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Please Help I'm Desperate/Phillips bailiffs **URGENT**

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Can anyone please help, i don't know which way to turn. If i've posted in the wrong forum, please move to the correct one. This is long but i'll try to shorten it.

In aug last year i was driving my hubby's car and unbeknown to me incurred a bus lane penalty fine. Like i said it was my hubby's car, in oct we had an amicable seperation, and as goodwill gesture the car was signed over to me. My hubby left and all letters addressed to him at our marital home was collected on a monthly basis. Because i was late with my council tax i had bailiffs banging on my door, texting etc ( previous posts) i panicked and foolishly took out a log book loan to pay them off.

I've since defaulted on the log book loan and they are looking to take the car. My hubby has contacted me to say that phillips dca / bailiff have to be paid as it was me that incurred the fine.

Today the car was clamped as it has no tax. couldn't afford it, it was either the car or starve. I've had the neighbours smirking as they do. I just dont know what to do . Can i do an out of time dec for the bus lane fine or am i too late, as i've only been told about it. Can anyone please help .

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p'haps the parking fine forum can help

i'll get this moved.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Yes agreed will do this now.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I think also it would be worth posting in the Bailiffs forums-Phillips are not a particularly nice bunch,as many stories on CAG can demonstrate.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Martin are you able to move it to the bailiff section as well for me pls, as i don't know how to. I think the clampers will be back later today to take car. Where will that leave me with LBL? Oh god what a mess.

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yes no problems I think Tomtubby is the best one to help here since its at an advanced stage.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Guest Happy Contrails

There's some legislation relevant to the OP's position.

 

yes no problems I think Tomtubby is the best one to help.

 

Comment noted, let me know if my help is needed.

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i don't think it matters who helps getting the help needed is the most important thing not who gives it

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HC feel free to post-ALL input is very welcome-the reference to TT was not meant to discourage others-rather that she is well placed to answer all of the questions.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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What paperwork has Phillips left-and how much is it they are asking ?

What fees have been added ?

Can you say how much the LB loan was for ?


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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LBL loan was for £850 taken out the end of nov last yr. philips letter addressed to my hubby ( he was registered owner at time ) says the fine plus costs is approx £190. The car has been clamped due to unpaid road tax.

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Guest Happy Contrails

In aug last year i was driving my hubby's car and unbeknown to me incurred a bus lane penalty fine. Like i said it was my hubby's car, in oct we had an amicable seperation, and as goodwill gesture the car was signed over to me.

 

The driver is the liable party, not the registered keeper.

 

My hubby left and all letters addressed to him at our marital home was collected on a monthly basis. Because i was late with my council tax i had bailiffs banging on my door, texting etc ( previous posts) i panicked and foolishly took out a log book loan to pay them off.

 

You will need the help of an expert in consumer credit contracts. There is consensus many consumer credit agreements do not comply with the Consumer Credit Act 1974 and you may not owe anything at all.

 

I've since defaulted on the log book loan and they are looking to take the car.

 

They are entitled to do that, the car belongs to Logbook Loand because you signed a Bill of Sale.

 

My hubby has contacted me to say that phillips dca / bailiff have to be paid as it was me that incurred the fine.

 

Your husband is under no obligation to give information about you to a bailiff. He can let the bailiff return the case to the bus lane authoirity unpaid. His only obligation was to complete a Notice to Owner under Section 172 of the Road Traffic Act when (if) he received the original contravention notice from the Authority.

 

Today the car was clamped as it has no tax. couldn't afford it, it was either the car or starve.

 

While I appreciate there is substantial financial hardship, keeping an untaxed vehicle commits an offence under Section 29 of the Vehicle Excise and Registration Act 1994.

 

I've had the neighbours smirking as they do. I just dont know what to do . Can i do an out of time dec for the bus lane fine or am i too late, as i've only been told about it.

 

You can file OOT stat declaration & yes tomtubby can show you how to do that. You will need grounds for your appeal (e.g. your vehicle is an exempt class or outside charging time etc) and why you are appealing late (e.g. documents were sent to wrong address etc).

 

Can anyone please help .

 

There are several noteworthy points in your post.

 

Your post says you are suffering financial hardship. If you are claiming a prescribed benefit, e.g. Income support or you are in charge of young children then the bailiff must cease enforcement. You could be classed under the National Standards for Enforcement Agents to be a vulnerable persons for the purposes of civil enforcement. More: Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents Let me know if this applies to you and I'll write a template letter for you to send to the bailiff and one to send to the bus lane authority.

 

Your other point is the car is the property of LBL and the DVLA has fixed a wheel-clamp to your car with intent to confiscate it for non payment of car tax. There is currently no legislation enabling the DVLA (or a private company trading in car tax enforcement) to charge you a fee to fix or remove a wheel-clamp to a vehicle with a view to obtain money from the registered keeper or driver for the non payment or non-display of current road tax. It can only apply and enforce penalties that are prescribed in legislation.

 

If the DVLA (or its contractor) takes the car to the crusher then Logbook Loans will need to settle its differences with the DVLA because the DVLA unilarerally took possession of the car from the keeper and damaged it beyond repair without checking who is the owner. Under Section 1 of the Excise and Registration Act 1994 it is the keeper that is liable for maintaining car tax, not the owner.

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I'm not in receipt of benefits, i do have a young child (sch age) at home. My worry is that if the clampers remove car, will logbook loans chase me for the outstanding balance. I'm not trying to shy from what i owe. But from my previous experience with the bailiffs last year over c/t, i can't have them banging on my door again. They terrified my child & caused me under duress to miss my mortgage payments, i nearly lost my home.

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Guest Happy Contrails

Yes they probably will remove the car within 24 hours if they dont hear from the registered keeper. Logbook Loans will be annoyed with you if the DVLA takes the car because they will lose their collateral and will have to chase you through the small claims court. They cannot take what you dont have and Logbook Loans are well aware of the risks they take when trading in consumer credit with high interest rates.

 

Do you still have the documentation from last years council tax? If a bailiff terrified your child then you should consider filing a Form 4 against him and check whether his fees are lawful. I bet your bottom-dollar there will be an irregularity with his fees and you could be due a nice refund from the council.

 

You need to get the clamp removed, then reclaim the fee irregularities with the DVLA afterwards using the Parliamentary Ombudsman Service.

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Thats just it i dont have the money to pay the clampers. The car will be gone today, can i do anything about the bus lane offence though? . My heads swimming from lack of sleep & worry. Its my own fault im not expecting any sympathy, just advice on what will happen when the cars taken, regarding lbl.

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Guest Happy Contrails

If LBL chase you for money you dont have, there not alot they can do. They knew the risks when they loaned you the money.

 

If LBL is harrassing pesterering or intimidating and its causing you undue stress and anxiety then seek advice about applying for a restrainaing order under the Protection from Harassement Act 1997.

 

There is no legislation saying you cannot remove the remaining three wheels of your car and put locking wheel-nuts on the vacant wheel stubs. It wont stop a tow truck but might give you more time.

Edited by Happy Contrails

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The clampers have been and taken the car this morning, quite embarassing as all the neighbours were out watching, as they do. What happens now with regards to the car & lbl. Can someone please help.

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l am afraid that your car is now history, it will be crushed and yoy will receive a charge of £75 pound or so from DVLA for the crushing costs. The problems with the bus lane fine and your log book loans will also remain and the only way to deal with this is to seek advice here about how to deal with the log book people. The fine will not go away and my proposal is to try to make an arrangement with the bailiff to pay off the fine in installments. Do not know much about Phillips, but, from what l've seen they seem to be even worse than Marstons and l thought that was impossible. Note a couple of important things, though, they cannot break in or enter your premises other than by peaceful means. That means through an open or unlocked door or an open window, why it is important that you keep your house locked up at all times. Do not open the door under any circumstances and talk to the bailiff through an open upstairs window. Then, do not panick, but, sit down and really work through your situation, your finances and what you really can do and cannot do. Do not worry about your nrighbours, if they gloat at your situation now, it could be their turn tomorrow. lt is nothing to be ashamed of, there are millions of people in your situation today and with the governments blessing, the bailiff's have their golden era. There is always a tomorrow and this will not kill you, only make you wiser, better and stronger, believe you me.

Gustavius

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I suggest you start a new thread in the Log Book Loans forum bingowings. Please don't let this get to you. Log Book Loans / Bills of Sale - The Consumer Forums


 

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