum and thank you so much in advance for any help. I've tried my best to dig deep here and elsewhere as to make this as easy as possible for you to advise on. A bailiff took my car this morning for an unpaid moving traffic PCN with an overall fee of £513 for release. The PCN was sent to my old address days before I moved house. I appealed from the new address (putting my new address on the form) and followed up via email (again informing of my new address) to ask the status of the appeal and received no correspondence. I updated my driving licence with the DVLA days after the move but – as seems common on this forum – not my V5C (which I have done now just two weeks ago but not at the time of the PCN or subsequent appeal in October 2017). I have downloaded the PE2 and PE3 forms to take to Barnet County Court tomorrow morning (I booked an appointment for 10am) to have witnessed and then sent to TEC. I would love any feedback on the below proposed PE2 statement for "reasons" and also any insight as to what might happen next. Does it look all right? I was half tempted to pay the £513 as I use the car a lot and it is of great inconvenience and obviously I wouldn't like it sold. I gather regaining the funds (if I'm entitled to them and if the appeal is successful) is quite lengthy. Any idea how long it might take to regain the vehicle with the PE2 and PE3 process? Do you think it likely the PE2 reasons are satisfactory or do I not really have a case and should just pay up? Thanks so much for taking the time to read this and for your help! "Dear Sir/Madam, I have been unable to submit a statutory declaration in the normal time allowed because I did not receive a rejection notice and was unaware the PCN appeal had not been accepted until 31/07/2018 when bailiffs removed my vehicle. I made representations about PCN xxxxxx within the 28 days of the penalty charge notice (on 11/10/2017) but did not receive a rejection notice. I made the representation after moving house from xxxxxxx to xxxxxxx on 30/09/2017. I have attached my tenancy agreement as evidence. On my appeal document I stated my new address (xxxxxxxx). I also updated my driving licence with my change of address with the DVLA on 4/10/2017 shortly after moving. I have attached the updated driving licence as evidence. Additionally, I contacted Barnet council twice requesting an update on the appeal and informing them of my change of address (I have attached screenshots of these emails). Unfortunately, it seems that the relevant statutory documents were issued and delivered to my previous address. Had I received a rejection notice – or any other correspondence regarding this matter – I would have accepted the rejection of the appeal and not hesitated to pay the balance requested in a timely fashion. I look forward to the opportunity of addressing and settling this matter of the original PCN. I politely request this time and consideration on the grounds that my original representation included the new address of xxxxxxxxx, that I did not receive a rejection notice and was unaware of this situation until 31/07/2018. I enclose copies of my tenancy agreement, driving licence, v5c logbook and emails. Thank you kindly, "
  7. Hi guys, looking for some advice with what to do, my husband has received a letter from the court it’s a warrant of control, giving 7 days for payment, it’s a ccj he didn’t know about as it went to old address, his fault for not giving new address, I was going to fill out the N245 form & send that but after he’s phoned them they said he needs to ring the solicitor to offer payment, it’s Restons, he’s told them I deal with things like this & given authorisation for me to deal on his behalf, he doesn’t understand or deal well with things like this, they told him he can’t stop the bailiffs until he’s made an offer of payment, I need to phone them but not sure what to do or say, do I tell them I’m sending a N245? Do I do this or just offer a monthly payment, can’t afford a lot the debt is £4500, is £50 a month to low, he’s already got another ccj he pays, another letter before claim plus other debts, not sure what to do Hope someone can help & thanks in advance for any replies
  8. Hi All, Firstly, this isn't strictly a PCN issue but it is related to one, so I'm not sure if this the appropriate forum and please let me know if not. My vehicle was clamped on 30th June and I discovered this and spoke to the bailiff on 1st July. I've submitted TE7 & TE9 forms to TEC so this should all be resolved this afternoon. However, I am going to make several complaints about the bailiff's actions as he was not only extremely rude and unprofessional when dealing with me, but also probably broke the law. Some background info: I called the bailiff (MO) on Sunday afternoon (01/07) but he didn't answer; he then called me at 10pm Sunday evening to discuss. During this conversation he told me the vehicle in question had been clamped previously and I had cut it off, telling me that because of this the vehicle would be towed immediately if I didn't pay the outstanding balance. When I contested this and asked for info his response was along the lines of "I dunno, that's just what the system says" and refused to give any further evidence. I was pretty incensed by the accusation so told him it was utterly false (exact words) and he hung up on me, refusing to answer again. Today I called him to get the PCN number then did my relevant homework and called him back to let him know I'd submitted forms with TEC and he should hear from the issuing authority by the end of the day. I asked him to give me his full name and registration details so I could submit a complaint about his behaviour last night and he outright refused, saying he didn't have to. When I told him he was legally obligated to give me his information he got increasingly angry and doubled down. He said he would show his certificate when releasing the vehicle but would not give details to me - to which I responded by saying we both know that will never happen as he will most likely quietly remove the clamp and then be gone. I eventually gave up with no information. I checked his name on the immobilisation certificate then checked the Certified Bailiff Register and found his full name and the court / company he's registered with, so am going to submit my complaints there first. My most serious complaint is that his attempt to extort me into payment by claiming I had removed a previous clamp (let me just state - I hadn't) is a violation of The Fraud Act 2006 Section 2 and his refusal to provide any evidence for this, despite it being "on his system" is also a violation of Section 3. So my question is this: who do I report this to and how? I'm currently drafting a complaint to Hertford County Court (where MO is registered) with all of this included, but would like to take this much, much further so he never attempts this stuff again. Having never submitted any kind of criminal charges before I have no idea where to start.
  9. Hi I am so stressed out. I've been at a University address since recently and came home to parents house to discover i have had a CCJ filed against me last month for an old catalogue debt and have been ordered to pay £50 per month with the first payment due in the next few days. I don't dispute the debt I just have no money and as I have now just completed my final year at Uni I am technically unemployed. I will be moving back in with parents very soon and am worried a bailiff will be paying me a visit and cause great embarrasment and distress to them. I've done some preliminary research but it looks very complex to me. Whether I apply for it to be set aside, or ask a court to change the amount, it all involves paying a fee which I don't have. I think in order to get help with fees you have to be on JSA/unemployment benefit? I don't want to do this. Just wondering what is likely to happen now? The amount of the debt is "only" around £300ish but I can't afford anything until I get a job. If the bailiff comes and I don't let him in, I know they can't force entry as long as doors are locked etc but what is the worst they can do? Can I just ignore him completely? Any advice greatly appreciated
  10. Good Morning, I'm hoping for some advise on here please. I have a liability order with Rossendales for £814 and also signed a WPO/ CGA in January 2018 to agree to a payment plan of £200 per month. Originally, the amount was around £1300. I missed a payment on this and the agent over the phone told me I had to increase this amount to £300 per month or they can't help and would go to an enforcement officer.I agreed (as had no choice) on 1st June I missed the £300 payment. Today, I have a letter from Rossendales to say that no extension/ plan will be agreed and full payment now needs to be made. I called them today and she said no payment arrangement at all can be made I offered £400 on Friday and £400 the week after- this was declined. My question is, has anyone had this situation before I wanted to know how long it will take an enforcement agent/ bailiff to attend my property demanding full payment or seize the goods because it's Monday 11th today and I can have the full balance on 25th but I have no idea if I even have 2 weeks until they turn up Any advise is welcome it's all new to me and I've read through so much conflicting information. The Rossendales telephone agent had no idea either by the sounds of it TIA
  11. Good afternoon everyone, Yes, it's my first post at the forum because I haven't had any problems like that and my knowledge of UK's law is very poor on this field. Let's start from begining. I've bought a car in August 2017 and got few PCN's that I didn't pay at the begining. After few weeks I got 2 letters from Medway Council to pay two different PCN's that I've paid (last one was on 27th September). Two days after I've moved to another flat in gorgeous Chatham. I've informed DVLA about moving and have VC5 with new address and a date 08/11/2017. Since then I didn't get any letters informing me to pay PCN's at my new address. And here the story begins... Last Friday morning (27/5/2018) I went out to my car and I saw it's going away on a service car . I've had no idea what's going on but I thought it might had some connection with those last years' PCN's I called Medway Council to find out what's going on. A lady I was speaking with told me that it's being taken by Jacobs because of unpaid PCN's and gave me their number. I've managed to contact with a man who was in charge of my case and he told me I had to pay £950 if I wanted to get my car back (while my car is worth £1500) and every next day I'll be charged £15 for parking. I needed this car next day to get me and my girlfriend to work so I'd met that man and paid him all the money he asked for just not to lose next day without the car. Do you think this kind of acting is legal? In my opinion I was robbed and I regret I didn't called the police that my car was stolen. Can you please tell me if there is something I can do to get any money back? Thank you in advance for any help.
  12. The following press report features on SCOOP. Anyone viewing YouTube videos regarding bailiff enforcement, will be familiar with the name of Chrisy Morris (he previously used to call himself Chrissy Morris). Chris Morris features very prominently on many of the FMoTL F/B groups where he is very know know for 'baiting' bailiffs. He will telephone enforcement agents, enforcement companies, court staff etc and upload the conversations onto YouTube. As the article states, he is to face a 2 days trial for obstructing a Enforcement Agent when enforcing a High Court writ. https://tamesidereporter.com/2017/03/patel-cottage-bailiff-eviction-demonstrator-opts-for-trial/
  13. Equita today come to clamp my car outside the street. The car it's a PCO registered car (currently expired) and it has the insurance in the name of a friend (he got a business trade insurance)for more then 3 months. as I am not driving the car due to access to a company van. I keep the car as I was going to do partime Uber driving with it. Do you think sending a backdated change of logbook name to DVLA will do the trick?
  14. Hi I'm pulling my hair out with an ongoing council tax issue or issue's' rather ! I recently received 8 letters from my local council about old council tax bills dating as far back as 2008! The bills are for a number of different properties (I've moved around a lot) A couple of them are final small bills that I've missed after moving out, another is for a shared property where I paid my share and unfortunately someone else didn't and another is for two months after I moved out of a property. In 2012, my car was seized unfairly (I used it for self employment at the time and the bailiff used very dodgy means to remove it) to cover a £217 bill, the car was worth £3k and sold for £700, only £200 of that went to the council. On the day he took it, I rang the council while he was there to offer payment of the £217 and they refused to accept it. After receiving the letters recently, i have raised an issue (not an official complaint yet) to say that I do not owe them said council tax, number 1 because they took a £3k car and got nothing for it even though I offered payment and the bailiffs took so much for illegal fees at the time and also because the other property was shared and they can chase the other person on the bill. I can also provide evidence of moving out of the other property. I have been going back and forth with the council for a couple of weeks now who are refusing to listen to me and keep repeating that I am liable for all properties and accounts. The total outstanding is nearly £2000. They refuse to acknowledge that they did anything wrong in taking my car and actually said if I had offered to pay the bailiff or the council they would've much rather have accepted it, which is rubbish! When I received the letters, I contacted them immediately and asked that any further bailiff action was placed on hold while they investigated my points but the council ignored me and I have received numerous letters from THREE different bailiff agencies adding on further fees so the outstanding now totals £3,200!!! Its insane. My time to make an arrangement was up with one agency so I have had to agree to make payments of £400 a month to clear the £1,400 that they hold otherwise they would've visited my property. Another agency have given me 7 days. How is this OK? They have already taken a car which they should not have done ( I complained at the time and obviously my complaint was not upheld!) There are other people named on two of the bills yet they aren't being pursued. I have provided evidence of not living in one property in the time they claim but they have ignored it. I read something about a liability order only lasting 12 months? Is there anything I can do? I would even be willing to just take the council tax arrears on the chin and pay the council, but I cannot afford to pay £1,200 on top of that in bailiff fees! help!
  15. Originally had a Council Tax debt of £167.00. A fee was added of £75.00. I agreed to pay £20.00 per month and did so on 15th of each month. At the end of August 2017 I owed £62.00. Stupidly I forgot to pay on the 15th September and on Wednesday I got home from work to a hand delivered letter which turned out to be an Enforcement Order with a further £235.00 of charges. I contacted the Bailiff by text and offer 50% of the £62.00 now and the balance next month but he was not interested. He wanted me to pay the total £297.00 the next morning. I asked what the next stage was and he menacingly answered "You will have to wait and see." I was hoping to be debt free by the end of the year, but these mean it will be another year. Can anyone please give some advice ? This means that my charges exceed the value of the original debt and he is expecting me to pay more than I can afford. Can I challenge the Enforcement Charge? Can I pay the charge by setting up a payment plan? Thanks in advance.
  16. Devon County County (16 017 119) Decision date: 17th August 2017. Published on the LGO website: 17th November 2017 Vulnerability and bailiff enforcement is a subject that is of great importance and sadly, it is a subject that is very much misunderstood. The LGO have made a number of decisions regarding the 'definition' of vulnerability and the following case is another one where the LGO confirm that a 'vulnerable' debtor must provide evidence to demonstrate how their vulnerability affects their ability to deal with the debt. PS: The following is a shortened copy of the decision. A full copy can be accessed from the link at the foot of the post. Background: (9) Mr B has received 5 penalty charge notices (PCN) for parking offences since 2014. A parking enforcement officer placed two on the car and Mr B received three through the post. On the telephone, Mr B told me that he did not take account of parking laws as he believes there is a law from the year 1600 that means he can’t be fined and so can park anywhere. (16) The Council has said that Mr B first used the words’ vulnerable’ about his wife and him both having Blue Badges on 3 December 2015. (17) The Council said it advised Mr B on 5 July to contact the bailiffs for them to consider his ‘vulnerability’ and for him to provide them with whatever evidence they need to confirm his status as vulnerable. The Council advised Mr B that if the bailiff did deem his to be a vulnerable household the Council would withdraw the warrant and cease activity. (18) The Council said Mr B did not supply the bailiffs with supporting evidence. It has said the blue badge issued to Mr B, shows they have met the criteria of limited mobility to have a blue badge issued but may not necessarily be vulnerable. (19) The Council says that Mr B thinks that his vulnerability means that he is exempt from paying these fines. The Council says it disagrees with Mr B’s interpretation. It considers he is still liable to pay these fines, but any vulnerability means the Council has to consider extra discretion over how these fines are paid, e.g. deferring payment periods, accepting lower instalments until debts paid. (20) The Council has asked Mr B to provide supporting written evidence of his ‘vulnerability’ for it to find out if there are other conditions from which he suffers that may fit his interpretation of vulnerability, e.g. Mental health, depression, post- traumatic stress, at risk of self-harm, inability to understand and engage with the process. The Council says that if Mr B does meet any of these criteria, then it may withdraw the warrants and close the cases. Mr B has not provided supporting evidence. Analysis from the Local Government Ombudsman: (23) Mr B complained a business centre issued the warrants rather than a court and so were invalid. The TEC is the court appointed by the Secretary of State and the Department of Transport to deal with registration of debts arising from penalty charge notices. I can find no fault on this point. (24) Mr B complains the bailiffs did not have the correct warrants. The Council has said the court sends the warrants electronically and so there are no paper copies. For completeness, I will ask the Council to send me its electronic records showing the warrants but I can see no evidence of fault on this point. (25) Mr B believes that under the Taking Control of Goods National Standards 2010, (updated 2015) as soon as he told the bailiff company finds out he is vulnerable (with no explanation) they have to withdraw. He believes that he does not need to provide details of his details of his vulnerability; it is then the Council’s job to prove he isn’t. (26) The Taking Control of Goods Regulations 2013, part 2, regulation 10 set out the circumstances in which an enforcement agent may not take control of goods. It says an enforcement agent may not take control of goods of a debtor where a child or vulnerable person is the only person present. The legislation does not give any further guidance about how a vulnerable person is defined. (27) Mr B told the Council he was a vulnerable person. However, he has not explained why he considers he is vulnerable. He considers that it is the Council’s job to prove he is not. (28) It cannot be right that a person can say they are vulnerable and all outstanding debts are written off without them giving further information. If this was the case, then there would be no way for the Council to enforce any debt collection as anybody could claim vulnerability without evidence. I do consider it reasonable for Mr B to explain why he considers himself to be vulnerable. (29) In any case, a vulnerable person still has to pay the fines, but any vulnerability means the Council has to consider extra discretion over how the debtor pays the fines, e.g. deferring payment periods or accepting lower instalments. It should also allow the vulnerable person time to get help and advice. (30) I have found no fault in the Council’s actions. The Council gave Mr B the opportunity to appeal the PCN’s and to appeal to the court. No further recovery action has been taken once he told the bailiffs and Council he is vulnerable. However, I do consider it reasonable for him to give details of his vulnerability if he wants the Council to consider removing the warrants. http://www.lgo.org.uk/decisions/transport-and-highways/parking-and-other-penalties/16-017-119
  17. Hi All, I have recently received a letter from the HMCTS historical debt team about a fine from 9 years ago. they informed me that I had a fine for having no TV licence. I knew nothing about it. About a month later I received a letter from Marstons Group Bailiffs asking the payment of the fine which was £250.00 and also a £75 compliance stage fee. A The letter which was dated 23rd October gave me until 5th November to arrange a payment plan or make a payment. I received the letter on 4th November (a saturday) and when I called to discuss they were closed. I contacted them by phone and was told that as I missed my chance to come to an arrangement I had to pay it in full and that as it had not yet been passed to an enforcement agent then I only have to pay £325 ( 250 fine plus 75 compliance fee). I wasn't happy and made a complaint to which I received a an email advising me to go online and pay. I went online and paid the £325 in full as thats what it said I have to pay (you can't change the amount you pay online as its preset). I got me receipt. today which is a week later I get a knock on the door from an enforcement agent asking me for £235 enforcement fee and that he will use a locksmith to enter to retrieve goods. I explained that i had paid it but he says that on the same day i paid online they sent the account to him. Can he force me to pay this when I already paid the amount requested by their office and online. I have a disabled child to which I am the carer but should that make any difference? He is coming back tonight to force his way in apparently. thank you and appreciate any feedback.
  18. The following is a copy of a very recent decision from the Local Government Ombudsman. This particular decision is a vitally important one as it refers to the correct procedure that should be followed if an individual has had his goods taken to settle another person's debt. In almost all cases, the goods in question would be a motor vehicle. PS: As the decision is very lengthly, I have split it into two separate posts. London Borough of Ealing (15 016 609) Summary: The Council’s enforcement agents were not at fault when they seized Mr X’s car to recover an outstanding penalty charge. But they failed to advise Mr X of his right to make a claim under the Civil Procedure Rules. The Council has agreed to take the steps recommended to remedy the injustice caused. The complaint The complainant, whom I shall call Mr X, complains that enforcement agents acting for the Council removed and eventually sold his car to pay for a debt which related to the previous owner. Mr X says he provided the Council and enforcement agents with proof he had bought the car in good faith but they did not accept it. Mr X would like the cost of the car refunded. He would also like the Council to reimburse him for the cost of possessions he lost when the enforcement agents seized the car and the hire car costs he has since incurred. The History The car referred to in this complaint was formerly owned by Mr Z – who previously lived at the same address as Mr X. The Council issued a Penalty Charge Notice (PCN) to Mr Z. When Mr Z did not respond to the PCN, the Council obtained a court order which allowed its enforcement agents to recover the money owed. On 10 September 2016 the enforcement agents issued Mr Z with a Notice of Enforcement (NOE). This told him that enforcement action had started and gave him 14 days to settle the balance or agree a payment plan. Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (“the Act”) says that once enforcement agents issues an NOE, the goods of a debtor are “bound”. This means the debtor cannot sell them or give them away. But Schedule 12 of the Act says that if a person buys goods from a debtor which were bound, they can keep them if they can show they obtained the goods: in good faith;for valuable consideration (normally money but can be something else of value); andwithout knowing the belongings were bound. Mr Z did not respond to the NOE and on 28 September 2016 enforcement agents visited his home address. The car was parked outside his home address and the enforcement agents took control of the car. When enforcement agents take control of goods they are deciding which goods they can sell to meet the person’s debt. Once an enforcement agent takes control of goods they are known as “controlled goods”. Enforcement agents will not always remove controlled goods straight away. The enforcement agents posted an inventory to Mr Z’s home which said the car was now controlled goods. They also affixed a notice to the car. To stop the enforcement agents removing the car Mr Z needed to pay the outstanding debt. Mr Z did not respond and the enforcement agents returned to his home on 03 November 2015. They clamped the car and posted a letter to Mr Z asking him to make contact and settle the debt or they would remove the car. On 03 November 2015 Mr X emailed the enforcement agent. Mr X said he bought the car on 20 September 2015. Mr X provided a copy of a handwritten receipt for £3000 and a copy of the “New keeper’s details” section from the car’s V5C (its registration document). When someone buys a car they keep this section and the seller sends the rest of the V5C to the Driver and Vehicle Licensing Agency (DVLA). The DVLA then issues a new V5C. Mr X also supplied an email confirmation from the DVLA which showed they had been notified using its online service that he was the registered keeper of the vehicle. The DVLA’s online service is relatively new. On 05 November 2015 the enforcement agents visited Mr Z’s home address and removed the car. The enforcement agents had not heard from Mr Z and they did not consider Mr X to have provided sufficient evidence he had bought the car. Mr X emailed the enforcement agents on the same day. He explained he had paid £3000 for the car on 20 September and had already spent £1100 on maintenance. Mr X gave them two days notice and said he would then be seeking legal advice. On 09 November 2016 the enforcement agents emailed Mr X. They set out the events to date and said that “The evidence you have provided to date is a handwritten receipt on a page out of a diary and the new keeper supplement for the logbook. Neither of these documents prove ownership of the vehicle.” The enforcement agents did not make reference to the email from the DVLA Mr X supplied. The enforcement agents also said “We notice the vehicle has remaining [sic] untaxed since 20/09/05, it is illegal to keep an untaxed car on a public highway.” The enforcement agents concluded by saying “we are satisfied that all you have done is changed the registered keeper with the DVLA to avoid seizure of the vehicle...As you live at the same address as Mr Z we strongly suggest you decide between you who will be setting the balance as the vehicle will be released to auction on 19 November 2015.” Mr X replied on the same day and said he had “instructed [his] solicitors to take this matter further.” On 19 November 2015 the enforcement agents emailed Mr X and explained they would sell the car at auction unless they received payment. They did not receive payment and the car was sold. In January 2016 Mr X complained to the Ombudsman. Because the Council had not considered Mr X’s concerns through its formal complaints process the Ombudsman asked it to do this. The Council provided formal responses to Mr X as follows: The Council was therefore satisfied the car was transferred while a warrant was held against it. If the car had been transferred at the beginning of September then the DVLA would have issued a V5C earlier than the beginning of December. If Mr X remained unhappy he could complain to the Ombudsman. Was there fault causing injustice? The Ombudsman is not an appeal body and does not retake decisions which were properly made by a Council (or parties acting on its behalf). The Ombudsman’s role is limited to checking if there was any fault in the way a council made a decision. If there was no fault or flaw, the Ombudsman may not, by law, intervene in the judgment reached by a Council. This is the case even where the Ombudsman may have given different weight to a piece of evidence or reached a different decision on the same facts. I do not consider the Council’s enforcement agents were at fault when they seized the car Mr X says he bought from Mr Z. This is because of the following: Mr X says he bought the car on 20 September 2015. This was after the enforcement agents issued the NOE and when the car became “bound”. The enforcement agents took control of the car on 28 September 2015 but Mr X did not contact them until 03 November 2015 when they clamped the car. Mr X showed the enforcement agents an undated handwritten receipt and an undated “change of keeper” section from the V5C. Mr X says he bought the car in good faith, for valuable consideration, and without knowing it was bound goods. Mr X also sent the enforcement agents an email from the DVLA showing he had told them he was now the registered keeper. I note the enforcement agents did not directly refer to this in their email dated 09 November 2015 – they simply mentioned the undated documents. But they did also say “we are satisfied that all you have done is changed the registered keeper with the DVLA to avoid seizure of the vehicle.” They also noted the vehicle was not taxed from 20 September 2015. A vehicle’s tax is automatically cancelled when the DVLA’s online system is used to register a change of keeper. I am therefore satisfied the enforcement agents did take into account all of the information provided by Mr X. But they did not consider Mr X to have provided enough supporting evidence that his purchase of the car was genuine. This was a decision they were entitled to take and meant they were entitled to seize the car. I also note that: Mr X did not provide the enforcement agents with any proof of insurance from 20 September 2015. Arranging insurance is normally the first thing a person does when they buy a new car. I asked Mr X about this and he said his insurance company needed a copy of the V5C before they could insure it. This is not normal practice. Mr X did not provide the enforcement agents with any evidence he had withdrawn money from the bank to pay for the car. As part of my investigation I asked Mr X about this. He said he borrowed the money from his brother and repaid it instalments. In response to my enquiries Mr X told me he sent the Council a revised V5C in late October / early November. The Council did not return it and so Mr X had to apply for a duplicate – this is why the V5C he has was issued in December. Mr X cannot provide proof he sent the V5C in late October / early November and the Council says it has no record of receiving the document. It is not possible for the Ombudsman to establish exactly what happened. Mr Z did not provide any evidence in support of Mr X’s case. Mr X sent me bank statements for October, November and December 2015. These show payments to the DVLA each month with a reference number which matches the car’s registration number. Mr X says these payments were for the car’s vehicle tax. But there is no evidence Mr X showed this evidence to the enforcement agents. For the reasons set out above I cannot uphold this part of Mr X’s complaint. This decision should not be seen as setting any precedent about what constitutes evidence of ownership. Each case should be considered based on the evidence provided and the particular circumstances of the case.
  19. Apologies if this is in the wrong category as I can see almost all advice re: bailiffs is for debtors but I need advice on how to get a County Court Bailiff to actually enforce a warrant against a company. My daughter won a claim online for a faulty car that was sold to her. Dealer didn’t pay up and she thought she had then instructed HCEOs but it turns out she instructed the County Court Bailiff. This was in July. There was a mix up with the paperwork which took a couple of weeks to sort out but since then the Bailiff has only been out to the dealer once, at 8am. Not surprisingly it wasn’t open. The Bailiff hasn’t been back out since. I rang up and asked generally how long it takes to enforce a warrant and they said ten days. This should be a very simple thing to sort out with so many cars on the forecourt. As it’s now been almost two months can my daughter ask for her fee back and go with HCE instead? Surely there is an obligation on the Bailiff to enforce warrants in the order they receive them (where possible of course). What are her options now? Any help at all would be appreciated.
  20. Need a help. The bailiff visit is for unpaid PCN. The last letter from Magistrate's court is for Remainder of unpaid fine dated 25th feb 2016. Other letter was Notice of fine. This morning a lady came by door from Marston and handed over the letter. She left and we tried to work out the reason for visit. We went to online and paid the original fine of £150. The lady returned back after an hour and we told about the payment. But she said it's too late as we still have to pay the fine which totals to £460. We've no problem of paying £75 for compliance stage. But the agent said it's been to enforcement stage and the letter that was handed in morning was handed on 18th April. The letter was dated 18th. We tried to dispute this and even the lady who came in the morning was different person to who turned up. Called police and after explaining everything, we let the agent into property. I enquired about warranty with officer and he confirmed it's a valid warrant. As the lady didn't have any details of previous correspondence, I called Marston customer service. We were told that the 3 letters were sent before today by royal mail which obviously failed to get delivered. Issues I've is: The letter dated 18th was handed to us today morning. But the agent kept on insisting it was handed on 18th. The previous correspondence from Marston group were never received and we were unware of their involvement until this morning. I've no problem with first stage ie compliance fee of £75 or even the later stages fee but the thing is we never recevied any of those warning letters. Things the agent took x bike key. Bike is parked somewhere god knows where but I'm had enough of the boy. So, to summerise, where do we stand? Should we pay the bailiff's fee and done it or there are procedures we could follow. ATM my temperature is at high hearing too many lies from these so called bailiffs. Thanks in advance.
  21. Hi, Unfortunately I defaulted on a credit card. This has been passed to PRA Group eventually. We've had a couple of visits and letters dropped off. Is this a genuine bailiff working on behalf of PRA Group or the Courts I wonder? The "Produced by Rob Barber" in the botteom right corner scrimbled out by pen has me wondering. Thanks, T.
  22. When the Taking Control of Goods regulations came into effect in 2014, they not only provided a much clearer and fixed fee scale, they also introduced a fairer system whereby, in order to keep bailiff fees to the barest minimum, (of just £75) the debtor is given the opportunity of avoiding a personal bailiff visit (and an enforcement fee of £235 being applied) by paying the debt (including the Compliance Fee of £75) by the date outlined on the Notice of Enforcement....or alternatively, by agreeing a payment arrangement with the enforcement company. Most payment arrangements are for a short period of approx 3-4 months (sometimes even more). Where problems have arisen since 2014, is that many people receiving a Notice of Enforcement from the bailiff company, try to avoid paying bailiff fees by visiting the local authorities website and making an online payment of just the debt owed to the council. Such avoidance methods do not work. This is because, the regulations are very specific in that once the Notice of Enforcement has been issued, the debt owed includes the compliance fee of £75. Furthermore, and this is again in the regulations, any payments made after the Notice of Enforcement has been issued must first be applied towards discharging the Compliance fee (of £75). The bottom line is that if a payment is made to a local authority (minus bailiff fees) after the date on when a Notice of Enforcement is issued, the enforcement company are entitled to their compliance fee (of £75). The effect being that any payment made to a local authority (minus bailiff fees) must be considered as merely a part payment and accordingly, the warrant is not satisfied…and bailiff enforcement can.....and will continue. Since 2014, debt avoidance websites have inundated local authorities with many hundreds of Freedom of Information requests enquiring as to whether councils retain these online payment or pass the compliance fee to the enforcement company etc. These pointless requests have achieved absolutely nothing. There have been quite a few Local Government Ombudsman’s decisions regarding this scenario but a very recent one is of interest because, in this particular case, the local authority adjusted the amount of the Liability Order but failed to inform the enforcement company. The debtor also paid the council direct (minus bailiffs). A have copied the decision in the next post.
  23. Hi, Need some advise. Our eldest daughter has left her house without paying any council tax or rent for ages. She is living at a friends house but i genuinely do not know were she lives We have some how gotten her debt collection letters which we have returned and this morning we had three letters from the same place, curiosity got the better of me and i opened one. Dukes Bailiffs notice of enforcement !! typically they are closed now - have spoke to the police and they say its civil but how do i stop these morons from coming here? The facts Same surname but has never lived at this address - not on the electoral register. All the letters come c/o to her Thanks in advance
  24. https://www.nationaldebtline.org/EW/factsheets/Pages/bailiff-reform/our-campaign.aspx Back in May, National Debtline launched a campaign for a reform of enforcement practices. Perhaps we should encourage people to take part in this excercise that ND are organising. EC's do need to be properly regulated.
  25. A man who attacked a bailiff with a pick axe handle has been jailed Martin Pritchard admitted assaulting Josef Minoli who had come to his house to collect unpaid magistrates court fines. He had received a telephone call from his stepson to inform him that the bailiff was at the property looking to collect the debt. When Pritchard arrived back at his house in Wrexham, he became abusive telling Mr Minoli to ‘get the the f*** out”. He then hit the bailiff in the midriff with the pick up handle causing him to fall to the ground. The enforcement officer had been on his phone to the police during the attack. When officers arrived, Pritchard had already fled the scene, but was picked up later. Mold Crown Court heard that Pritchard had arrived back at his house with another person, assaulting the bailiff and then beginning to count down as he held the axe handle over his head. The debtor had been before the court on a number of previous occasions. Mr Pritchard's Barrister stated in court that her client had lost his temper because his step son was alone at the house. The court fine was paid later that day and this, together with the fact that Mr Pritchard’s mother was unwell and that he helped look after her children, was taken into consideration by the Judge. He was jailed for 5 months.
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