**Bailiffs took my car this morning - please advise** ***WON!!!***

[ploddertom]

It appears to me that the HCEO should have handed your file back to Claimant as under the National Standards for Enforcement Agents you were clearly classed as "vulnerable" and even now may still fall under the same. Unfortunately I don't think we have the time to argue the finer points of this but of course it could be pointed out to your Claimant - it would appear that they knew this themselves but preferred to ignore it.

 

PT

[hedgey06]

Thanks for replying again PT.

 

The car is an 06 registration Corsa, I bought it at 12 months old....... I've just checked online and according to Parkers this is what the car is worth:

 

Guide Price

View example

A car's value is directly affected by its mileage and fitted options, anywhere from £100 to £10,000.

Original Price £10,935

Franchised Dealer £3,700

Independent Dealer £3,455

Private Good £3,320

Private Poor £2,340

Part Exchange £2,795

Adjust for mileage and options for an accurate price.

Average mileage 40,000

Options fitted None

.......... it only has around 23,000 miles on the clock so I'm assuming it's worth slightly more than the guide price of 40K miles? The bailiffs are now saying that the debt is nearly 7K..... more than I originally borrowed despite all previous payments. I don't know what the car would fetch at auction, but I'm assuming it would be a lot less than above???

[hedgey06]

It appears to me that the HCEO should have handed your file back to Claimant as under the National Standards for Enforcement Agents you were clearly classed as "vulnerable" and even now may still fall under the same. Unfortunately I don't think we have the time to argue the finer points of this but of course it could be pointed out to your Claimant - it would appear that they knew this themselves but preferred to ignore it.

 

PT

 

The council were fully aware of my situation, and the bailiff who called at my home around 3 weeks ago was also told - he was actually quite nice and apologised for bothering me at home late at night and said that he'd make sure it was sorted out once he received proof that the payments had been received. I've just phoned my ex-husband to make sure that he's honoured the payments and he's promised to call round tomorrow with hard copies of the receipts...... although I know for a fact that he wouldn't lie about this so the payments have definitely been honoured.

 

I'm really not sure why this escalated ....... the debt was being paid as per their arrangements???

[ploddertom]

Normally goods sold at auction via a Bailiff or HCEO are classed as such and usually go for lower than normal. Cars in particular may fetch rock bottom prices as they are often without keys or documentation. I agree it will go for a lot less than its true worth and they will then just keep coming back for the balance putting on more charges, you end up with a debt you have no chance of paying.

 

It appears to me that as said previously they are just interested in lining their own pockets and removal has been done solely for financial gain. It therefore has to be a letter outlining this to the HCEO, another to the Council as Claimant and I would include your local Councillor in the loop.

 

It may also be possible to apply for a Stay of Execution on several points:

1 - the car has insufficient value to cover HCEO and all associated charges

2 - you clearly have no means to satisfy this debt & HCEO charges - yes you are allowed to claim if you cannot afford to pay

3 - by taking this action the HCEO is putting you further into a debt spiral you cannot escape from

4 - the HCEO should have recognised you as a "vulnerable" client and referred your account back to the Claimant

5 - apply for redetermination of payment

This can all be done on Form N244, may also be worth completing Form N245 and get the Court to set a payment plan. If unable to afford the fees for these applications Form EX160 is for Fee Remission. Time is not on your side and ideally should be taken in person to the Court preferably by end of business tomorrow.

 

If you need the CCJ No etc ring the Council and ask.

 

PT

[ploddertom]

Meant to say the Forms can be filled in online but not saved or just print out blanks and fill in by hand. You will need 3 copies each of N244, N245 & 2 copies of EX160 - all availbale from HMCS website.

 

PT

[hedgey06]

Thank you so much PT. I've downloaded the N244, I'll get the other forms printed tonight also.

 

If I do a seperate letter to the HCEO with a copy to the council/my local councillor, do I mention the fact that I've taken the N244 to the court also? Or is it best to see what happens at court tomorrow??

 

Many thanks again PT, I really appreciate your support and advice tonight.

[ploddertom]

Thank you so much PT. I've downloaded the N244, I'll get the other forms printed tonight also.

 

If I do a seperate letter to the HCEO with a copy to the council/my local councillor, do I mention the fact that I've taken the N244 to the court also? Or is it best to see what happens at court tomorrow?? See what happens first

 

Many thanks again PT, I really appreciate your support and advice tonight.

 

If you need to contact your local Councillor do it by phone initially. In my opinion you can do this up until 9pm any evening and all day Saturday & Sunday - if they are reluctant to do anything go straight to the Leader of the Council. If they want public office they have to expect to be inconvenienced every so often.

 

PT

[hedgey06]

Thanks again PT, I'll contact them tomorrow when I get back from court.......... hopefully they'll listen to what I have to say. I won't hold my breath though - but at least I'll try.

 

I'll let you know what happens tomorrow, wish me luck.......... and thank you so much for your support tonight. You've helped me to focus instead of collapsing in hysterics, I hope I can report a good outcome tomorrow

[ploddertom]

It may be difficult but at least you will have the satisfaction of trying your hardest. Good Luck

 

PT

[hedgey06]

Well, it's in the courts' hands now....... although I'm not too hopeful of the outcome after what happened yesterday. I managed to get to the court for 3pm, completed the n244 and waited to see the judge - but at 4.15 a member of staff told me that the judge wouldn't look at the case until Monday morning. I tried to plead my case to be heard but they wouldn't budge.

 

There wasn't much room on the form to go into thorough details and time wasn't on my side so I'm crossing my fingers that I managed to put enough information on the form to persuade the judge to grant a stay of execution on the writ. I'll start drafting a letter for the council/local councillor tonight in preparation for Monday's outcome........... I'm not really sure what else I can do now though. I don't think I've never felt so completely powerless - even paying your debts and sticking to an agreement doesn't seem to mean an awful lot anymore

[benny1]

I hope it goes in your favor on monday. I wouldnt wait until Monday to get intouch with your local councillor do it now, give them an outline of the situation and explain what happened today, that way they know and are ready for monday. Contact everyone on your list regardless of the weekend. Email your local councillor and council just give the details upto today.

 

Make sure that you have all the paperwork to say that the debt is being paid and the agreement is being stuck to.

 

Keep us informed.

 

Try and not to worry over the weekend I know its easy for me to say, but please try.

[hedgey06]

Thanks Benny. I'll get in touch with my councillor tonight so that he's aware of the hearing on Monday ......... I've put all my receipts together to prove I was sticking to the agreement, but Monday seems like a lifetime away. I normally dread Monday mornings, but this weekend I can't wait. Thanks for the advice and moral support, I can't tell you how much of a difference it's making right now.

[benny1]

I think they are well out of order especially as it is being paid.

Keep fighting, we are here to support you.

[ploddertom]

The good thing is that you have not been turned down out of hand, so there must be some merit however thin. Where Q10 asked for details it will still pay you to pad it out over the weekend, you can plead time was of the essence when you completed the Form.

 

PT

[Voxter]

so a loan scheme at lower interest.............thats what i said lol.

[caro]

so a loan scheme at lower interest.............thats what i said lol.

 

In certain circumstances as explained by the OP.

 

Looks like you've been getting some good advice Hedgey.

[hedgey06]

Hi Caro, it's nice to see you x

 

PT's given me some great advice, along with Benny also. I'm drafting something to 'pad out' Q10 on the n244 for Monday morning, so hopefully the judge can look at the full facts of the case. Fingers crossed anyway! It's good to know that CAG is still here for advice and support, I'd have given up completely if it wasn't for PT and Benny.

[Surfer01]

Have you any idea of the amount still outstanding on the loan? Maybe an idea to give us a breakdown of the all the bailiff fees as they may have overcharged you. You never know between the bailif fees and outstanding amount what you actually owe coudl be a lot less. All the best for Monday.

[hedgey06]

Have you any idea of the amount still outstanding on the loan? Maybe an idea to give us a breakdown of the all the bailiff fees as they may have overcharged you. You never know between the bailif fees and outstanding amount what you actually owe coudl be a lot less. All the best for Monday.

 

Hi Surfer, I don't know how much is still outstanding on the original loan but I do intend to find out asap.

 

I've just got home from work and contacted the courts - the judge stayed the writ this morning until the 10th November, at which time I have to attend a hearing. The lady at the court assured me that the paperwork is on it's way to me explaining what's happened and what I need to do next.

 

Apparently, the bailiffs can't take the car to auction as the judge will decide what happens next at the hearing....... I think I've got that right?? It's a better outcome than I was expecting in some ways as I thought the bailiffs would be 'rubber stamped', but hopefully I now get the chance to plead my full case to the judge???

[benny1]

Well thats good news. It gives you some time to get all the advice you need plus all your paperwork together to plead your case. At least you can rest a little easier now.

 

Did you manage to get in touch with the councillor? Also can you not get a total of what you are still supposed to owe from the council etc.,

 

Try if you can to get some legal representation to attend court with you. If not make sure that you have everything listed even down to the last date a payment was made.

Edited October 18, 2010 by benny1
missed off

[hedgey06]

Thanks Benny, I do feel better than I did last week

 

I held off on emailingl my councillor last week as I wanted to wait to see what happened today, but I think it's worthwhile if I email him a detailed breakdown of everything that's happened? Best case scenario would be if the debt was passed back to the council so that I could pay 'them' instead of having the bailiffs breathing down my neck..... whether the councillor could help with that though I'm not sure? But regardless, I'll see if there's anything at all he can do to help in the next couple of weeks.

 

I tried phoning the council this morning but couldn't get any sense out of the person I spoke to, so I'll hand deliver a letter to them tonight asking them to give me a full breakdown of what I've paid, what I still owe, etc........ at least then I can see how much of the outstanding amount that the bailiffs are asking for is the loan as opposed to their fees!

 

Would I be able to get legal representation for something like this or would it be really expensive???

[Surfer01]

Are you able to get the car back otherwise you may be slapped with storage charges etc. Hopefully someone with more knowledge than me can enlighten us whether the bailiffs can still continue to add storage charges and also removal costs.

Can you give us a breakdown of the bailiffs fees as they should have left something with you. If not request a breakdown from them as soon asa possible and do this is writing by recored mail.

[hedgey06]

The woman I spoke to at the court said that the car would stay with the Bailiffs - I think. The bailiff hasn't left me with any breakdown of the costs involved - but I do know that the total debt now outstanding is quite a lot more than I originally borrowed even though I've been making regular payments. I'll need to get a full breakdown off them asap.

 

I'm wondering if I should also honour this month's payment to the bailiffs also? I don't want to withdraw payment as I'd like to prove to the courts that I've made every effort to pay them (which I have)....... think I need to write a full list down of everything I need to do also!

[benny1]

I think you should continue making the normal monthly payments that you have been paying. To stop would not go in your favor. It will show that although all this is still going on you are willing to make payments to prove that it was not necessary for them to take the car.

Try and get a breakdown of the Bailiffs fess etc., and if you have to pay storage. If it goes in your favor at the hearing then you may be able to ask that the fees were un-necessary and the storage un-necessary as payments were being made, so there was no need to take the car.

Still get on to your councillor regardless of what has happened today, they may be able to help and get some answers that you are not.

 

As to legal representation I am not sure, you could try ringing the law society or your local cab, failing that go on to the internet and see if there are any solicitors that can help you, only they will be able to tell you if you can get help with costs etc.,

 

I would do a paper of total amount borrowed (loan). and interest if any.

Monthly payments.

Date of monthly payments.

How many payments have been made.

Then it may give you the total you owe not including bailiff fees etc.,

 

You can then deduct the amount you still owe on the loan from the amount bailiff says you owe, this will give you a rough figure of what they have charged you.

 

If you get stuck give me a shout I will try and get on as much as I can.

[hallowitch]

make your payment as usual

 

send a subject access request to the council

 

send for a breakdown of fees charges and payments made to the bailiffs

to include the date payments are made the amount paid