Jump to content
style="text-align:center;"> Please note that this topic has not had any new posts for the last 3646 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hello there, pls forgive me if a similar thread has been posted before. My car was clamped on the 6/08/10 by a bailiff. The reason for this clamp is because a pcn issued in April last yr was not paid by the registered keeper who at tht time was my boyfriend. But the car is on finance and is under my uncle's name, so technically my uncle is the legal owner. I am now the registered keeper of the vehicle with effect from July and have a v5 to prove tht as I have not received my log book yet. But my uncle is still the legal owner since the finance agreement is in his name. I filled in a statement to Tec who issued the warrant and have told the council to put all action on hold. Phoned the council who said if I can show the bailiff proof of ownership then they should release it. But the council have changed their song and are saying its up to the bailiffs discretion to release it or not. Showed bailiff v5 and not having none of it, threatening to tow car even tho tec has informed council all action should be frozen. Phoned council about bailiff and they have turned around and said its practically my fault by law, before u buy a car you should check if it has any warrants e.g tickets speeding fines etc . Another thing is the person who keeps on ringing me is not certified but the name of the person on the levy is certified. The certified bailiff did the clamping and the uncertified one wrote the levy form put his number on there and is the one who has been calling me. I really don't know what to do, phoned the police who said they can't do an awful lot coz its a civil matter. And up until I get my log book they can't do anything coz according to dvla records have not been changed. Phoned dvla who said it can take up to 6 weeks for their system to be updated. So now my questions are the bailiff company know the car is on finance and still clamped it and even threatening to sell it at auction. Can they do that? Also is a v5 document not proof? Can they tow it if tec has informed council that bailiff action should be frozen? Can the uncertified bailiff chase me up even tho on the levy the certified bailiff's name is on it. Can they levy a car on finance not hire purchase? They also took my keys. thank you for answers in advance.

Share this post


Link to post
Share on other sites
Hello there, pls forgive me if a similar thread has been posted before. My car was clamped on the 6/08/10 by a bailiff. The reason for this clamp is because a pcn issued in April last yr was not paid by the registered keeper who at tht time was my boyfriend. But the car is on finance and is under my uncle's name, so technically my uncle is the legal owner. I am now the registered keeper of the vehicle with effect from July and have a v5 to prove tht as I have not received my log book yet. But my uncle is still the legal owner since the finance agreement is in his name. I filled in a statement to Tec who issued the warrant and have told the council to put all action on hold. Phoned the council who said if I can show the bailiff proof of ownership then they should release it. But the council have changed their song and are saying its up to the bailiffs discretion to release it or not. Showed bailiff v5 and not having none of it, threatening to tow car even tho tec has informed council all action should be frozen. Phoned council about bailiff and they have turned around and said its practically my fault by law, before u buy a car you should check if it has any warrants e.g tickets speeding fines etc . Another thing is the person who keeps on ringing me is not certified but the name of the person on the levy is certified. The certified bailiff did the clamping and the uncertified one wrote the levy form put his number on there and is the one who has been calling me. I really don't know what to do, phoned the police who said they can't do an awful lot coz its a civil matter. And up until I get my log book they can't do anything coz according to dvla records have not been changed. Phoned dvla who said it can take up to 6 weeks for their system to be updated. So now my questions are the bailiff company know the car is on finance and still clamped it and even threatening to sell it at auction. Can they do that? Also is a v5 document not proof? Can they tow it if tec has informed council that bailiff action should be frozen? Can the uncertified bailiff chase me up even tho on the levy the certified bailiff's name is on it. Can they levy a car on finance not hire purchase? They also took my keys. thank you for answers in advance.

 

A V5 only shows who the Registered Keeper was at a certain time this is not necessarily the legal owner, therefore that document is uselesss to show the Bailiff.

 

If your uncle is the legal owner and his name appears on the finance documents as such then he should send a copy of this to the Bailffs ASAP with a letter demanding they remove any device that is immobilising the vehicle. He should also point out that failure to do so on their behalf will leave them open to any charges he may incur in having to procure a temporary means of transport.

 

Here's a sample of something you could use, send any letter by both email and post using Signed For:

 

"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. "

 

PT


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

 

[sIGPIC][/sIGPIC]

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...