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  1. Hi all, hope you can shed some insight into this situation for me! I'm currently abroad on holiday but received word from a friend minding my car that it had been seized by Newlyns in regards to a previous owner's fines. I've thankfully managed to have it released and it's currently at a friend's. I don't understand why they seized the vehicle, as when they encountered it, it was already in my name (i.e. I was the registered keeper) according to the DVLA. To the best of my knowledge, the registered keeper is the one responsible for any tickets, fines, etc., not the owner (unless it pertains to insurance matters) - is this correct? when I bought the car and the DVLA updated their records to show that I was the new registered keeper, shouldn't they have left the car alone? I understand that they may have suspected that the owner was the debtor, but doesn't a new registered keeper raise reasonable doubt? My friend took photos before driving away from the garage where the car was being stored and I can see clear damage to the vehicle. I have photographic evidence of the condition the vehicle was in before they seized it from a month earlier and witnesses who can attest that when they last saw the vehicle, it was in the same condition. My car is covered in scratches and dents, and they've managed to damage one of the front headlights as well as break some of the chassis under the car (can see a piece of metal sticking out). Once I return and see the car in person, I can make a full assessment of damage. I feel this is clearly on Newlyns and the city council they were collecting on behalf of to fix. I've filed complaints with both - once when the car was seized after it was already in my name and then I updated that complaint with the initial damage I noted. However, with the holiday season, I doubt I'll be hearing back soon. I was just wondering what my options were and how to best proceed. Should I expect that Newlyns and the city council won't easily agree to pay for damages? Should I notify my insurance (I also have legal cover), so that they can help me with this in case Newlyns and the council won't pay? I've also become a bit worried, as if they can take the car despite me being the registered keeper, is there anything I can do to check if other bailiff companies or councils are looking to collect on debts from a previous owner(s)? Thank you!
  2. I was stopped in a random police check point on a Saturday on my way back from the cash and carry locally to where I live. I was driving my brothers vehicle as mine was being repaired. We both have fully comp insurance and both are covered to drive other vehicles with owners consent. The officer that stopped me asked where I was coming from and going to, I replied from the cash and carry and on the way home. I was asked for my Insurance and I explained that the vehicle was my brothers. The officer went to his car and returned saying I was uninsured and he would be seizing the vehicle. I explained I had Insurance on my own vehicle and gave him the registration. He went back to his car and returned saying I was not insured and he would be seizing the vehicle, which he did. I made my way home with my wife and the contents of the vehicle by mini cab. I then contacted my brother to explain what had happened and he went to the compound with his insurance and paid and retrieved his vehicle the same day. I was give a seizure proforma form by the officer and when I got home and tried to read it, I realised that it was unreadable and could not make out a single word on it. I have now received a conditional offer of fixed penalty but I will not pay it as I was insured. Being the first time I have been stopped and treated in this way, I am finding it hard to see why both Insurances came back as not insured . I think the officer inferred I was a business but could not check the proforma form when I got home as I have already stated it was unreadable. There is also nothing on the conditional offer form other than that I used a motor vehicle on a road/public place without third party insurance. Contrary to section 143 of the RTA 1988 and schedule 2 to the RTOA 1988. Having spoken to my insurance company they say I am insured by third party cover. I have told friends about this and amazed how many have said they have had similar experiences with the police as if it is the new thing to raise fines and endorsement's. One funny point is that adding business use to your cover is sometimes cheaper even if you don't have a business, it just stops this kind of police targeting to stop. My question is how to fight this, do I write to the processing services or can I write directly to the CPS. I have 21 days left in which to either accept a £300 fine and 6 points or defend myself. Any help/advice grateful.
  3. I have some unpaid debts in the UK but currently live abroad. I have a SIPP pension with a UK provider. Can my creditors seize this pension? Can they seize any money I draw from the pension when I reach the retirement age? Do they have to make me bankrupt to take money from my SIPP?
  4. My friends vehicle has been seized and a notice of sale has been received. I am the debtor. I have included this debt in my bankruptcy which was approved a day after the bailiffs came. The Official Receiver accepted evidence that this vehicle was not my asset. My friend has provided a receipt, a bank statement, a sworn statement and a letter from DVLA confirming the car has not been in my name since February 2017. The v5 was temporarily in my name for insurance purposes as I was borrowing the car. The owner has submitted an N244 application. I have submitted a form 4 in relation to a massive list of complaints about the bailiffs conduct. I have also written complaints to both the bailiffs (DCBL) and the creditor (UKCPM) The vehicle was due to be sold this Monday but I have not seen it on the auction website. It has been reported to the Police and they have said it is a civil matter. DVLA have also been made aware. The original creditor and bailiffs are refusing to respond to any emails. On the last phone call I had with them I was told the evidence provided was not enough to prove my friend owned the vehicle as I have to prove I never purchased it. I have emailed them asking if they would like a years worth of bank statements to prove no funds ever left my account for this vehicle. I have no idea how else I can prove I never purchased it or how else my friend can prove it is his. The only response I have had from DCBL is that the vehicle will not be returned until after the N244 application hearing. Does this mean they are planning on charging the owner storage fees if the Judge deems the vehicle is in fact his? If the Judge for some unknown reason deems this vehicle is owned by me can they legally sell it if I have been made bankrupt? I have spoke to CAB, national debtline, payplan and a whole load of other agencies. Any advice would be greatly appreciated!
  5. When it comes to bailiff enforcement, it is very rare indeed for a bailiff to seize goods within a property. In fact, household items are taken in less than 0.1% of cases. By far the most popular item to seize is a motor vehicle. Typically, a vehicle would raise significantly more than 'household' goods and more importantly, a vehicle would normally be easy to locate (either on the debtors driveway or outside of the property) making seizure and removal a lot simpler. If a vehicle has been taken, and the debtor considers that the vehicle should be 'exempt' (for instance, the vehicle may be subject to finance or the debtor considers that it is 'necessary' for self employment etc), then the solution is to submit a simple 'Part 85' claim to the enforcement company. In many cases, a vehicle may have been seized in relation to a previous owner's debt. If so, the new owner (and not the debtor) would be required to submit a simple 'Part 85' claim. In the past two weeks, there have been reports of three instances where debtors have failed to follow the proper procedure....and in each case...the debtor has found himself in a much worse situation (and in once case, could have been facing a charge of perjury). Case One: The debtor complained on social media that her vehicle had been clamped by a bailiff. The debt was hers and the vehicle was registered in her name. The debt was around £400. The advice that she was given on 'social media' was to 'transfer' the vehicle to her husband !! This is a extremely foolish step to take given that the regulations specifically state that goods become 'bound' from the date on which the Notice of Enforcement is sent. This regulation was put in place to stop debtors selling their goods to evade bailiff enforcement. On ‘social media’ she was introduced to a known ‘bailiff baiter’ who offered to speak to the bailiff. The call was terminated by the enforcement agent. The outcome was that her car was taken. This step added an additional 'sale' stage fee of £110 to her debt. The lady then spent the next few days trying to convince the enforcement company that the vehicle 'belonged' to her husband. She was advised that if the car really did belong to her husband that he (and not her) would need to submit a 'Part 85' claim and that, as part of the claim he would be required to provide the following: Evidence of the date that he acquired the vehicle. Evidence of the how he paid for the 'purchase' (bank transfer, cash etc). Evidence that he purchased road fund licence. Evidence that he insured the vehicle. Given that the 'sale' to the husband was 'bogus', the husband could not truthfully submit a 'Part 85' Claim. The debtor contacted me as the enforcement company had advised her that the debt had increased to almost £700 to include storage fees. She paid the full amount to recover her vehicle.
  6. http://www.itv.com/news/central/2016-03-02/disabled-woman-claims-council-bailiffs-illegally-seized-her-car/ A disabled driver claims police and council bailiffs may have broken the law by seizing her car after accusing her of not paying a £60 bus lane fine. Blue Badge holder Cherry Clarke says she was physically removed from her Toyota Yaris by an officer before it was towed away from her home in Perry Barr in Birmingham. She has now been told she has days to pay the fine, which has risen to £93, or her car - her only means of transport - will be sold to pay the debt. Birmingham City Council claims it sent numerous letters to her address and that no Blue Badge was on display when the Toyota was taken.
  7. not sure i will like the advice on this one but got to ask as its brother in law he recently brought a car on finance that broke down in first week - no issue garage repairing it unfortunately he has just had the curtesy car seized by the police basically from the details i have got so far he allowed a friend to drive it police followed it home because it matched the description as a reported stolen it wasn't stolen however they then checked the details of driver he was not according to data base insured for the car hence car seized he MAY have insurance for other cars third party - this is unsure as he had two insurance policies on different cars police only checked his taxi insurance at this point B-I-L is unsure if friends other policy is in force as friends other car seized due to fatal accident so friend may have cancelled B-I-L has been told even if he has third party insurance it wont be valid as he did not have permission from owner of car simply permission from authorized user B-I-L has been warned that he faces court and fine at this point im not sure what for as he was not driver Curtsy car has been impounded with £150 basic fee + £20 a day B-I-L is going to garage tomorrow to get note showing he is insured so he can get it from impound, is it worth seeing if can get note stating any driver was insured as garage owner is acquaintance of B-I-L and if so will it make any difference
  8. Mali hotel attack: '170 hostages seized' in Bamako http://www.bbc.co.uk/news/world-africa-34877069 Security forces exchanging fire with attackers. 12-13pm -have been extracted now. Gunmen shouted Allahu Akbar as they entered the hotel. Govt here monitoring things closely. 140 Guests 30 staff hostage. It must be hell as fighting ongoing.11-48 am Two hostages who could recite Koran released. Special forces are entering hotel and have managed to release some hostages Unclear how deep they have entered. Ongoing situation. LIVEAfrica Live: 'Hostage taking' in Mali capital BBC News coverage of Mali attacks This page automatically updates 170 people 'taken hostage' in Mali hotel Malian special forces 'storming hotel' Three people said to have been killed Hotel says there are two attackers French, Chinese and Turkish citizens in hotel A obvious target Security and intelligence some saying are weak. Pictures emerging of security and special forces in the hotel.Clear some are dead 11-56 am 80 hostages freed. Attackers going from room to room. Attackers rammed security barriers.Talk of the car having Diplomatic Plates. Nobody clear how many attackers 2-4 up to 10 being mentioned. Floors being cleared one by one.Sporadic gunfire. Rumours they have escaped. French Troops providing logistics.And i believe are there.But unclear of this. 3 hostages dead. Mali a deeply unstable country.It is reported. 110 people whether freed by forces or escaped themselves is now being reported. Leaving perhaps 60 or so left. Rumours the attackers were speaking English.Not confirmed. http://www.bbc.co.uk/news/live/world-africa-34815762 17:47 Thomas Fessy has been reporting from outside the Radisson Blu hotel in Bamako, Mali. He says that: "It took seven hours from the beginning of the attack to get all the guests out of the hotel an hour ago, and now the area is totally cordoned off. "But the big question is how many attackers were there - we've heard between two to a dozen. "This is all still unclear." Rescued hostages were led away from the hotel by Malian security forces: Catch up and live coverage. http://www.bbc.co.uk/news/live/world-africa-34815762 CNBC Now 20m20 minutes ago THE LATEST: -DJ reports Mali hostage situation is over, 27 dead including 5 attackers -Pres. Obama monitoring events A fluent situation.Hard to get 100% facts.And live coverage. UNITED NATIONS United Nations peacekeepers saw some 27 bodies on two separate floors of a luxury hotel in Mali's capital Bamako that was attacked on Friday, a U.N. official told Reuters, citing preliminary information. The peacekeepers saw 12 corpses in the basement of the hotel and another 15 on the second floor, the official said on condition of anonymity. He added that the U.N. troops were still helping Malian authorities search the Mali state television reports no more hostages held by Islamic State http://bigstory.ap.org/urn:publicid:ap.org:4debb9d37ce1415994f0c96b2f05a323 … Gunmen 'still holding out' Posted at 18:15 Mali's security ministry has told Reuters that gunmen are still holding out in the hotel they attacked early this morning: "The attackers no longer have hostages. They are dug in in the upper floors. They are alone with the Malian special forces who are trying to dislodge them," spokesman Amadou Sangho said. RAW: Authorities escort hostages out of Mali hotel http://www.kptv.com/clip/12018554/raw-authorities-escort-hostages-out-of-mali-hotel How did attackers get diplomatic plates? Posted at 18:32 Mali based French journalist François Rihouay told BBC World news a big unanswered question now is how the attackers got hold of a black 4x4 car with diplomatic number plates. The hotel gardener witnessed attackers enter the grounds of the hotel in a car with a diplomatic license plate. UN Chief Says Mali Peace Plan Must Stay on Track http://dlvr.it/CnxTFT Two militant groups say jointly responsible for Mali attack | Reuters: BAMAKO Islami... http://bit.ly/1OW3IGG U.S. Military Played No Direct Role in Mali Crisis, Official Says http://nyti.ms/1kLh6Rc Well that has now changed. 1 US CITIZEN KILLED IN MALI HOTEL ATTACK, SENIOR STATE DEPT. OFFICIAL SAYS Family of American killed in Mali attack releases photo of 41-year-old New Jersey native http://abc7.la/1XfydGv
  9. Link through from Scoop http://www.westerngazette.co.uk/house-time-forgot-Crewkerne-property-seized-owner/story-24528741-detail/story.html
  10. On 21 July 2014 at 0830 hrs I was stopped by the police driving my car which was legally insured. However, because on this day I was going to work; I normally use a van which had broken down on the evening of the 18 July 2014. The police told me that because my insurance cover did not include commuting, I was driving illegally. We could not get hold of the insurance company before 0900 hrs so we had to wait. The police told me that I was not allowed to speak to the insurance company before they did. They also said I would need to have my insurance document in front of me before I spoke to the insurance company. However they said when they speak to the insurance company they agreed that I could just pay the excess to allow me to drive to work then that will be the end of the story. However, after they spoke to the insurance company they told me that my insurance company had told them that I was in breach of the contract and they had therefore cancelled my insurance. As a result the police then towed my car away; I got a taxi back home and contacted the insurance company explaining everything. My insurance company said they were not told that I was available at the side road because I would just been asked to pay £40 and an amended document emailed to me. The insurance company also said my insurance was not cancelled I could continue using it as it is or add £40 to include commuting. I chose to add the £40 and they emailed me an amended document not a new insurance as I had been misinformed by the police that I was now uninsured. I paid £170 to collect my car the next day and I am due to produce my licence for 6 points and £300 fine for driving uninsured. I lost two days wages, train fare and fuel to the pound twice because my wife is the keeper but I am the owner. Taxi fare on the seizure day. I feel aggrieved that this is over the top unreasonable and punitive; I could be wrong but as you can guess that is why I am here. I would appreciate informative help, if I just need to pay and have 6 points please tell me straight. Thank you
  11. Dear members, please help, totally desperate! Yesterday Whyte and Co took my company van and want £1200 or they will sell at auction by 15th march. They say it is for 2 unpaid parking fines going back to July 2013. I was not aware of any of these, they must have been sending letters to my old address that the van is registered at! Me and my brother have set up a small ltd company and are electricians, the van was bought in the company's name and we can not do business without it. The registered van address is my ex family home. My relationship with partner of 8 years went horribly wrong and I was forced to leave and sleep on sofas of family and friends. I have two children and was hoping things with partner will change hence never got myself a permanent new address, and with everything that was going on I did not realise I had to change the log book address, just forgot. Unfortunately, I had to leave the UK in December and due to impending possible war here I couldn't get out of the country I am staying in, I will finally be travelling back in a couple of weeks! In the meantime, my partners alcoholism got worse and the kids are now under police protection! Not only did she ruin hers and kids life, it seems she has ruined my business too by withholding important mail and hacking in to my emails and social accounts! I should have known better! I left the van near my aunts place and asked her to keep an eye on it, she told me it was taken yesterday! Since I lost business and been out of the country I don't have the money to pay the bailiffs but need my van for when I am back as I have to work to support my kids who I will be solely responsible for! If I don't get the van, I can not work and will have to go on benefits which I really don't want to do! I offered the bailiffs to repay in installments but they refused! What can I do, how can I stop the van going in to auction? It is full of my tools and equipment! I need it! My life depends on it!
  12. Hi, can anyone help me. I owe two PCNs due to redundancy and unemployment could not pay. Now working offered them a monthly payment they wouldn't accept. Parked my car near a station today came home and car been seized. Phoned police they said that it had been seized by merton baiffs. Phoned them but not open until tomorrow morning. Beside myself. What happens now? how much do you think it will take to get car back?
  13. I had my car seized by the police due to out of date tax, my fault that Im not trying to worm out of. I was using the car for my buisness at the time of the seizure, didnt quite get all the tools out due to no space in my brothers car who picked me up. I initially said that i would pay the seizure fee and collect the car, but have since changed my mind and decided to let the car go, it wasn't worth that much. I need the tools in the car for my buisness, can I simply go and pick up the tools from the car and not have to pay the recovery fee
  14. I was driving in London last week and and was stopped by the police who was standing in the middle of the road, he said there was a warrant on my van or something along that line, I was told to drive into a Car park with a few other cars, I was met by another constable together with a representative from the bailiffs Collect services, they informed me that I owed £500 for an unpaid parking fine some 3 years back, and that I needed to pay £200 there and then, I told them that I only had £60 available, I was told if I did not pay £200 I would have my van seized. I told them that they could not do that as this was my work van and there is some law that says a van with tools etc can not be seized in this way, he said I was wrong and the van has to have been converted/adapted for use, for instance a side rack, that way it could not be taken, he demanded I hand over the ignition keys at which point the police officer asked for the keys so I handed it over. The bailiff gave me a form stating I must now pay £800+ storage to get may van back or it will be auctioned off. I'm I right in thinking they have affected an illegal act in seizing my vehicle in this way.
  15. Hi everyone, My car was seized yesterday by the police and taken to the impound - reason being I'd changed my address recently and had stupidly forgot to update them. They also sent an email, but I either didn't get it. What infuriated me though is that they didn't call - I would've sorted it out instantly. Anyways - my car is currently in the compound, and I'd appreciate any suggestions on how to get it out. I've found out that most insurance companies are only willing to insure me ONLY when the car is out of the impound. So far I've only found one company (insurance choice) that I am waiting to hear how much they will charge. Does anyone know of anyone else? Thanks
  16. Hello Folks, in 2009 i though it was a good idea to get a new car, so i did. i already had a car which was bought using a personal loan which was arranged by a different car dealership a couple of years earlier and it was'nt payed off yet. I got the new car and was over the moon, and was'nt really thinking about anything else at the time. My friend wanted my old car and said he would keep my monthly payments going so i stupidly agreed. I didnt get any paperwork signed over and there is nothing official put in place. This was working for the first few months until my friend encountered machanical problems with the car He parked it up for a while in his street not knowing the tax was in need of renewal. Eventually the car was clamped and because no action was taken by my friend it was later uplifted. Some time passed and i had not heard anything regarding the old car and nobody was chasing me for payments or fines etc. Now again, stupidly, i though that this was a good thing and that my luck was in so i turned a blind eye and forgot about it. Recently, after being a member of "Experian" for about a year, a new credit file appeared on my report all of a sudden for guess what.... yes, the old car !!! Now by this time i had a better understanding of credit and the importance of it after some minor lessons learned after student loans and overdrafts etc so i was really worried about what may follow. now, before i start to pay my debt for the old car, i would like to know if i should be paying for something which i dont actually have? (I know, this is my own fault). Now i dont actually know what has happened to the old car, my friend presumed it had been destroyed by the DVLA since it was'nt re-claimed after it was towed away. I am at a loss just now, i am so confused and dont know who to contact. the ideal situation for me would be to get the car back if it still existed and start re-paying my debt though i dont think it will be as straight forward as this. The worst case scenario would be to start re-paying the debt and being told that the car had been destroyed and that nothing could be done about it. I dont have anything from the DVLA to say the car was destroyed, though i also dont have anything from the DVLA to say they have my old car in a compound awaiting collection. Like i said at the start, this is a strange one, which was brought on by my own stupid actions. Trust me, i have learned my lesson! All i want is to be pointed in the right direction as i doubt anybody else has experience anything like this. Any help is appreciated, thank you if you took the time to read my problem. Regards, Thomas
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