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Please help! Penalty tickets/logbook problems!


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Hi I'm looking for some advice, I've been on this site before and have got some good advice on legal problems.

 

This is going to sound a bit complicated :???: but I do hope someone can help me! So basically I bought my Mercedes last summer but all the details are on my (now ex) parter's name. Around Christmas last year we ran into major financial difficulties and we both went our separate ways, obviously I know I should have changes the logbook details to my name at the time, but my dad died so I had to travel out asap for three months. By the time I came back to UK I had to get a place to live, and sort out some other personal problems, and as I had no problems with my car I completely forgot to change the details! I then took out a logbook loan (my partner had to help me with that as its he's name on the lb, yes more :???::???::???:) so I could get a deposit for the house I wanted to rent, and now due to missed payments with logbook I'm up to my neck in debt.

As I was settling into my new home and about changing my car details, I had a robbery and the logbook with the ex's details was stolen!! :x:sad:

 

Around a month ago my car was clamped in central london and there was a note by the wipers saying I should call the bailiffs so he could tell me how much I had to pay and why my car was clamped. So I called the bailliff (who was extremely rude,:shock: as you can imagine!) and he told me it was for two parking tickets made out around November last year, and that I would have to pay £1,613:shock: for the charges. As he was so rude to me, my daughter had to call him again and ask him why the charges are so high, and he explained that they had written letters, and had come to our old house to clamp the car and that every time they write or "pay a visit" its about £100/250. We tried to explain that we don't live at that address and we were never aware of any penalty tickets, but he didn't listen, just shouted that if we didn't pay the car would be towed.

I have tried to sought legal advice and was told to get a TE7 form - Application to file a statement out of time/extension out of time and a TE9 form - Witness Statement. I filled out both and waited nearly three weeks for a reply and finally got a letter saying that the evidence I gave was not good enough basically, and that I can appeal again but before a magistrates judge.

 

I want to seek more legal advice but I'm worried that they might not be able to help me as the logbook is on my ex-partners name. I downloaded a V62 form and have sent it off to DVLA this week gone with my own details but I don't know if that would be much help right now as the penalty charges are on my ex's name and and it just seems everything is on my ex's name! I have spoken to him to help me call CAB but he's not someone who keeps to his word. I'm just really depressed about this whole issue as it is really affecting my health, and I've been made redundant so money is extremely tight. I'm also really worried about the bailiff charges that are going on top of the original £1,613. I just want to collect the car and sell it so things can be a little easier for me! Please, please help anyone, any advice would be so much appreciated!

Thank you

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Can you advise whether your name is on the bailiff's warrant, or is it your ex-wife's? If it's her name, she will have to deal with the bailiffs and the legal process. She is the debtor, not you.

 

And where is the car now? Do they have it?

 

In terms of your car, you must impress on the bailiffs that you are the legal owner and show them proof that you have seperated - council tax bill, any legal papers, rent agreement (showing you no longer live together) - things like that. Hopefully they will then leave the car alone or return it if they have it. They can't rightfully take your property to settle someone else's debt, although they may try. You need to try and get them on-side and have your ex sort the debt out, if it's her who is on the documentation.

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Can you advise whether your name is on the bailiff's warrant, or is it your ex-wife's? If it's her name, she will have to deal with the bailiffs and the legal process. She is the debtor, not you.

 

And where is the car now? Do they have it?

 

In terms of your car, you must impress on the bailiffs that you are the legal owner and show them proof that you have seperated - council tax bill, any legal papers, rent agreement (showing you no longer live together) - things like that. Hopefully they will then leave the car alone or return it if they have it. They can't rightfully take your property to settle someone else's debt, although they may try. You need to try and get them on-side and have your ex sort the debt out, if it's her who is on the documentation.

 

Hi, thank you for the advice.:-)

Just wanted to add that its my ex-partner (HE) - we weren't married.

And yes it is on he's name but he is also going through he's own financial struggles so he's really no help :| and like I said the logbook is on his name too so that's where the problem lies.

The bailiff took the car to a depot in Walthampstow and its been there since, I've tried asking if I could pay by instalments, but he refused. I have documents showing we no longer live together, but do you think that would help much?

Thanks again.

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Sorry I misunderstood your personal details.

 

Basically, he owes the money. You own the car. You do not necesarily need his help to sort this out.

 

Legally, they cannot take your property to settle his debt. I do think it helps if you can demonstrate to them that you no longer living together as a couple. They will know thay are acting improperly if they continue to hold your car against his debt.

 

If you lived together they would likely disregard the issue of legal ownership of the car - but if you show them you are living apart, and prove to them that the car is your property, then they should by rights return the car at no charge to you and go after him for the debt.

 

He can deal with it - he has avenues open to him.

 

You need to get a bailiff expert to advise you how to get this moving, and you might need to threaten them with legal action - I think someone called Tomtubby on this forum is often mentioned as an expert in the area. See if you can contact them for specifics on what to do next.

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Sorry I misunderstood your personal details.

 

Basically, he owes the money. You own the car. You do not necesarily need his help to sort this out.

 

Legally, they cannot take your property to settle his debt. I do think it helps if you can demonstrate to them that you no longer living together as a couple. They will know thay are acting improperly if they continue to hold your car against his debt.

 

If you lived together they would likely disregard the issue of legal ownership of the car - but if you show them you are living apart, and prove to them that the car is your property, then they should by rights return the car at no charge to you and go after him for the debt.

 

He can deal with it - he has avenues open to him.

 

You need to get a bailiff expert to advise you how to get this moving, and you might need to threaten them with legal action - I think someone called Tomtubby on this forum is often mentioned as an expert in the area. See if you can contact them for specifics on what to do next.

 

Thank you so much for the advice, I will definitely be putting this into consideration! But, how exactly do I find Tomtubby? I've tried looking but cant find the person..

 

Thanks again!

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How much is the car worth? You don't owe a penny so if you just leave the car at the pound that will be the end of it as far as you are concerned.

 

The car is worth 17 grand so I cant just leave it unfortunately. Thats why I want to get it back so I can sell it and settle some of my debts and buy something smaller?

 

Thanks for your advice!

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Thank you so much for the advice, I will definitely be putting this into consideration! But, how exactly do I find Tomtubby? I've tried looking but cant find the person..

 

Thanks again!

If you go over to the bailiffs section here:-

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?168-Bailiffs-and-High-Court-Enforcement-Officers

 

you should find a number of posts by tomtubby. Better still, just start a new thread in that section by copying your opening post from here and hopefully she will see it there. She is the CAG expert with bailiffs and will be able to advise the best course of action.

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How much is the car worth? You don't owe a penny so if you just leave the car at the pound that will be the end of it as far as you are concerned.

 

Shola already said the debt was around £1600. A Merc bought last summer is hardly likely to be worth less than that!

 

BD

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I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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