Removal of car problem.

[Tawnyowl]

I should know by now where to post a thread, but havent really studied this area before. Perhaps if a wise one is around they can move if in wrong area. I recently was repossessed, went bankrupt, and my company was dissolved. Not a big company , prob the smallest in uk. I managed to find accom in a flat for my family after repossession,then 2 weeks ago i moved to a rented house:-D After repossession i was am still am broke. Due to severe cash flow problems i had to declare my final asset, my car offroad and stored it in the back yard of my flat. After moving i spoke to the landlord and said i will move the vehicle in a couple of weeks when ive saved enough to tax and insure it. Ok ,if you want you can stay another month to,as the new tenant wont be moving in for a while. Today i was having breakfast, a nice full breakfast in the cafe below the flat with my wife when landlord and drone pulled up, and started mouthing it in the cafe. As you can imagine my breakfast was slightly spoilt but eaten all the same(credit crunch)its getting eaten. Memories of olden days between eating came back, but didnt go there. 1 minute later, while having a nice cup of coffee a car loader pulled up and my blood pressure was rising slightly, maybe due to the coffee i dont know. Old times came back and i went out,not bothering anymore what happened. After being a member on here for nearly three years, being a diplomat becomes part of your nature as others were with me in the beginning. A kind of in the beginning telling me to go to hell, in such a way that i was looking forward to the journey. I am sorry i am writing this in such a way but i am absolutely lost and hope someone can give me the cold news i am dreading as i feel my last asset that i spent months cleaning repairing polishing has gone. This is what happened. The landlord had employed a repo lorry or whatever you call them to tow my vechicle away. I didnt really have a go with the landlord or his son because he is knocking on a bit,but turned my attention to the baliff or whatever you call them. He was very polite, i suppose they are, and i said that is my vechicle, i will move it now. No this wasnt allowed because i would be driving it on public road. So now it is in Bolton. The driver said i will do what i can for you. Right top and bottom of this is it would have been nice to have been given warning before removal. They know where my family live. Can they just do this. Have you no rights to at least have been given a little notice. Completely out of my depth with this final blow. I can take any advice, i feel all is lost.Tawnyowl

Edited August 6, 2009 by tawnyowl

[green_and_mean]

Do you owe the landlord money? Who has the car? Why was it removed?

 

ps can you put spaces after commas and full stops it is impossible to read otherwise!

[Tawnyowl]

Rent wise everything ok. I have moved from there. The car is now with Metro Salvage ltd Bolton. Thanks for replying. Just a spitefull thing to do.Just wanted to know your rights before a vehicle is towed away.Got a feeling ive lost this one.Tawnyowl.

[green_and_mean]

If they have just removed it report it as stolen they have no legal right to keep it as far as I can see.

[Tawnyowl]

I understand the possible no legal right to keep it on the Metro Side. But what are any, if there are any possible warnings that should be given before removal. If a vehicle that is sorned on private land be removed at least before the legal owner is informed. Metro i suppose will have some hefty fees to recover the car. Thanks for replying Tawnyowl.

[green_and_mean]

If there are any fees payable they are owed by the person who asked them to remove the car. The landlord would then have to sue you to recover the costs. You just need to go to the car yard and pick up the car if they refuse point out its yours and they have no right of ownership over it and threaten to call the police.

[Tawnyowl]

I asked at the time for a card or at least a leaflet from the towtruck. Should a receipt have been given at least for taking the vehicle away. They gave me the business name and tel no, written on a scrap of paper. Also they said if you dont give me the key we will have to smash the lock off. In the tow truck i noticed a small girl about 4,i didnt want to upset her so had to give the key which i had to go home for.

[green_and_mean]

Did you have any written permission to park the vehicle? How long was it there after you moved out? Giving them the key was a bad move as it gives the impression that you gave permission for them to take the car. I would contact the Citizens advice as it seems like a civil matter between you and the landlord. The car is still legally yours and you should attempt to get it back asap or get a written reason why they will not release it. Without signage no one can tow a car without prior warning or ask for a fee for recovery.

[Tawnyowl]

No written permission. Two weeks moved. Bad move giving them the keys, well landlord elderly, son,a complete idiot, a small girl in the cab of the transporters vehicle, the driver threatening to smash the cars lock and ignition system and you get the idea. If it had gone any further i would maybe have been in trouble and caused problems. The signage maybe the landlord gave this,as the car is now in a scrapyard in Bolton.I have been in contact with the police and its a civil matter.I dont do solicitors so rang the scrapyard to find how much to get the vehicle back, it was late so wont find out till tommorow. As hopefully this is the final chapter in a long downward spiral for me, if i cant manage the fee, well i will move on as usual and get on with life. Thank you very much for your replies green and mean, if you ever require any help with repossessions, bankruptcy, redundancy, ivas job seekers, crisis loans, tax credits,i will allways be around. I understand some of those problems.As a chap said to me once, you have my gratitude. Thanks again, Tawnyowl.

Edited August 5, 2009 by tawnyowl

[Tawnyowl]

Will update this later, asking a few things around and about. May as well know the final outcome.Tawnyowl.

[Tawnyowl]

After a few years on the CAG i dont give up as quickly as i used to. So after reading Green and means posts i decided this morning to seek further advice.This is where i am up to. I rang a local solicitors hoping to get some advice on the legalities of this problem. After a short while she told me to ring trading standards and gave me their number then return to them if needed. So i did. They were really helpful and told me many things.Some of the things i wont mention at the moment,you never know whos about;)but if right they are totally wrong to have done this. I then rang the scrapyard to ask how much the vehicle would cost to return. 250.00 next week. I will borrow this money.Basically then i sue them in the small claims court for the costs and damages this has caused. If everything works and no problems arise this is the way i am going. This thread it seems is not over yet. Solicitors i do now. Thanks again Tawnyowl.

Edited August 5, 2009 by tawnyowl

[green_and_mean]

Personally I would send them a letter (the car yard) explaining they had no legal right to take your car and unless it is returned within a reasonable time you will be taking them to Court. It will be much harder trying to reclaim monies later DO NOT pay them a penny. I would also pop into the local police station and see if they will be interested in treating it as theft. There was no signage it is not legal to just take someones car and hold it for ransome. If the landlord wanted it moved he should have given you due notice. If the car does not come back or gets destroyed you can then sue both parties for its loss. Please do not pay them!!!!!!!!

[Tawnyowl]

Thank you green and mean, your post once again has me wondering. When i rang the police the first time giving a brief summary of what happened on the phone, she went away for a short time then said its a civil matter. As time goes by i have begun to wonder about the legalities of this. This is how i see things with your advice and trading standards and solicitor. No signage, no notice, no paperwork or receipt given, by driver,despite landlord knowing many addresses and people i know,including shops below flats where i was when the incident started. They were there at the time as was i. Salvage yard threatening to break lock or glass then ignition if i wouldnt get the keys. Remember the little girl in the cab of it. The elderly landlord,the idiot son. I had no choice but to give the keys to him avoiding escalation of the situation. I have many witnesses to this. I am not going to pay them, you are right. Sometimes you have got to make a stand. When and what date was the original phone call made for this operation to be carried out. They dont just appear from Bolton instantly. Also i had been moving a few things for the last week or two and was regularly in the sandwich shop and saying i was moving it this week. And a barbers i had told him that morning i was moving the car.All connected to the property. Nobody complained they all knew the position i had been in,as the landlord did.I dont hide things. I shall visit the local police station tommorow,to see what they say again,when presented in person. Civil perhaps but at least then i will know. I feel perhaps soon a letter will need to be drafted to the salvage yard. When i said to the salvage driver i will move it, a slight meeting took place with the landlord, then he rang his boss and told them. They insisted it was their right and really without escalating it, for reasons mentioned allready, they then took it. I had really no choice. I will not pay this. If i lose somehow at least i will have tried. Then i will move on with life. You are right. Wont pay, no way. Tawnyowl.

Edited August 5, 2009 by tawnyowl

[pin1onu]

G&M is bang on with his advice.

 

If they have removed the car they have effectively exercised distress feasant on it. (Holding someone else's possession until damages for trespass have been paid.). Have a read of the clamping guide - it's pertinent to your situation.

 

Any form of distress feasant in England and Wales must be carried out by an SIA licensed person. If you can show that this was not the case then both your landlord and the person performing the work are in breach of the Private Security Industry Act and regulations. This is a criminal matter punishable with a fine of up to £5000 and/or time at Her Majesty's pleasure. (Securing a conviction can be quite difficult.)

 

Your best bet is to complain both to the police and the SIA.

 

You should also seek redress through the civil courts if necessary. A threatening letter might do the trick. You would need to sue your landloard and the towaway company.

[Tawnyowl]

Hi ,thankyou for your advice you are all very accurate with your posts, i will be updating shortly. I have today managed to get a very experienced solicitor to give further advice. Due to certain issues regarding this situation i have decided to pay the 250.00. I will explain shortly .But i would have won the case and also damages and possibly theft charges could have been brought. Sometimes you think about things and have to make a decision. Feelings for other people, even though they have treated you and others over a period of years terribly, come into it. They have to live with what they have done to others, and really are just twisted sad people. Forgiveness and the chance just to move on and get on with your life will do me. Repossession, Bankruptcy, company dissolved, ive had enough of courts. I didnt see this coming as it was a family member who has done this. A person and persons who in their lives have only seen pound signs. Who have no members of their family left even though all are alive but want nothing to do with them. Enough of the ramblings i will tell you shortly what the solicitor said, may happen and how to proceed. Just in case anyone else is caught ever in a similar position.Tawnyowl.

Edited August 6, 2009 by tawnyowl

[Tawnyowl]

Well this was the advice. 1-Report car stolen. 2-Go to court and get a return of goods order. 3 Then sue both. Due to age of landlord, and stress this could cause at that age, and being sick of courts, and trouble i just want to move on with life. Just didnt expect this. Time for me is to precious. I have had enough over the last 3 years. Thankyou for your time taken on this thread and valuable advice given. I am sure it will help many.Thanks again Tawnyowl.

[cirian75]

Buddy.

 

They are using the age of landlord as a tool against to make you feel like the guilty one.

 

 

don't stand for it.

[crem]

I agree cirian75

[Britainsworstdriver]

Tawnyowl. I may be the only one here who actually understands exactly what you are saying and your reasons. You have done the right thing for you at this time. What goes around, comes around. They will get their just reward one day for their actions. You can draw a line under this whole matter and start to get on with your life again.

 

I personally wish you the very best. I do see why you have done this. It is not a legal matter or financial matter, it is just the best way forward for you right now. Good for you. You can sleep at night and can move on.

 

Things will change my firend. You will start to see things in a more positive way now and today is literally the first day of the rest of your life. You only have one, so start enjoying it again.

[Tawnyowl]

Thankyou everyone for your advice.I did not have a clue what to do.Your advice was spot on.Today i am up to a few things regarding the car.As usual a few things changed since Metro Salvage of Bolton said they would bring the car back next tuesday for 250.00 but i am hoping to resolve this with a visit to their yard this morning.I will update later.Thankyou Britainsworstdriver i hope whatever plans you are making regards,solutions to any problems you may have soon resolve themselves,if you ever want any help i and others are allways about.I seem to enjoy helping with bankruptcys etc,that kind of thing and thankyou for your understanding of my thoughts regarding my solution to resolving the issue i am facing.By the end of the day if the gods are with me,this will be the end to the car problem.Tawnyowl.

[Tawnyowl]

The day as it went. After Metro said they would return the vehicle for 250 next Tuesday, i received a phone call yesterday saying they had forgotton to put Storage Costs on. MMM, the price all of a sudden had jumped to 320.00 if i picked it up myself. I phoned a few times to discuss this and the price went up and down like a yoyo.The owner when hearing my final offer, said "phone me monday morning i will sleep on it". Cause i will i thought. So this morning i decided to go down there with a good friend of mine. A good driver who used to be amongst other things a head doorman at a tough local club. We arrived at the salvage yard and parked slightly down wind to weigh things up. The salvage yard as you looked in was quite big. A few cars parked near the entrance with sale signs on them. Maybe someones cars who couldnt afford the fees, who knows. Further back a group of gentlemen who wouldnt look out of place in a Sumo Wrestling ring. All round were cars parked on ramps three high, operated by fork lift drivers and people looking for parts etc. We walked into the salvage yard like two people expecting deep down some sort of Custers Last Stand or High Noon drama to unfurl. We found the office and asked where the car was. In the yard somewhere,not knowing where.We searched the yard and saw many vehicles stacked up three high in the kind of condition you wouldnt be driving again.Doors,wheels,engine, bonnets missing that kind of look. A graveyard for abandoned ,scrapped, seized cars perhaps. In one area cubes of cars that used to be someones pride and joy a way back, now making their final journey to who knows where.By this time i was getting many different thoughts going round in my mind but asked one of the fork lift drivers if they knew where the porsces:roll: were kept.Over there he said.Third one up on the rack and one in the corner.About one hundred yards away just a pile of ripped apart cars,the same but not mine.Back to the office."Where is my car i asked politely."At the same time another thought had entered my head.My friend also has a fork lift driving qualification.You will have to use your imagination to think what i was begining to imagine.A few frantic phone calls were made and the lady who i recognised i had spoken to a few times said"Follow me".We went outside the scrapyard down a road and then she said,"vehicles like this we park here we darent put them in the yard because they would be taken apart slowly.On a public road,storage costs,mmm.We immediatly checked it over,a slight key mark on the bodywork,soon sort that.Paid 250 and checked all working ok,checked tyres oil etc then despite not going for a few months,the car started perfectly,took it to a petrol station in Bolton where Sam Allardyce the Blackburn Rovers manager was in the shop.The cashier said to him"What you doing here",mm.I know what i would have said.Something beginning with petrol.But he said,"i live here mate"and smiled.Nice fella.The car is now taxed and insured,but i cant go into details of how this happened.But i feel sometimes,strange things happen and some things are meant to happen to move you in a different direction.I hope.I arrived home just in time to watch the Red Arrows do a display on the promenade.A strange kind of day.Once again thankyou for all the advice you have given me on this thread.Tawnyowl.

Edited August 9, 2009 by tawnyowl

[green_and_mean]

You should contact the Police do not be put off they have stolen your car and are blackmailing you for its return.

[Tawnyowl]

Thankyou green and mean you are correct in your posts but i am just glad its all over. If anyone else goes through a similar thing i would advise them to take the legal route.They would be correct in doing so. I was just editing the post as you posted.Thanks again tawnyowl

[crem]

If anyone else goes through a similar thing i would advise them to take the legal route.

 

..as they are normally advised to do on CAG.

 

Perhaps a number of more people will have to go though this I am afraid because it seems enough people are paying them off with 250quid which is keeping them in business and encouraging them to continue taking peoples cars!