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    • I posted a reply earlier which I have now deleted because I realise that I hadn't read your story correctly. You have laid out £1000 on repairs to a vehicle which according to you is probably in need of further repairs. Although you have been rebuffed by the dealer at your first asking, your position would be much better had you provided the quotes for the repair work to the dealer in advance so that he had forward knowledge and was able to present his own opinions before you went ahead and spent the money. This kind of transparency is essential when you are in conflict with somebody who may later on dispute the value of the work which was carried out. Fortunately you have had more than one opinion from independent garages and this will be very helpful to you. So in order to recover your money, you have prepared a letter but which is rather open-ended because it simply says that you would like to have a reply within 14 days or else you may go and see a solicitor. Given that you have been rebuffed quite peremptorily by the seller of the vehicle, I don't think that this is going to make very much impression. You need to take control of this and assert yourself. I notice that you say that you are too exhausted to look around for a replacement vehicle. Do you have the stamina to conduct a small claim against this dealer? It's very easy but it will require some tenacity and there won't be a quick solution. I can expect to go on for six months or so before you get a result unless the dealer decides to put their hands up. I would avoid going to a solicitor if I were you because first of all you incur expenses which you will not get back from the dealer. Also the solicitor will start off by sending letters which will simply delay things further and of course will incur further costs for you. You haven't told us the name of the dealer – even though you have been asked by another member of the site team. He also haven't told us anything about the car – the make, model, year, mileage and price. I think we will have to modify your letter based on whether you think that you would be prepared to take your own small claim action. If you do take a small claim action then your financial outlay will be fairly minimal and everything you do outlay will be recoverable – assuming that you win. On the basis of what you say, I would guess that your chances of success are much better than 90%. However, there is the issue that the dealer may try to challenge the value of the work you have had carried out because you didn't give him any advance notice. We will have to deal with this.  
    • So Guys, After sending the last letter as everyone else  here I got a reply from Moriartylaw with a statement that ADCB instructed them to act on their behalf and a copy of all my credit card bank statements. Not sure what to do now. They want me to respond and supply them with a list of asset and liabilities.    please the attachment of the letter. moriartylaw.jpeg.pdf
    • Okay, let me start again. In terms of planning, is it not enough to say they don't have it since it's not shown on the council site? If not, if I ring Stockport planning would they put in writing that there's no planning?   I could contact the land registry to find out who the land owner is. If I contact them directly maybe they'll tell me if they have a contract in place. If they ignore my request too then should I be doing other things to find this out?
    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – you are the owners of the house. This was in 1999. We talking about 30 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the store you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I would supply this to their solicitor that if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me that we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
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Hi , I made payments to Newlyn for council tax owed to brent in 2011 and have recently discovered that over £200 of the payments were for Newlyn charges. I queried the charges for Attendance to Remove as no levy was ever carried out as far as I was aware. I have attached the response I got back from brent and would like some clarification on certain things;

 

1) If a vehicle was levied upon, don't they have a legal requirement to store and provide the registration number of the vehicle to me.

 

2)In the attached letter it is stated "there was a vehicle parked immediately outside the property which the bailiff believed he had seen previously , This was subsequently levied upon ". There is no designated parking or drive way outside my property as I live in a flat, so the cars can belong to anyone who lives along the road.

 

Please advise on what further action I can take, regarding claiming back both the Levy fee and the Attendance to Remove fee. Letter is attached below

 

 

[ATTACH]40192[/ATTACH]

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the vehicle MUST be yours

 

else everything back please

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN]

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx


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MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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You should put the bailiff on strict proof as to the ownership of the vehicle, and initiate a Formal Complaint to Head of Revenues copied to council CEO, Leader and your MP, stating that as the bailiff and council are unwilling to provide details of the levy and the vehicle, the bailiff not having left a notice of seizure listing the vehicle at the correct time, they are therefore in breach of the regulations, and unless details of the vehicle are forthcomiong, you may well initiate a Regulation 46 complaint in the magistrates court, with the council named as defendant, as you are aggrieved by the levy and associated fees of their agent Newlyn for which they are wholly liable both jointly and severally with.

 

As to this contained in the reply ". It would no longer be possible to process DVLA checks due to the amount of time that has passed since the levy was taken and there is every possibility that this vehicle may now have changed ownership. "

 

Tough DVLA would be able to provide information as to when a vehicle changed hands, and who the keeper was at the time of the levy. I wonder is/was Brent council and or Newlyn on the DVLA banned list?

 

No proof no levy imho, to continue to justify the levy without proof is fraud in my book.

Edited by brassnecked

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.....Tough DVLA would be able to provide information as to when a vehicle changed hands, and who the keeper was at the time of the levy. I wonder is/was Brent council and or Newlyn on the DVLA banned list?

 

No proof no levy imho, to continue to justify the levy without proof is fraud in my book.

 

 

Brent doesn't appear on this Local and public authority suspensions list taken from a FOI request made to the DVLA about Sussex police and Brighton & Hove council being banned from accessing its database.

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Brent doesn't appear on this Local and public authority suspensions list taken from a FOI request made to the DVLA about Sussex police and Brighton & Hove council being banned from accessing its database.

 

Thanks outlawla, they have no excuse then, so should either justify levy with proof, or remove and refund the dodgy fees.


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legislation states you should have received a notice of seizure listing the goods levied (the car) on the day the levy was made

 

send a formal complaint to your council ask them to produce a copy of this notice

http://www.legislation.gov.uk/uksi/1992/613/regulation/45/made

The Council Tax (Administration and Enforcement) Regulations 1992

 

(5) The person levying distress on behalf of an authority shall carry with him the written authorisation of the authority, which he shall show to the debtor if so requested; and he shall hand to the debtor or leave at the premises where the distress is levied a copy of this regulation and Schedule 5 and a memorandum setting out the appropriate amount, and shall hand to the debtor a copy of any close or walking possession agreement entered into.

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Good advice all round here, I suggest you get a formal complaint off to the council asap, they are responsible for their acting agents.

 

I would also request who the bailiff was who carried this out and request a copy of his certificate. If they refuse this add this to your complaint. You are entitled to know who levied the car.

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Thank you very much for everyone who has provided information. I have just recieved confirmation from Newlyn of the registration number. The car does not and has not ever belonged to me. They took money from me for a levy on a car that was not mine, I am going to ask for a refund but is there anything I should add in my correspondence to them regarding this? Thanks again

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Thank you very much for everyone who has provided information. I have just recieved confirmation from Newlyn of the registration number. The car does not and has not ever belonged to me. They took money from me for a levy on a car that was not mine, I am going to ask for a refund but is there anything I should add in my correspondence to them regarding this? Thanks again

 

I would send this as part of a Formal complaint to the council, copied to Newlyn, CEO and Council leader, and MP, Reiterate that the vehicle has never belonged to you, and that they should have checked with DVLA, remind them that as the vehicle was not yours that they should look to the Local Government ombudsmans investigation into Blaby Council and Rossendales, where third party levies are condemned:

 

http://www.lgo.org.uk/news/2012/jul/blaby-council-criticised-bailiff-charges/

 

Tell them that as a result all fees except a First Visit of £24.50 should be refunded, and that if they are not, then you will be seeking their recovery through the small claims track, which may result in a CCJ against the council and Newlyn who will be joint defendants, and if they remain unpaid a bailiff may be instructed to seize goods....


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Hi guys just an update I took the advice suggested, Below is a snippet of the letter I sent

 

"On the 27th December I Spoke to a Newlyn representative called **** who provided me with the registration of the car levied upon which was a Porsche with the registration number of **** ***. This car does not and has never belonged to me, so the ‘levy’ and the ‘Attendance to Remove’ fee are totally invalid and must be refunded. DVLA hold and can provide information relating to vehicles for 6 years and over so if need be ownership of this vehicle on the date of levy can be confirmed quiet easily. Before the Levy fees were applied the bailiff should have confirmed ownership or this can be construed as a form of fraud /deception as money has been collected based on this lie. I request a full refund of all monies paid relating to the levy on the vehicle as I do not and have not ever owned it. If fees are not returned I will seek their recovery through the small claims track, which may result in a CCJ against the council and Newlyn who will be joint defendants.

 

Please read the Local Government ombudsman’s investigation into Blaby Council and Rossendales, regarding third party levies. "

 

 

I got back a rather suprising reply which stated

 

" There does not seem to be any compelling reason why you were unable to complain about this matter at the time and therefore my view is that the issue should not be revisited."

Its taken 1 month exactly to get this response and i've been asked to escallate it again if i'm not happy with it. Feels like there trying to ware me down.

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Is anyone here aware as to whether or not there is a time limit in which one can complain about issues such as this. This issue occured in 2011, as far as i am aware information is held for up to 6 years so the issue can still be investigated. Its only come to light in recent years that baliffs are corrupt and the corrupt methods they use to obtain money so is it unreasonable for someone who finds out they've been duped to request their money back a year or two later?

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Who did you write to, bailiff firm or council?

 

Either way they're fobbing you off. If they robbed you they robbed you, simple as that..

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Sorry, I wrote to the council. I will escalate one last time.

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The local authority are wholly responsible for the levy and fees charged by their agants. It is for this reason that all complaints should be addressed to the council and COPIED to the relevant bailiff company.

 

If you had written to the council and they have rejected your complaint then you will need to write back to inform them that you are not satisfied with the response that you have received and that accordingly, you require the council to esclate the complaint to a Stage 2 Complaint.

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Hi, this was a reply to an escalation. I have now written to another senior complaints officer to escalate for the second time. I also called Newlyn baliffs and have now been advised if I can produce proof from Dvla that the car was not mine they will return the money.

Called DVLA and apparently if i fill out a V88 form I can get the information for a fee of £5

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Hi, this was a reply to an escalation. I have now written to another senior complaints officer to escalate for the second time. I also called Newlyn baliffs and have now been advised if I can produce proof from Dvla that the car was not mine they will return the money.

Called DVLA and apparently if i fill out a V88 form I can get the information for a fee of £5

 

Will the returned money include the 'Attendance to Remove' fee as that should also be returned, not that they'd have incurred those costs anyway.

 

P.S. I'd expect nothing less than that from the profiteering DVL (Agency)

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If you know the owner you can simply ask them to provide evidence to ownership....if you don't know them,then let the prats at Newlyn,s lift the car and suffer the consequences?

 

WD

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You have 6 years to reclaim, if Newlyn are stupid enough to lift a Porsche belonging to a third party, i don't think they would look good in the press with the current witch hunt on bailiffs.

 

They are stonewalling you as they don't want to repay the beer tokens they have taken from you wrongfully.


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