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levy on car (under finance agreement and tools of trade) **Result & Refund**


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Hi,

Currently having long winded discussions with Rossendales.

 

They levied my car (didnt knock on the door) in 2010 which was 2 years into finance agreement) I sent them copies of agreement which they claim not to have had. Council tax for which there was a liablilty order is paid, but Rossendales are chasing me for levy fee and van attendance fee.

 

Car is not yet paid off as due to financial difficulties we have about £900 outstanding.

 

It is also essential for my work as a school visitor as i visit schools on a daily basis throughout the whole of Yorkshire.

 

i have just received a letter stating that they will apply for permission from the finance company to take my car, clear the finance and take their fees. Can they do this? As I understand it the finance cannot take my car without a court order, so how can they give permission for someone else to?

 

Surely the liability order was for council tax and NOT the extortionate bailiff fees? HELP please? :|

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That is the point, it should have been paid off last november but still isnt and we have around £900 still owing. Rossendales are claiming that as they have levied the car they can get finance companies permission, clear the outstanding finance then take their fees. They seem to be ignoring the fact that is is essential for my work (as they do)

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Have you asked for a copey of there're fees, they can only charge so much I think it's £28 for first visit and £18 after that for other visits they can not charge for a levy if they haven't take goods.

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A bailf can not take the car only if the finance company want then to and then it's a reposeson order and they need all the paper work for that and you must be informed of this by the finance company, they can not levy on the car for any other debt.

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A bailf can not take the car only if the finance company want then to and then it's a reposeson order and they need all the paper work for that and you must be informed of this by the finance company, they can not levy on the car for any other debt.

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Yes. i have in fact paid them £73 in fees (in an automated call where it connected me to a payment line and I abandoned the call before confirming any payment due to card fees, but apparently a payment of 373 was taken anyway). I understand I would be liable for fist and second visits totalling £42.50. They are chasing me for £152, which is the outstanding amount of their fees for the levy and van attendance. I could pay then fees but it chokes me to do so because of the underhand way they have dealt with this. They are adamant that they have a valid levy. ;(

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If the finance company collude with tossendales to do this they are in Breach Of contract with yourself, and would be liable to refund all payments you have made under the agreement if you took them to court. Dossendales are trying it on again.....

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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!

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Thanks everyone. I am aware of the fact that the finance CANNOT take back my car without a court order, but was unsure as to whether they could assign 'ownership' to the bailiff. Thinking about it iits logical that they cant. Bailiffs do tend to rely on you not knowing your stuff and intimidating you into paying up. As my council tax is clear and up to date, I am under the impression that the bailiffs would have to take me to court to get these fees? Liability order was for the amount owing in CT. I just cant help having the niggling feeling that they will attempt something shifty :(

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I know that some finance companies are more agreeable to allowing a bailiff to take and sell a vehicle providing that an undertaking is made to pay the outstanding finance.

 

This is especially the case if you are in arrears with the finance agreement.

 

I'm not sure how this plays out regarding a levy under CT though.

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I know that some finance companies are more agreeable to allowing a bailiff to take and sell a vehicle providing that an undertaking is made to pay the outstanding finance.

 

This is especially the case if you are in arrears with the finance agreement.

 

I'm not sure how this plays out regarding a levy under CT though.

 

Problem for the finance company if they allow this they may well lay themselves open to action for Breach Of Contract

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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!

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Problem for the finance company if they allow this they may well lay themselves open to action for Breach Of Contract

 

I'm not sure it would be a breach if the debtor was behind with their payments. If the finance company is happy to release it's 'ownership' on an undertaking of payment I personally can't see an issue with this. Happy to hear any other thoughts.

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I'm not sure it would be a breach if the debtor was behind with their payments. If the finance company is happy to release it's 'ownership' on an undertaking of payment I personally can't see an issue with this. Happy to hear any other thoughts.

Ploddertom also mentioned it would be a breach of contract in another thread, I will try to track it down. As the bailiff is not a party to the contract between lender and finance company, there is no implied right to treat with the bailiff, and they could leave themselves open to litigation to recover all monies paid under the agreement,, that is how I understand it under contract law. I will look for precedent under this head.

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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!

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Surely that cant be right? So if I get my son to phone up and say he will pay the outstanding arrears they could sign it over to him? Surely not?

 

Edited to add:

If my contract says they cannot take the car back without a court order then surely that is applicable in all situations? The levy is for unpaid council tax which has now (long since) been paid and it is fees which are (as far as I know) NOT subject to the liability order? If it wasnt for the arrogant bully boy tactics i would probably have paid their fees, but they have got my back up with all the underhanded stunts they have pulled. I do appreciate all this advice, so thanks gain to you all ;)

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Here we are from this thread @ ploddertom post #29 http://www.consumeractiongroup.co.uk/forum/showthread.php?382996-Bailiff-removed-car-which-is-on-hire-purchase/page2

 

"If for some reason the Finance Co & bailiffslink3.gif reached an agreement then the purchaser can then have the Finance Co for Breach of Contract and would be entitled to every payment made back."

 

It is also possible that the bailiff or HCEO could also be liable jointly and severally with the finance company, for these monies and any other consequential loss as a result of the seizure..

 

If the bailiff removed and sold the vehicle and the finance company did not agree, then the bailiff would be guilty of theft per se, inter alia from the time of seizure.

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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!

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It is as I thought according to that thread. he only thing making me doubt my position is the fact that I have not yet paid it off. It was due to end Nov last year and I still owe £771. I have rung them but there is no-one available in their finance specialist department so I requested a call back. I suppose it might be in their interests to say they can as they will assume that will make me clear off the arrears quicker? Bloody hell!!!! Ever wanted to drop a bomb on someone lol

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