Jump to content


  • Tweets

  • Posts

    • Your case shows the idiocy of employing a solicitor to do things you could easily do yourself. Had Countryside dealt with their own case they would have entered judgement on 4 June and there would have been no way back for you. But they thought they were clever by running to Rachael and Sean of BW Legal for a more "professional" (aye, right) service.  These dodgy solicitors can only make money on private parking cases by doing everything on the ultra cheap and certainly cant check the judgement date for every single separate case. Ho!  Ho!  Ho! Anyway, glad you got the defence filed OK. The next stage is that the central bulk court will send out a simple form called a Directions Questionnaire to you and to Countrywide which is part of the allocations process to your local court.  If you read this short thread you will see all the stages of the court process  https://www.consumeractiongroup.co.uk/topic/406892-highview-parking-anpr-pcn-claimform-urban-exchange-manchester-claim-dismissed/#comments
    • It is already trespass, nothing further needed to make out trespass. Not sure where ‘interference with goods’ helps you / how you’d bring a claim for that that stops them parking there.
    • Thanks Dx,    For some further information, the holiday was booked as a package holiday for 2. One of the 2 had to be changed, and changing costs £700 for a new flight as "tickets had been issued and they cant do a name change". I cant quite figure out how compensation works for things when it comes to package holidays.    From what I can tell  - The plane was due to land in Turks and Caicos to drop off passengers, something happened during descent, resulting in technical fault.  - The rest of the original flight from Turks & Caicos -> Montego Bay was cancelled  - A New flight was put on today, which was then delayed by 1.5hrs aswell  - Hotel was provided for the night after much hassle.  - 1.5 days, 2 evenings of holiday lost  If I understand correctly, since the original flight (LHR -> Turks -> Montego Bay) was cancelled, they are both entitled to a refund on that full flight? I can't quite work out if they are only entitled to a refund for the equivalent of Turks -> Montego Bay, or for the full LHR->Turks->Montego Bay, since it was issued as one ticket/all Virgin, and they should have arrived yesterday..?)  I can't work out how to get the cost of that compensation, or whether its a set figure, and how the loss of days of holiday is factored in   I am aware:  If you received less than 14 days’ notice of the cancellation, you are generally due compensation, awarded in pounds or euros depending on where your flight was due to depart from, according to the following scale: £220 / €250 for all flights of 1,500km or less (e.g. Glasgow to Amsterdam); £350 / €400 for all flights between 1,500km and 3,500km (e.g. East Midlands to Marrakech); £520 / €600 for all other flights (e.g. London to New York). Compensation will be reduced by 50% if the arrival time of the replacement flight doesn’t exceed the arrival time of the original flight by: two hours for flights of 1,500km or less; three hours for flights between 1,500km and 3,500km; four hours for all other flights. So I "think" its £520pp for the flight part as compensation (7500km)... but some sites say its a full refund for the flight... is it both?  Thanks,  Ryan  
    • Our business was only transacted digitally as I was not in England at that time.  
    • Funny. But not sure I should ! Wondering if I could place pots and plants - which a) would look nice and b) would it then be trespass and interference of goods?
  • Recommended Topics

  • Our picks

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

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

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

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

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

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

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

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

      Frankly I don't think that is any accident.

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

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

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

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

       

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

Levy on hp car - Can this be done? Long post!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4643 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

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

 

Thanks

Recommended Posts

Hi Everyone

 

We have had problems with the bailiffs for council tax from a previous address. First contact was before christmas 2007 and all my correspondance was ignored. Got a letter a few weeks ago saying that they were adding our account to be seized. Sent a letter to them with an offer of payment, Got a reply saing it was now with a Mr XX bailiff and to contact him direct. Did this and sent the same letter to Mr XX. Got a reply practically the same as the last saying to contact the bailiff direct.

 

Bailiff turned up last week for payment (owed them £207) after a lot of pressure I reluctently and very upsettly agreed to ask my nan to lend me the £200 to pay him. He said because he was there the balance was now "a lot more than £200, but he would accept that as a first payment".

 

He then made my husband sign a walking possession agreement as he had to go out to collect the money. The WPA was on our car. This is currently on HP from Welcome Finance with about a year left, he knew this and still said he could levy on it and if need be take it away for auction. I was sure he couln't do this but he bullied my husband into signing anyway. He has charged us £27 for a levy fee, £12 for a waking possession fee, £20 for a HPI check, £95 enforcement fee and £24.50 discharge fee, a totla of £178.50 extra.

 

My questions are :

1. Can they charge us for coming out with a van to remove goods before they have been and levyed on anything?

 

2. Can they really levy on our car? He said because we have paid so much off the finance he was entitled to impound the car and sell it. I dont think he could as if I cant sell the car, he cant sell a car at auction with outstanding fiance!

 

After paying the £200 he "kindly" contacted the Council and asked them to take the debt back as we are in a "vunerable group" (hubby is on incapacity benefit and we have 5 children all under 8, we only get incap benefit, child benefit and child tax credit). Should he found out we were in a vunerable group and tried harder to help us first by accepting payments?

 

Just wanted to know about if he could levy on the car and if not can i contact the bailiffs company and complain and claim the charges back?

 

Any help would be great.

 

Mummy_of_Five

Link to post
Share on other sites

You only own the car when the final payment is made to the HP company (some also have a final purchase fee), therefore he has levied the HP company's property - so no he cannot levy a car (or anything else for that matter) on HP.

 

I don't know the answer to your other questions but I'm sure someone else will be along soon to help.

Link to post
Share on other sites

The enforcment fee is WRONG and the bailiff knows it.

 

The purpose of the visit is to levy upon goods. In this case he has tried to charge an "Attending to Remove" fee. He cannot charge this unless he first has a valid levy in place. He does not have this.

 

He has levied upon a vehicle that is exempt from seizure as it is subject hire purchase. . In this case the levy fee, walking possession fee and "enforcement fee" must all be refunded. WRITE to the bailiff company to ask for these fees to be removed from the account failing which you will be considring a formal complaint about this particular bailiff.

 

Can you pm me the name of the bailiff and the company that he works for.

Link to post
Share on other sites

thanks guys. Just as I thought, he couldn't touch the car but was only trying to threaten us into making the payments.

 

Tomtubby, I got you to check out the bailiff a few weeks ago and he was a certified bailiff. thanks fot your offer to help.

 

Does anyone have any advise on what to write in the letter? I'm unsure coz all the letters I have previously sent have been ignored - besides two. Should I sent it to the bailiff or the manager in the company or who?

 

Any help is greatfully received.

 

Mummy_of_Five

Link to post
Share on other sites

Anyone , any advise on a letter to write. Would like to get this done as soon as possible coz they called out on the 5th and dont want to leave it too late before contacting them about their actions.

 

Kind Regards

 

Mummy_of_Five

Link to post
Share on other sites

Vehicles Subject to Finance or Lease Agreement

 

NOTE: This letter can be adapted to suit your own circumstances and could be used to inform the company, in advance, that you either do not own a vehicle, or that it is subject to either a finance or lease agreement.

To: Bailiff Company

Date:

 

 

 

Dear Sirs,

 

Re: Account reference.

 

I refer to your letter/visit dated
(enter date)
informing me that your company have been instructed by
(enter local authority)
to enforce a warrant/liability order etc against me, in respect of
(a parking charge notice/council tax etc).

In your letter you state that you will be visiting/returning to my home to
(seize/auction etc my goods.)
unless full payment of (enter amount) is made by return.

I am aware that statutory regulations provide that certain items are exempt from seizure. These include:

"Such tools, books, vehicles and other items of equipment as are necessary for use personally in employment, business or vocation”.

Could you please note that, although I have the use of a motor vehicle, this is however
(not owned by me/subject to lease/or finance).
As evidence, I am providing photocopies of
(enter details).

For the reason stated above, if your company attempts to seize the above vehicle and/or charge me additional fees to do so, I will consider making an official complaint about your bailiff’s conduct to both the County Court and the Local Authority that instructed him.

Could you please confirm safe receipt of this letter.
(ensure that you keep a copy)

 

 

Yours Faithfully.

 

 

 

 

.

Request for Refund of Bailiff Fees for Council Tax

 

The following is a draft letter that can be sent to the bailiff company to request a refund of charges in relation to the collection of arrears for Council Tax

 

NOTE:
We recommend that this letter should be sent after receiving a response to your Subject Access Request, (a copy of which can be found here
Bailiffs: Subject Access Request

(Name of company)

 

Dear Sirs,

Re: Council Tax Reference:

I am writing concerning the above unpaid Council Tax and your recent response to my Subject Access Request.

From your records, you will see that one of your bailiff’s visited my home on (enter date) and that I paid fees and charges of
(enter amount if available).

I refer to the The Council Tax Administration & Enforcement (Amendment) Regulations 2003, a copy of which is provided
(provide a copy)
which clearly states that the amount that you should have charged to me was
(enter amount).

For the following reason, I believe that you have overcharged me by
(provide details).
If you think that my calculation is incorrect, please provide details, failing which, I require a refund of these fees by close of business on
(enter date 7 days from this letter).

Due to the seriousness of this matter, unless I receive from you either: an adequate explanation why you believe that my calculation is incorrect, or a refund of the fees as stated above, I intend to issue proceedings against your company for recovery of my fees.

I will be providing a copy of this letter, together with your response to the Local Authority.
(ensure that your letter is sent by Registered post…and keep a copy.)

 

Yours Faithfully.

 

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

Link to post
Share on other sites

  • 3 years later...

I've had bailiff call at my home today for parking tickets

That I have paid!!!

I have contacted the county court

For out of time statutory decularion, the bailiff said he will

Be back to levy my car in 5 days my car is on fianace Can he take it??? Mummy_of_five post was 3 years ago has the law changed since???

Thank you.

Link to post
Share on other sites

I've had bailiff call at my home today for parking tickets

That I have paid!!!

I have contacted the county court

For out of time statutory decularion, the bailiff said he will

Be back to levy my car in 5 days my car is on fianace Can he take it??? Mummy_of_five post was 3 years ago has the law changed since???

Thank you.

 

Start your own thread for a better response, click on the link below

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=168

 

PT

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...