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

[filrobbo]

Don't pay any more money to the robbers

[filrobbo]

Let them take you to court like I said you must report them to all the relavent government body's .

[HCEOs]

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 & bailiffs 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.

 

I appreciate the info but I'm just not sure that it's correct.

[shellysexbomb]

Going to try and clarify with the finance company asap. The fact that it is also ESSENTIAL to my job is also relevant but Rossendales have totally disregarded this

[brassnecked]

I appreciate the info but I'm just not sure that it's correct.

 

Let's wait for ploddertom to look in.

[shellysexbomb]

I suppose the other question is, as the CT is paid then COULD there be a LO on bailiff fees? If there is no LO on it then how can they take anything anyway? *confused, stressed and peed off*

[Mark1960]

Have they visited you 3 times? 1st visit,2nd visit & then a 3rd visit to levy?

 

The van fees are definitely not chargeable as they cannot turn up in a van that is not fit for the purpose of "a view to remove a car" Head C states "reasonable costs incurred" It cannot be reasonable to charge for a van when a removal truck would also be required.

 

Technically the levy could be classed as abandoned because it doesn't appear that any act of impounding took place-Did you speak with them at all when they levied on your car?

[shellysexbomb]

Yes they visited 3 times. On the 3rd visit, I was in but the first I knew of their attendance was when a letter was pushed trough door stating they had levied my car. I immediately informed them (in writing copy of hp agreement) and on phone that their levy was invalid. Heard nothing until a couple of months ago and they are now chasing levy and van fee, claiming they never had the proof of the HP. Have given them the proof now but they are saying they are going to take the car after speaking to finance company.

[Mark1960]

If you spoke with them after they levied the car,this will have acted as an act of impounding as they will have informed you of an intention to not abandon the levied car.If you did not speak with them,no act of impounding took place.Not a big deal either way in the grand scheme of things other than its another barrier for them to break down prior to disputing the validity of the van fee.I would question if an unsigned levy/walking possession agreement would still be valid after 3 years anyway.

 

The van fee is definitely not chargeable for the reasons I stated above.

 

They are on very shaky ground & I doubt they'd dare take the car after so long-They are just trying to pressurise you into parting with money that you are not lawfully obliged to.

[shellysexbomb]

Is not relevant that I only spoke to them to confirm the levy was invalid? They are so dodgy, leaving it alone until the finance agreement *should* have been paid off then resurrecting the case. My gut feeling is it is all scare tactics but knowing my luck I will get up to find my car gone

[shellysexbomb]

Other question, is the levy not supposed to be to cover the LO, which is cleared? This is them threatening to take the car just for their fees.

[Mark1960]

The impounding issue is a very grey area-There is no harm whatsoever in stating that no act of impounding occurred-It simple forms another hurdle for them to overcome.

 

In the absence of Ploddertom posting & telling you different,my advice would be to write to the bailffs,copying in the council and informing them of the following;

1.The debt is paid in full

2.All legitimate bailiff charges have been paid

3.The bailiffs were indeed informed & provided with written evidence at the time of the HP situation regarding the car.

4.The levy was abandoned firstly because of no act of impounding and secondly because no walking possession was signed & the bailiff has left it 3 years before returning.

5.The van fees are not applicable as they do not comply with Head C

6.Any attempt at removing the car will be considered an act of attempted theft & the police will be contacted immediately.

 

This will at least give you breathing space for a while so get the letters out tomorrow.Also get proof of posting.

[josephbloggs]

This should hopefully be simple to resolve

 

For clarification -

 

The Council Tax (Administration and Enforcement) Regulations 1992

Part 6 Regulation 45

Paragraph 3

“If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with.”

THEREFORE

If the amount is paid minus the costs, if a legitimate levy has already been made, the company may continue enforcement action and remove goods/chattels seized previously.

FURTHERMORE

if there is no levy in place but first and second visit fees are still outstanding, the levy can be proceeded with, potentially adding further costs .

 

These regs allow the bailiffs to collect their fees using the issued liability order.

 

So provide the finance agreements - send them recorded delivery if possible, you have already paid the £42.50 this should conclude the matter.

[shellysexbomb]

Have just spoken to the finance company and they state that under no circumstances would they authorise ANYONE to remove the car from my possession. So, bully boys scare tactics are NOT going to work. Emailed them. I have proof all all emails sent and can print to show whoever. Dont trust them with written snail mail as they ignore you to lull you into a false sense of security then creep out of the woodwork later, when all the bits of paper are misplaced GRRRRRRRRRRR :/

[shellysexbomb]

Ah, thats interesting Jospephbloggs! Basically then, they are believing it to be a valid levy. (even though it wasnt) So when I do pay the car off can they come and take it then? How long do I have to worry about this? Sheesh!!

[shellysexbomb]

I need them to accept and agree it was an invalid levy. I suspect they will continue to argue until it IS paid off then take it

[josephbloggs]

I think you miss my point, if you provide them with the finance agreement showing when the levy was done the vehicle was on finance - they will have to remove the levy fee and van fee - which will mean the case will be cleared.

They wont be able to come back to you when the finance is clear and take it because the court order will be discharged as soon as you prove the car is on the drip

[josephbloggs]

Copy the paperwork in to your local council as well with a covering letter to the head of council tax recovery notifying them they need to pass on the details to rossendales and ensure it is actioned

[shellysexbomb]

Just done that. Also my MP (again lol) If they have all had the paperwork then they SHOULD lift the levy. Should I say, here goes another round of arguing lol!

Thanks for the input peeps, will update as and when

[brassnecked]

I think you miss my point, if you provide them with the finance agreement showing when the levy was done the vehicle was on finance - they will have to remove the levy fee and van fee - which will mean the case will be cleared.

They wont be able to come back to you when the finance is clear and take it because the court order will be discharged as soon as you prove the car is on the drip

 

The bailiff was saying he could take the motor, flog it and pay the finance company off, so either he is trying to frighten Op or he really is risking getting done for Theft Motor Vehicle if he removes and sells it, as Finance Co said no way Jose.

[ploddertom]

I think you miss my point, if you provide them with the finance agreement showing when the levy was done the vehicle was on finance - they will have to remove the levy fee and van fee - which will mean the case will be cleared.

They wont be able to come back to you when the finance is clear and take it because the court order will be discharged as soon as you prove the car is on the drip

 

 

I have to agree with the above. This has to go back to the time when the original "levy" was made and not some time in the future. As to comments I have made previously - and I have made them on more than 1 occasion - I stand by them. As to them being able to "take" the vehicle because arrears have built up makes no difference the contract is still between the Finance Co & the "hirer" unless of couse the Finance Co have a Court Order but that will be for a repossession and not a seizure.

[ploddertom]

If the Bailiffs are being belligerent over this then it is time to drop all back into the Councils lap - after all it is them that started all this. Have you engaged your local Councillor(s)?

[ploddertom]

Please also be aware that your vehicle may not necessarily be classed as "tool of the trade".

[shellysexbomb]

I emailed and posted an 'official' complaint when they first came back out of the woodwork about 2 months ago. Sent to rossendales and copied council and local MP in. Never got any acknowledgement from the MP. Council recently wrote back with a statement outlining what I had been charged and saying it was out of their hands. Rossendales deny all knowledge then after an email (seems to be the only thing they acknowledge) stated that in their opinion BECAUSE the finance was paid up (or should have been) las Nov then it was a valid levy. Levy was in 2010 lol..........Emailed them statement from finance company (last months) showing arrears and was greeted by the 'Well we will contact finance company, take your car, pay them off and ourselves of course, from the proceeds' Book price for my car is probably 2grand, so if they only get £200 how will that work then? Even if they were to somehow get away with it?

[shellysexbomb]

Ploddertom, do you know what criteria is used to define 'tools of trade?' I could not possibly do my job without my car, is that not sufficient? :/