newlyn Enforcement of Road Traffic Debts - Newlyn***Appeal Successful***

[This_is_not_great]

Hello there Jamberson,

 

Thanks again for your advice.

 

I browsed and found a known website

 

On their links page it says:

"The link below is to the Bailiff & High Court Enforcement section of the popular Consumer Action Group website. This is the most widely used and respected forum for all bailiff enquiries."

 

I came to the right place then.

Edited June 17, 2014 by This_is_not_great

[This_is_not_great]

Hello again people,

 

I have a question, which might be related to my original post. What is 'county court judgment'.

I'm guessing the fact that I'm being chased by bailiffs means I have these against me already?

If so, does TE9&TE7 take care of these, if successful?

Or do I need a separate dealing?

[Jamberson]

Bailiffs like to instill worry in people - it makes them pay up. There is no risk of a county court judgment in connection with a PCN. It's just a bluff. You don't have one and you never will.

[This_is_not_great]

Jamberson,

 

Thanks for the swift response.

So, what is it that they have against me, in legal terms?

Just unpaid PCN charges, registered debts related to them and admin charges?

[Jamberson]

Legally they have a warrant of execution - a licence to attempt to seize your goods to take to auction, to settle a debt. That's all. Their favourite method is to clamp your car, and that forces 9/10 people to pay up, or their car is removed and sold.

 

The registering of the debt sounds more serious than it is. Basically, to get authorisation to appoint bailifs, the council needs to get TEC (Northampton County Court) to approve it - which they do automatically. So the debt is registered at the court, then bailiffs get the case to follow-up on.

 

The debt includes the original amount owed to the council plus the bailiff's own fees, charged during the process. Even in the event the bailiff can't get any goods and can't get payment, there's no black mark against you, it doesn't affect your credit rating whatever happens, and there will be no CCJ.

[This_is_not_great]

Jamberson,

 

Thanks again.

So all they have is a warrant of execution for the PCNs (registered as debt) and that is what I've filed against, to TEC. Am I correct?

And IF TE9 & TE7s are approved, the warrant of execution is 'revoked' and all fees and related charges are revoked too, except, of course the original PCNs? Is this correct?

 

Thanks again in advance.

[Jamberson]

100% correct.

[This_is_not_great]

OK. I haven't heard anything from either TEC or the council?

Do they not send you a letter or acknowledgement at least?

[Jamberson]

I thought they did. Just phone the council and ask if they've got your papers from TEC.

[This_is_not_great]

Just the email confirmation from TEC that TEC received my submissions. No communication from the council.

Is that normal?

I might give them a ring after lunch.

[This_is_not_great]

Wow.

Almost as expected, I was told that the council received NOTHING from TEC and they tried to explain how TE9 & 7 work but not sure if that was even the correct information. I called TEC and they have definitely received my files and they are now filed in their system (17/06/2014). I called the council again to reiterate this. They repeated their initial response and asked me to contact TEC again. I am calling TEC as I type.

[This_is_not_great]

The council said they will get in touch with TEC and give me a call back.

[This_is_not_great]

And obviously they never called back.

What should I do?

Because if the council haven't been informed, as far as they are concerned, the bailiffs are still due to commence their actions. The council need to have been notified by TEC in order to stop their actions.

[Jamberson]

Wait until tomorrow and ask again. If TEC have just acknowledged receipt it is reasonable to assume they have only just forwarded it to the council. It should be on record there by tomorrow. Although you state bailiffs are due to commence actions, you did say above that the case had already been put on hold for 28 days. Plenty of time.

[This_is_not_great]

Wait until tomorrow and ask again. If TEC have just acknowledged receipt it is reasonable to assume they have only just forwarded it to the council. It should be on record there by tomorrow. Although you state bailiffs are due to commence actions, you did say above that the case had already been put on hold for 28 days. Plenty of time.

 

Actually. TEC said they have definitely sent the files by email and also by post on 17/06/2014 and 18/06/2014 respectively.

But the council had no record of this at all.

[This_is_not_great]

Wait until tomorrow and ask again. If TEC have just acknowledged receipt it is reasonable to assume they have only just forwarded it to the council. It should be on record there by tomorrow. Although you state bailiffs are due to commence actions, you did say above that the case had already been put on hold for 28 days. Plenty of time.

 

But this is the second week. After this week, only 2 weeks remaining. worrying.

[This_is_not_great]

TEC acknowledged receipt of my forms on 17/06/2014

TEC confirmed transmittal of my forms by email to Tower Hamlet 17/06/2014

TEC confirmed transmittal of my forms by post to Tower Hamlet 18/06/2014

Tower Hamlet denies receipt of any of my forms either by email or post from TEC 24/06/2014

Newlyn postponed action (14/06/2014) for four weeks (until 11/07/2014).

TEC said it will take 19 working days from processing till decision (probably 14 or 15/07/2014)

and 6 weeks until I hear anything from them (around 25/07/2014).

 

I don't want to take chances with bailiffs.

What should my next action be?

[Jamberson]

Check with the council again. If they deny receipt of forms from TEC, phone TEC and tell them the council don't have the forms.

[ploddertom]

Have you asked which email address they using to send to the Council? Sometimes the Council are being bypassed and everything is sent direct to the Bailiffs.

[This_is_not_great]

Check with the council again. If they deny receipt of forms from TEC, phone TEC and tell them the council don't have the forms.

 

I have done that. the council 'said they would call TEC and call me back'

They haven't called me back.

[This_is_not_great]

Have you asked which email address they using to send to the Council? Sometimes the Council are being bypassed and everything is sent direct to the Bailiffs.

 

Hello there,

 

I asked which email address they used and TEC said that is confidential and they cannot disclose that to me.

 

Diretly to the bailiffs?

Is that true?

[ploddertom]

Hello there,

 

Diretly to the bailiffs?

Is that true?

 

Sadly it has happened in the past, Harrow Council & Newlyn spring to mind.

[Jamberson]

I have done that. the council 'said they would call TEC and call me back'

They haven't called me back.

 

Check with the council again. If they deny receipt of forms from TEC, phone TEC and tell them the council don't have the forms.

[This_is_not_great]

Check with the council again. If they deny receipt of forms from TEC, phone TEC and tell them the council don't have the forms.

 

 

Yeah. But I have called the council 4 times and TEC 4 times already. TEC repeated the same line; the council will have to speak to them and tell them they haven't received it They won't take my word for it.

The council said they would. but I haven't' heard anything from them.

See my predicament?

[Jamberson]

You can always file some more forms if you want.