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    • Ok well thanks for the help it is appreciate. It’s Car Cash Point. Will press on with the FOS hopefully can salvage something from the situation. 
    • Hi   Sorry did not notice that. Yes I contacted them.immediately after getting their first letter (sent to wrong address) and they advised to send in proof which I did ( and have done  several times). They advised they do not have payment registered and did say the site may not have paid it to them. Is there anything I can do if I have used an unofficial site? 
    • Thanks.  The car was on lease and the leasing co have already grassed me up, so to speak!   I guess it is probably best to wait and see what POPLA have to say and then decide on strategy,  
    • Hang on with the letter till the experts come on, as bits that identify you as the driver definitely need to be changed and writing at all to Parking Lie might not be a good idea at this stage. PE will have sent their letters (IF they sent them) to the address your vehicle is registered with at the DVLA.  With you moving, that could explain the missing correspondence.  Watch out with the DVLA, if you don't update your details and they find out, it's a grand's fine! Yes, get on to the Holiday Inn area manager, and if they are useless, the CEO.  I reckon they will call their dogs off.   Edit - just reading PE's reply to you.  They are an utter disgrace (not a surprise I know).  They reckon you have broken some imaginary contract with them but refuse to give the details and say you have to contact a powerless third party.  Doubt a judge would be very impressed.
    • The later you leave it the more chance you have of receiving the claimants statement...which you can then use as a guide to refute their main points of claim.Drafting a statement in the absence of the claimants really leaves you in no mans land because you are not aware of their main points of claim on which they will rely on...or which you must refute.   Also as previously advised if they dont pay the hearing fee on time and they dont file or serve a statement on you....its a good indication that they do not intend to proceed so all your work has been in vain.   However it is good to be prepared and have a basic statement in case they do pay and do file at the death..leaving you little time to respond and counter.I think a mixture of the two you have already prepared would be the way forward however your point 1 with regards to hearsay evidence wont come into play until you actually receive their statement and if in fact they are relying on hearsay evidence..   Just for information Moriarty do not attend hearings they litigate using and relying on CPR 27.9   Non-attendance of parties at a final hearing 27.9 (1) If a party who does not attend a final hearing– (a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend; (b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and (c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above, the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim. (2) If a claimant does not – (a) attend the hearing; and (b) give the notice referred to in paragraph (1), the court may strike out(GL) the claim. So and if you do receive their statement it must include notice as per above.(CPR 27.9(1) Andy
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Newlyn bailiffs have clamped my car twice in the past three months & taken a total of £2200 in the process.

 

In september they clamped my car then released it ofter my mother paid them £750 they said there was a remaining £200 to be paid & agreed I could pay it by end of November.

 

Instead in October I came out of my home to take my child to school only to find my car once more clamped

 

now the same bailiff who'd agreed that I could pay the remaining money by end of November

said no he had made no such agreement & that there was another ticket.

 

I asked if they had sent a letter or attended my home, he said yes.

 

No one had come to my home or left any letter re the parking ticket either from the coucil or bailiff.

 

He now said I owed £700 for the ticket & that the £200 had now increased to £700.

 

Then the bailiff added £100 for sending out a lorry to remove my car which was not removed.

 

I've been told that if the bailiff was no a "civil" enforcement company

he should not have been clamping my car & that they certainly should not have charged the £100 for the van to remove my car which was not removed

& that the amount charged was extremely excessive.

 

Can I get any of my mother's £2200 back?

 

Thanks

Edited by 00765

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My car was clamped outside my home in mid september 2012 by bailiff Newlyn.

The bailiff said that i had two outstanding council parking tickets,

one for about £700,

another for £400+.

 

After much discussion with my mother present, the bailiff said i should pay £900 on the spot then he'd give me til end of November to pay remaining £200.

My mother paid by credit card.

 

At end of october i left my home to go to work in the morning & found my car once more clamped, again by Newlyn.

 

Now the same Newlyn bailiff said that I had not paid the £200 by end of October.

 

I reminded him that he had given til end november,

 

he insisted that no he had not said that & added that i also now had another parking penalty for £700 and that the £200 had risen to £700.

 

I asked when he had written or attended my home re the parking ticket.

He replied several times.

 

I told him someone is always in the home & that no note or anything was ever left. he refused to accept this.

 

As we continued to argue, he sent for a removal lorry.

 

Eventually i had to pay the £1400 but he added £100.

when i asked why he had added £100 to the bill,

the bailiff said because he sent for the removal lorry.

 

I reminded him that the removal lorry did not remove my car & that we had been discussing the matter so why was he charging for the lorry.

 

he insisted that it was because he sent for the lorry.

 

I was told late last week that Newlyn may not have had a legal right to clamp my car if they are not a 'civil enforcement company'

and that they definately should not have charged the £100.

 

I was also told that the £1400 & previous £900 back in september was excessive.

 

Can I reclaim any of the money paid & if so how do i go about doing so?

 

Thanks

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Can you confirm that your mum's credit card is a visa or a mastercard?

Which bank is the credit card with?

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Sorry to ask but why do you need that info?

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Hi dx100uk, what do we say is the resaoning for requesting the return of the funds and can my mother claim the £900 taken back in September 2012 in addition to the the £1500 taken a month ago?

 

Thanks

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Have you asked them for a breakdown of the fees you were charged? If so have you had a reply?


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No I have not is there a template letter I can send?

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"From:

My Name

My Address

To:

Acme Bailiff Co

Bailiff House

Ref: Account No: 123456

Dear Sir

With reference to the above account, Can you please provide me with a breakdown of the charges.

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were certificated (http://consumeractiongroup.co.uk/paypal.php?go=bailiff)Image: http://www.consumeractiongroup.co.uk/forum/autolinker/images/link3.gif at.

e - the date of the Certification.

This is not a Subject access request (http://www.consumeractiongroup.co.uk/forum/content.php?552-Data-Protection)Image: http://www.consumeractiongroup.co.uk/forum/autolinker/images/link3.gif under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

I require this information within 14 days.

Yours faithfully

Ripped off customer"


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Thanks dx100uk.

 

just one other question at this time, do i send any letter to the council now or just wait to hear from the bailiff?

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Get a letter sent out to the council asap.

 

Subject it formal complaint

 

You have been charged well over the top.

 

You need to get a full breakdown plus you need the name of bailiff. I would request a copy of his certificate.

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Sorry to ask but why do you need that info?

So that we can see whether the credit card supports chargeback. No one will be able to identify you from that info

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So that we can see weather the credit card supports chargeback. No one will be able to identify you from that info

 

The card used was a lloyds visa

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Get a letter sent out to the council asap.

 

Subject it formal complaint

 

You have been charged well over the top.

 

You need to get a full breakdown plus you need the name of bailiff. I would request a copy of his certificate.

Is the letter I send to the council the same a the letter to the bailiff & do I address it to the parking penalty department?

 

Thanks

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I'm going to send the bailiff letter in about half an hr. should I copy the council in on the letter?

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send copies to both bailiff and council. you can either address it to the CEO of the council or parking services

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send copies to both bailiff and council. you can either address it to the CEO of the council or parking services

 

Thanks seanamarts. As I await a response, should my mother request from her bank for a return of the funds paid to newlyn?

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as post 5

 

dont request DEMAND!!

 

and keep going up the chain till its done

 

dont give in!

 

dx


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as post 5

 

dont request DEMAND!!

 

and keep going up the chain till its done

 

dont give in!

 

dx

what does she say her reason for wanting the refund is eg paid under duress?

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not her debt for a start!!

 

duress

threats

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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not her debt for a start!!

 

duress

threats

 

dx

thanks dx. I'll post an update once the 14 days r up

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not her debt for a start!!

 

duress

threats

 

dx

My mother went to the bank today to request a return of the funds paid to the bailiffs .

 

she says the bank rep basically laughed in her face and said she has to go to the company who took the funds and ask for a refund from them.

 

Is their a formal template letter she can send to the bank or was there a certain phrase she should have used?

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you ring the number on your card

 

demand a chargeback.

 

nothing to do with the branch.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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you ring the number on your card

 

demand a chargeback.

 

nothing to do with the branch.

 

dx

We spoke to bank again today, 1st they said never heard of chargeback & 2nd they said that my mum had signed authorisation & ie can't get funds back.

 

Should she now be writing to a department at the bank as the rep was not budging?

 

I've sent the letters to both newlyn & a copy to the council

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its doesn't matter what she signed

 

it is not HER DEBT

it was done under DURESS

 

you must keep going up the chain

 

KEEP demanding to speak to the next supervisor

until you get it done

 

1st they said never heard of chargeback

 

is typical.

 

if all else fails ring VISA processing.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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