levvied on car which is on finance

[royzor]

Hi

My son got a parking ticket from the council in Feb and the silly bugger didn't pay it. I got home from work yesterday and the bailiffs had levied on his car which is under finance.

The original fine was £80 and now they claim its £284.10. On the sheet they posted through it says the fine was £95. He phoned the bailiff and she was willing to drop the balance to £165.28 but he had to pay the amount in full.

I phoned her to query the levy charges and explained she has levied on a car which is under finance but she wouldn't drop the fees. She claimes that they can still clamp it when its under finance.

Should he pay the reduced amount or shouls he stand his ground?

 

roz

[seanamarts]

They cannot levy a car that is on finance its a simple as that, They can only levy on goods that belong to the debtor.. which bailiff company is this. You should really make a complaint to the chief executive of the council and let them know the bailiff has committed an illegal levy and refuses to budge on the fees. In the meantime I would pay this amount as it seems quite reasonable then argue the fees at a later stage, other wise it could end up costing far more.

[royzor]

Hi sean thanks for your reply. The Bailiff is from Marsden group.she claims she has called to the house twice but if she did nothing was posted through to prove this.

My son is a young 19yr old he is working full time although he isn't on a huge wage and he bought the car on finance last year, He also pays over the odds for his insurance so i refuse to sit back and watch him being taken for a fool.

I will tell him to pay the asking amount for now and claim the fees back as you sugested. I will also put a complaint into the council and see where it gets him

 

thanks again

 

roz

[fork-it]

Hi

My son got a parking ticket from the council in Feb and the silly bugger didn't pay it. I got home from work yesterday and the bailiffs had levied on his car which is under finance.

 

Levy is not vaild so dont need to pay any levy fees. Goods on finance remain the property of the finance company until the final payment is made.

 

The original fine was £80 and now they claim its £284.10. On the sheet they posted through it says the fine was £95. He phoned the bailiff and she was willing to drop the balance to £165.28 but he had to pay the amount in full.

 

Taking you for a ride, the law only provides for 20% of the amount you are fined. £115.00. There is also a letter fee £11.20 but you only pay that if the bailiff can show compelling evidence it was delivered.

 

Sch.1 Road Traffic Debts (Certificated Bailiffs) Regulations 1993 http://www.legislation.gov.uk/uksi/1993/2072/schedule/1/made

 

I phoned her to query the levy charges and explained she has levied on a car which is under finance but she wouldn't drop the fees. She claimes that they can still clamp it when its under finance.

 

Phone the bailiff again, this time record the bailiff saying that, then file a Form 4 complaint. Make sure the unbroken recording contains the bailiff confirming his name and his firm. Say as little as possible and promptly end the call with a thank you. Be VERY polite, the recording may need to played before a judge to support your complaint if the bailiff decides to lie. If he does lie in front of a Judge then you are laughing! Section 1 of the Perjury Act 1911.