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Has a Bailiff "levied" upon a car that is not owned by you ????


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Reading you Complaint I think you would have been better off at the time making a Regulation 46 Complaint in the Magistrates Court.

PT

I agree I would have been better appealing to the Magistrates court at the outset. I have since tried this in addition to the form 4 distress for rent, as it turned out, I postponed it while going through the complaint channels, and my appeal had been turned down by the court because of section 127 of the Magistrates Court Act 1980 which states that the court shall not hear a complaint unless it is made within 6 months from the time the matter of the complaint arose.

Magistrates’ Courts Act 1980

1980 CHAPTER 43

Part VII

Miscellaneous and Supplementary

Constitution and place of sitting of magistrates’ courts

Limitation of time

127 Limitation of time.

(1)Except as otherwise expressly provided by any enactment and subject to subsection (2) below, a magistrates’ court shall not try an information or hear a complaint unless the information was laid, or the complaint made, within 6 months from the time when the offence was committed, or the matter of complaint arose.

On a point of injustice, there is a fee of £200 for making the application to the court.

What fees were charged by the bailifflink3.gif and have you had them refunded?

 

PS: Which bailifflink3.gif company is this?

 

The normal fees that is standard practice for bailiff's to charged. I found out later that on the day of the levy £110 van fee and £25 levy were added. I did not pay the fees, but in my opinion that is beside the point.

 

The bailiff firm was Rossendales.

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I agree I would have been better appealing to the Magistrates court at the outset. I have since tried this in addition to the form 4 distress for rent, as it turned out, I postponed it while going through the complaint channels, and my appeal had been turned down by the court because of section 127 of the Magistrates Court Act 1980 which states that the court shall not hear a complaint unless it is made within 6 months from the time the matter of the complaint arose.On a point of injustice, there is a fee of £200 for making the application to the court.

 

 

The normal fees that is standard practice for bailiff's to charged. I found out later that on the day of the levy £110 van fee and £25 levy were added. I did not pay the fees, but in my opinion that is beside the point.

 

The bailiff firm was Rossendales.

 

 

To save me having to reread all of the posts can you confirm whether or not the bailiff company have refunded your fees?

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  • 3 weeks later...
If a bailiff has levied upon a car that is not owned by you and he is provided with PROOF that you are not the vehicle owner then you must also ensure that all charges associated with this "levy" are also removed.

 

Many people with a Liability Order from a previous year are requesting a copy of the Screen Shot of their account only to discover that a "levy" and additional charges had been applied to the account.

 

You can make a claim for a refund and you should most certainly do so. Complaint should also be made to the council.

 

It is astonishing the number of times that we hear that a bailiff has "levied upon a car" that is not owned by the debtor and debtors should be ensuring that they get a FULL REFUND of all fees associated with such a levy.

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the debtor can complain and have the illegal charges refunded or wiped off, but what recourse does the innocent third party who owns the car have?

 

VERY RARELY have I ever heard of bailiff's taking somebody elses's car is such circumstances. Strange really but COULD be because they know that the car does NOT belong to the debtor......

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