Jump to content


style="text-align:center;"> Please note that this topic has not had any new posts for the last 2091 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

A debt collection agent turned up at my office and levied a car on the car park which did not belong to us. (the debt is for a LTD company stock issue and not a debt for a car) I explaned that the car was not an asset but the agent was screaming like a demented banshi shouting that he has ordered a tow truck to collect the car. I continued to explain that the car was not mine. He disappeared , a tow truck never did arrive BUT I have now received a charge of £500 on top of the original debt for this idiots 10 mins of pleasure.

Question:

1) Can DCA just simply pick any object they lay there greedy eyes on and place a levy on it?

2) Can I sue the DCA for the return of the extortion fee??

 

Any guidence would be appreciated.

 

Thanks

Share this post


Link to post
Share on other sites

Are you sure this was a DCA and not a bailiff?

 

I think we need the full story on this so that we can get you to the right area of the site.

 

Please also name the company.


If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Share this post


Link to post
Share on other sites

A DCA can't do this. They have no powers at all. Only bailiffs can do this and they have to have a court order.

 

Which DCA?

 

I'm a bit confused. What do you mean by "the return of the extortion fee"? Did you pay this, or have they just shouted about your owing it?

 

DD

Share this post


Link to post
Share on other sites

Debt Collection Agencies are not bailiffs, they cannot levy on anything!

Have you been to court over this matter and have a CCJ against you or the company?

 

Only a Certificated Bailiff acting on a warrant from the court can levy on goods.

 

Who is this DCA please?


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Share this post


Link to post
Share on other sites

You really need to give us the full story - it simply doesn't make sense.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

Very odd!!!


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Share this post


Link to post
Share on other sites
Debt Collection Agencies are not bailiffs, they cannot levy on anything!

Have you been to court over this matter and have a CCJ against you or the company?

 

Only a Certificated Bailiff acting on a warrant from the court can levy on goods.

 

Who is this DCA please?

 

 

Thanks for the reply... I have more info The DCA was MARSTON and the issue did go through the county court. Marston sent an enforcement officer. He was the most arrogant animal I have ever come across and simply would not listen when i explained that the car on the car park was not part of the company. I sent proof of ownership to Marston. The rewarded me with a £500 fee.

Share this post


Link to post
Share on other sites

Thanks for the reply... I have more info The DCA was MARSTON and the issue did go through the county court. Marston sent an enforcement officer. He was the most arrogant animal I have ever come across and simply would not listen when i explained that the car on the car park was not part of the company. I sent proof of ownership to Marston. The rewarded me with a £500 fee.

Share this post


Link to post
Share on other sites

I see did you pay the £500.00?

As they were informed that they had no right to the vehicle imo you cannot owe them anything.

 

Did the 'enforcement' officer produce identity and details of the warrant on which he was acting?


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Share this post


Link to post
Share on other sites

I also had MARSTON banging on my door and levied a car on our car park which dosent even belong to to my company.. Marston sent an enforcement officer. He was the most arrogant animal I have ever come across and simply would not listen when i explained that the car on the car park was not part of the company. I sent proof of ownership to Marston. The rewarded me with a £500 fee. They simply do not listen and treat people like animals. WHEN IS THE GOVERNMENT GOINT TO INTERVENE WITH THESE PRACTISES.

Share this post


Link to post
Share on other sites

If it is for a Council Tax Liability Order I don't think the bailiff can charge diddly squat for "Waiting Time" as it is not laid down in the regulations.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Share this post


Link to post
Share on other sites

speak to someone at the Council and ask the following questions:

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

8 - the dates & amounts of any payments.

 

From the bailiffs, I would ask to see a copy of the levy and details of previous visits they have made in regard to this council tax.

 

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 certificatedlink3.gif at.

e - the date of the Certification.

 

Try to avoid the bailiff coming into your home, as that will lead to more fees to be charged.

 

In regard to your car.

 

1) Is this used for business ?

2) Any issues of vulnerability that mean you need the use of a car ?

3) Any outstanding finance on the car ?


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Hi

 

Yes I did pay the £500 and he did "flash" some kind of i.d.

Share this post


Link to post
Share on other sites

Marstons are actually bailiffs, not DCAs.

 

Does the car in question have any connection with anyone working for the company?

Share this post


Link to post
Share on other sites

Need some more info about this. If it has been to Court and a CCJ awarded then Marstons cannot attend as Bailiffs. The debt may have been transferred to the High Court in which case Marstons may have attended as High Court Enforcement Officers.

 

What paperwork have you been given?


Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Share this post


Link to post
Share on other sites

What a pity he couldn't be contacted to tell them he had nothing to do with it and he had nothing to do with the company apart from being an employee. Then they couldn't have attempted to put a levy on it.

 

As plodderton asks above, what paperwork did he provide?

Share this post


Link to post
Share on other sites

Hello

 

I too had a visit from Marstons who levied on a car in our car park that did not belong to our ltd company. They charged £500 to levy on a wrong asset. Is this legal?

Share this post


Link to post
Share on other sites
Hello

 

I too had a visit from Marstons who levied on a car in our car park that did not belong to our ltd company. They charged £500 to levy on a wrong asset. Is this legal?

No the levy is quite invalid, and the levy and it's associated fees MUST be removed, if this is bailiff, for HCEO I think the car owner might need to provide proof of ownership to Marstons and may need to go to interpleader. if Marstons are stupid enough to tow the car. without checking and it was my car I would report it as a stolen vehicle and look at hitting Marstons for the mistake; what were Marstons enforcing?

 

It may be better to start a new thread with your issue.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Share this post


Link to post
Share on other sites
No the levy is quite invalid, and the levy and it's associated fees MUST be removed, if this is bailiff, for HCEO I think the car owner might need to provide proof of ownership to Marstons and may need to go to interpleader. if Marstons are stupid enough to tow the car. without checking and it was my car I would report it as a stolen vehicle and look at hitting Marstons for the mistake; what were Marstons enforcing?

 

It may be better to start a new thread with your issue.

 

Yes it would be a good idea to start a new thread....there are certain steps the poster needs to take and they fall within a tight time frame.

Share this post


Link to post
Share on other sites

I have started a new thread for you here oriental1.

 

Please continue your discussions here.

 

Thanks.


If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Share this post


Link to post
Share on other sites
Hello

 

I too had a visit from Marstons who levied on a car in our car park that did not belong to our ltd company. They charged £500 to levy on a wrong asset. Is this legal?

 

Oriental 1

 

It is almost impossible to provide an adequate response given that you have provided far too little information.

 

As a starting point, what debt does this relate to?

 

Was any evidence shown to the bailiff about ownership of the vehicle?

 

Have you made a formal complaint?

 

What was the response?

 

Have you paid?

 

etc, etc.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...