Excel Bailiff took my car for old home owners Magistrates court fine - help!!

[cardifftony]

hi all i need your help

 

i moved into my new property in November last year and been getting letters from excel civil enforcement for the old owner,

i have been sending them back return to sender.

 

 

I came home from work yesterday at 9 last night and my car was not on my drive,

i went inside and see a letter from excel saying that they removed the car to cover the debt.

 

 

when i called to number on the letter explained that i was not the person on the court order

and that he removed my car illegally and wanted it back if not i would call the police and have him arrested for theft.

 

 

he then told me that because the car was at the drive and the address was on his order so he can remove the car.

 

 

i offered to email proof of who i was to his office he refused and

said if i did not pay him the money of £1500 plus holding cost the car would be sent to auction. which then he hung up

 

This morning i called the court and explained to them what happened who where no help

all they would say is that the debt was out of their hands and i would have to deal with the bailiff company.

 

i dont know what to do can anyone please help me

[E Munch]

What is the debt type and to whom is the money owed?

 

 

If it is a debt owed to a council go straight to the council,

show them the receipt for when you bought the car

and the V5 which is presumably in your name.

 

 

Take also photo ID to prove you are not the person who owes the money

and demand that they intervene with the enforcement agency

who seem to be taking an odd stance if things are as you say.

[unclebulgaria67]

You could call the Police to report what has happened, but they may not intervene, as there is a civil court process for reclaiming your car back, plus the costs of doing this.

 

See this link for CAB.

 

http://www.adviceguide.org.uk/wales/debt_w/debt_action_your_creditor_can_take_e/bailiffs_e/your_belongings_and_bailiffs_e/what_goods_can_a_bailiff_take_e/belongings_owned_by_other_people_-_bailiffs_e.htm

[cardifftony]

it was a distress warrant so i think it was for road fine or something of that nature

[king12345]

You could call the Police to report what has happened, but they may not intervene, as there is a civil court process for reclaiming your car back, plus the costs of doing this.

 

See this link for CAB.

 

http://www.adviceguide.org.uk/wales/debt_w/debt_action_your_creditor_can_take_e/bailiffs_e/your_belongings_and_bailiffs_e/what_goods_can_a_bailiff_take_e/belongings_owned_by_other_people_-_bailiffs_e.htm

 

Hi uncle, I read the article out of interest and understood that if goods levied from a third party are sold, the third party will only be entitled to the amount obtained from the sale.

In practice, if they took my car for a debt not belonging to me and sold at auction for a third of the market value, I would only be entitled to this sum.

Is this correct?

If so it's a great injustice and the op should hurry up to stop the sale of his car.

If the goods are sold and a portion of their value refunded, can this be challenged in court to recover full value of the goods wrongly levied?

Sorry to ask questions rather than advise, but I thought it could help the op.

[Bailiff Advice]

hi all i need your help

 

i moved into my new property in November last year and been getting letter from excel civil enforcement for the old owner, so i have been sending them back return to sender.

 

I came home from work yesterday at 9 last night and my car was not on my drive, i went inside and see a letter from excel saying that they removed the car to cover the debt. when i called to number on the letter explained that i was not the person on the court order and that he removed my car illegally and wanted it back if not i would call the police and have him arrested for theft. he then told me that because the car was at the drive and the address was on his order so he can remove the car. i offered to email proof of who i was to his office he refused and said if i did not pay him the money of £1500 plus holding cost the car would be sent to auction. which then he hung up

 

This morning i called the court and explained to them what happened who where no help all they would say is that the debt was out of there hands and i would have to deal with the bailiff company.

 

 

I hate to be critical here but sending a letter from a bailiff back to the company marked 'return to sender' is not to be suggested. In fact, bailiff companies receive such letters on a daily basis from parents/partners/wife's etc and it is only when a personal visit is made that it turns out that the debtor really does live at the property.

 

In this particular case, the bailiff really should have checked before taking the vehicle to ascertain that the goods 'belonged to the debtor'.

 

The court are hopelessly wrong and it is them who should be investigating this.

 

You need to make sure that you send Excel proof of when you moved into the property and some evidence of your identity. The documentation for the car has to be sent as well. Did Excel provide an email address for you? If not, please post back and I will get a member of the admin team to send a message to you with contact details for two individuals who will (hopefully) get this matter sorted out asap.

[Bailiff Advice]

 

If so it's a great injustice and the op should hurry up to stop the sale of his car.

 

 

As long as Excel receive a letter disputing the removal of the car within 7 days then the vehicle cannot be sold until the correct procedure has been undertaken and a response to the disputed removal of the car received from the creditor (HM Courts Service).

[dx100uk]

who is the bailiffs please

 

 

dx

[Bailiff Advice]

who is the bailiffs please

 

dx

 

Its Excel Enforcement in Wales and they were enforcing a Magistrates Court fine.

[numbers666]

Question ?

 

Once the OP has successful proven to the court and Excel, what would be his/her recourse for expenses - loss of car use / taxis / stress etc.

 

A simple owners check on the car reg would have prevented this.

 

I would suggest that it is reported to the police, just to record the matter. At the end of the day, a person has taken without owners consent a vehicle. The court order only permits seizure of assets belonging to the debtor (or person named on warrant).

This is not the case. The matter has been brought to the attention of relevant parties to resolve, but fail to do so. The bailiff could easily return to the OP's address to verify all these details, and make amends without further disruption the the innocent party.

 

Can I also suggest you publicize this - if you have done NOTHING wrong then make sure that at the very least this is reported in your local paper, complaints to the council if indeed the bailiff is acting on behalf, courts and your local MP. If the police ignore or fail to act

then also to CC.

 

These actions that penalize innocent parties by bailiffs were meant to have ceased or at least brought under control by legislation but clearly there has been no change.

 

Please do make waves.

 

N

[E Munch]

Despite a widely held belief there is no universal, simple ownership check for motor vehicles.

Even the LGO used to be mistaken about this as have been more than one judge.

 

The only two possible checks are

a)With the likes of Experian or HPI to see if a car is on finance which would give information about the finance company

and from them it might be possible to ascertain the debtor is no the owner

 

b) in certain circumstances and after jumping through many hoops it may be possible to contact DVLA and obtain details of the registered keeper.

 

 

This can be done on a paper form for Council Tax and NDR debts only if the vehicle has been TCoGd

and the result is not available for up to 3 weeks.

 

 

For PCN warrants it can be done on line but again the rules are strict and should only be for TCoGd vehicles.

 

 

Even if you can obtain the registered keeper in a reasonable time this is not the same as the owner.

 

 

A car on hire purchase is owned by the HP company until the final payment is made

but it will usually be registered to the person who at that time is just the hirer as they are keeping it.