Taking Newlyn Bailiff to Court

[impeciousman]

I have no contact with the owner since they left my property

 

The Local Authority told me 15th March 2012

 

The Car is worth about £3000

 

I provided them with a letter from DVLA confirming their records showed I acquired the vehicle on the 1/10/2012 and a copy of the insurance certificate.

 

The bailiffs want £720.

 

The seizure is related to the isolated pcn.

[tomtubby]

I am trying to be helpful but it is very annoying when you post back with a response that consists of just one or 2 lines. This is becoming a real problem on the forum and I can only assume that posters are using mobile phones etc to respond.

 

PS: As an example, we still have no idea which council is involved. I would also be surprised it the warrant had been issued in March 2012. Are you sure of this information or is this the date that the PCN was issued.

 

PS: If you have issued a writ then this should have been against the COUNCIL and NOT the bailiff company. The bailiff firm are merely agents of the local authority.

 

Also, from what I have read so far, I would almost certainly suggest that the police are called straight away as it would seem that YOUR car has been STOLEN for somebody else's debt. It has NOT been seized in respect of a warrant and the reason for this is because:

 

THE WARRANT IS IN THE NAME OF THE PREVIOUS OWNER AND THE WARRANT PERMITS THE BAILIFF TO SEIZE GOODS BELONGING TO THE DEBTOR ON THE DAY OF SEIZURE !!!!

 

This is another reason WHY it is most important to KNOW the precise date of the warrant !!!!

[impeciousman]

I apologise I am replying through my mobile phone.

 

This I thought is common sense. I have called the police 4 times all telling me its a civil matter. They even gave me a reference number for the call CAD 3080.

 

The council involved is Southwark Council. I made them the primary defendant and newlyn the secondary defendant.

 

From everything I have read thus far newlyn and Sourhwark are wrong but the reality is they still hold my car.

 

It begs the question if I take an individuals property and tell them I've taken in because someone else owes me money will the police act then??

 

I thought we lived in a law governed society but it seems we don't. I'm really getting distressed over this situation

[renegadeimp]

Ypur problem is that you cqlled them and spoke to a silly pcso. you need to go to the station in person and demand to speak to a sergeant or higher.

[impeciousman]

I just called southwark council to get a precise date and he said the PCN is not in my name therefore he can't give me any information and hung up the phone on me!

 

They have me car!

[i hate bailiffs]

try speaking to you're local MP they should get involved

[brassnecked]

Looks like apparatchiks are hiding behind Data Protection Act to be obstructive, have you contacted your MP? Point them in the direction of this threas along with a Formal Complaint to CEO, and Elected Leader, and your councillor regarding the unlawful seizure and retention of a motor vehicle for a debt that is not yours, indicate the Blaby council LGO report, and inform them as the matter is criminal now, you will be writing to the Police commissioner for the MET

[brassnecked]

try speaking to you're local MP they should get involved

great minds LOL

[i hate bailiffs]

great minds LOL

 

[impeciousman]

The ticket was issued on 17.01.2012

Passed to the bailiff company 29.06.2012

 

Pcn

[tomtubby]

I hope that nobody minds but I am sending the poster a PM regarding the "warrant of execution".

[impeciousman]

Ypur problem is that you cqlled them and spoke to a silly pcso. you need to go to the station in person and demand to speak to a sergeant or higher.

 

I have lost faith in the police force tbh. What difference will going to shout at them in the station make??

[i hate bailiffs]

you are the victim in this it is theft

 

Ps don't shout at them

[brassnecked]

I hope that nobody minds but I am sending the poster a PM regarding the "warrant of execution".

I agree tt sometimes the situation is so serious that info via pm is critical, i consider this case is such. There is an obvious disregard of the legal position of the council's culpability for Newlyns intransigence, .

[renegadeimp]

I have lost faith in the police force tbh. What difference will going to shout at them in the station make??

 

You dealt with some silly phone operators. Sure they are employed by the police, but theyre still pointless. Go to your local station and speak to them in person. Make sure to quote what has been said on this thread about theft. If the sergeant wont listen, speak to the SI.

[seanamarts]

I hope that nobody minds but I am sending the poster a PM regarding the "warrant of execution".

 

Understandable TT. its fine with me.

[impeciousman]

Thanks for all your help.

 

I have started court action and I will visit my local police station and call my mp because I do not understand why this is happening.

 

It might take long to get my car back but at least I will get some costs from Southwark Council and Newlyn PLC.

 

All my stress and annoyance will not be in vain.

 

Thanks again

[impeciousman]

After all the stresses I LOST!!!! I have to pay Southwark Council and Newlyn £2725 in legal cost and I lose my car. Basically I lose almost £7k in costs and the car.

 

Who says the legal system is to protect the innocent is a LIAR!

 

I HAD RESPECT for the justice system until yesterday.

 

The judge said it was not the right of the previous owner to sell the car with a levy placed on it. Therefore the car was rightly seized despite DVLA records.

 

She feels my claim is unreasonable therefore I should pay their cost.

 

Please learn from my mistake.

 

I am curious what happens to the car now?

[tomtubby]

I hope that your post gets picked up by another forum as that forum actively encourage unsuspecting debtors to file claims in the court and they CONSTANTLY keep misleading people that costs CANNOT be charged if you lose.

 

Your case had PROVED what I have been saying for a very long time indeed that you should AVOID taking legal action against a bailiff company.

 

I am so sorry to hear about this and as you will know from previous posts I stressed how important it was to obtain precise details of the date of the warrant. I assume that you were unable to obtain a copy of the screen shot of the account as such a request can only be made by the previous owner.

 

From what you have written, it would "appear" that Newlyn had previously levied upon the car. If so....was any EVIDENCE provided to support such a claim?

 

You have not posted since last February and in between this time Newlyn or Southwark would have no doubt provided their witness statement. Was anything provided to support their claim of previous seizure?

[impeciousman]

Hi Tomtubby,

 

Thank you for responding

 

Nothing was provided in their bundle, they were leading to this conclusion hence the reason I was so confident I would win.

 

But there is no point in arguing over it anymore. I have sent a proposal to southwark council to start paying their legal costs.

 

I just want to know what they will do with the car now

[tomtubby]

I was trying to ascertain what EVIDENCE had been provided to the court to PROVE that a prior valid levy had been made upon the car?

 

I hope that they did not try to rely upon the "old chestnut" that goods are bound from delivery of the warrant because if so...this is damed nonsense.

 

If you lost the case then I can only assume Newlyn can sell your car to pay the debt.

 

Were you ever able to get any information from the previous owner?

 

I have so many questions that I would like to ask.

[impeciousman]

The previous owner is useless.

 

He sent me documents he sent TE7 and TE9 to the TEC but I am assuming that is irrelevant.

 

I guess this is an expensive lesson for me.

 

I am never buying a car from a private seller again!

 

OH WELL!

 

Thanks for your help tomtubby.

 

All the best

 

I loved that car

 

What are the possibilities of getting my personal belongings in the car?

 

I have a very nice watch and some other things in the car

[HCEOs]

You should be able to get your personal belongings from the place where the car is stored. Almost all auctioneers storage facilities will remove personal belongings before sale anyway but this may depend on whether they have the keys or have had some cut.

 

With regards to your considerable outlay you should be able to issue a claim against the previous owner. Success of recovering your money will clearly depend on their financial circumstances though.

Edited September 30, 2013 by HCEOs

[letsmakeamark]

Your claim would be for restitution.

[Voxter]

You should be able to get your personal belongings from the place where the car is stored. Almost all auctioneers storage facilities will remove personal belongings before sale anyway but this may depend on whether they have the keys or have had some cut.

 

With regards to your considerable outlay you should be able to issue a claim against the previous owner. Success of recovering your money will clearly depend on their financial circumstances though.

 

auctioneers lol...they use ebay.