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Daughter's ex registered cars at out address - now Newlyns letter about a council PCN - help!


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Hi

 

My daughter's ex registered a car at our address - we didn't know he did it at the time and he didn't have our permission. I remember him chasing her for a log book but don't know if he ever got it.

 

He has since had a penalty notice from a borough council which has been referred to Newlyn bailiffs. The bailiff posted a letter through my door just now saying he will be back in 24 hours to take an inventory and I have to prove that none of the goods belong to this lowlife.

 

I rang the bailiff (big mistake probably) and explained the situation but he doesn't want to know. I told him that my daughter has two kids with this man but doesn't have that much contact with him and isn't sure where he lives. She just knows his mum's address.

 

The bailiff said it doesn't matter. Ours is the address he has and that is the one he will attend for taking an inventory. He said he will give me 7 days to get the lowlife to contact him and arrange payment.

 

Lowlife will not pay because he's a lowlife. He pays nothing. I am at my wits end and don't know what to do.

 

Please, any advice would be welcome. thanks

 

PS there is another penalty we sent back to council (different council). Does "not at this address" mean anything anymore? Is this going to happen again?

 

Update: I've spoken to my daughter and it turns out a similar call was made to his mum's house (must be for a different car?) and she showed them her tenancy agreement and they went away. This bailiff said he wanted proof that he didn't live here but also said I had to prove my/my daughter's goods are not his. How can I do that? I don't want the bailiff in my house at all. I feel violated enough already.

 

Lowlife seems to think we can all just make this go away for him!!!

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If i were in this situation, i think i would contact the council concerned to advise them of the situation. They have contracted Newlyn and are responsible for Newlyns actions.

 

You could get a statutory declaration done stating that all goods held at x address belong to x list of people and nothing is held belonging to anyone else. It is whether the council and Newlyn would accept this. A local Solicitors can draft this at a small cost. Or the council might just accept other documents you have to confirm who is living at the address. It is not acceptable for Newlyn to threaten you in the way you mention and they should be more helpful. A complaint to the council might assist you.

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Before getting to the late stage of a letter from Newlyn, you should have received three notices from the relevant local authority. The notices would have been the Notice to Owner, the Charge Certificate and the Order for Recovery. Did you receive any of these notices and if so, did you return them back to the council?

 

Most importantly, Newlyn's may only seize goods belonging to the person named on the warrant (which will be your daughters ex partner).

 

With regards to the bailiff taking an 'inventory'. This would only apply if you allowed the bailiff to have entry into your home (which is not to be recommended !!).

 

This debt is not for a court fine and accordingly, there is no right to force entry. This debt is merely for an unpaid penalty charge notice.

 

What your daughter does need to do is to get in touch with he ex partners mother and get the vehicle her ex to register this vehicle elsewhere.

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Hi Thanks both for your responses. We did not call the council but returned the letters saying he doesn't live here. Which is true. I don't know which stage letters were received because they weren't opened, just returned.

 

I don't see how the ex's mother can help as she's as much a victim as us because of his actions, although I think he does stay mainly at her house. She can't determine where he registers vehicles to.

 

Statutory declaration? I think we already need to do one of these for an unpaid congestion charge he's inflicted on my daughter when he used her car a while back. The guy is a liability to everybody he has contact with!!!

 

So, don't let the bailiff in. That's ok I won't. Should anybody call him again - to say what?? Apart from statutory declaration and getting a copy of our tenancy agreement, I don't see what else I can do? Should I phone the council and if so what should i say? The bailiff didn't leave a ref number for council just a Newlyn ref.

 

thanks

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It may assist you to write to Newlyns to state that the person does not live at your address and that you had returned post to the council on this basis.

 

It may be a good idea to include a copy of the tenancy agreement and state that no goods in the property belong to this person and that you will not be allowing an agent to have entry into the property.

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It may assist you to write to Newlyns to state that the person does not live at your address and that you had returned post to the council on this basis.

 

It may be a good idea to include a copy of the tenancy agreement and state that no goods in the property belong to this person and that you will not be allowing an agent to have entry into the property.

 

Given that it might take days for Newlyn to look at letters received, this might mean that they get a visit, which is never good for blood pressure.

 

If they also contact the council concerned, might this avoid them getting any visit at all ?

We could do with some help from you.

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thread retitled

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Given that it might take days for Newlyn to look at letters received, this might mean that they get a visit, which is never good for blood pressure.

 

If they also contact the council concerned, might this avoid them getting any visit at all ?

 

I should have mentioned email as opposed to letter.

 

the difficulty with contacting the council is that the OP doesn't have the letters anymore or the reference numbers.

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I rang the bailiff (big mistake probably) and explained the situation but he doesn't want to know. I told him that my daughter has two kids with this man but doesn't have that much contact with him and isn't sure where he lives. She just knows his mum's address.

 

I appreciate that you may frown about this suggestion but, the CORRECT course of action (and the fairest) should be for the ex partner to contact the Traffic Enforcement Centre to file an Out of Time witness statement on the basis that he was unaware of this penalty charge notice. After all, he had not received any of the statutory notices as they were delivered to your home and most importantly....you returned the notices back to the council unopened.

 

If the local authority have done their job properly, these returned notices should be recorded on the case notes and this should assist with the Out of Time witness statement being accepted.

 

It would need your daughter to make contact with the ex partner to bring this remedy to his attention.

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Hi. Re the Out of Time Notices, that sounds reasonable. Do I need to call the council and suggest this as a way forward for them to stop the bailiffs? Otherwise it might take him days to do this by which time that bailiff would have returned to my home. The bailiff isn't a nice one - he's arrogant and talks down to me. Said I was liable unless I proved otherwise and that he's coming back. I think he said that he was going to take inventory tomorrow (but I'm not letting him in) and he will give me max 7 days to get the offending person to contact him to arrange payment or else he's coming back for my goods.

 

Odd thing is, the only items of value here are two laptops which I can prove belong to me. There is nothing else other than my daughter's jewellery which is clearly not mens stuff. The rest is furniture and bedding. And kids stuff.

Edited by EveOwes
typo
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On top of everything you have been told. You do not have to speak to a Bailiff or even answer the door to him/her. You have informed him that the person concerned does not live at this address and if you have followed the advice given by sending in proof of some description then in my view he is skating on thin ice by keep calling. He runs the risk of you making a complaint to him to his employers, the Council concerned - after all they are the ones who instructed Newlyns, and lastly a complaint to the Court where his Certificate was granted.

 

The fact the person now lives elsewhere is his problem. Granted it is a story they hear day in & day out but in cases where it is clear they are being told the truth they should then act accordingly - apologise & leave.

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An Out of Time witness statement will have nothing at all to do with the local authority. Your daughter's ex partner needs to set this in motion himself. YES....he has to act responsibly and sort his own problems out!

 

It is also nothing to do with the bailiff. His role is to enforce the warrant and unless he receives instructions from the council..he must continue with enforcement. If an Out of Time witness statement is submitted by the ex partner, the council will receive instructions from the Traffic Enforcement Centre advising them to give notice to Newlyn to CEASE enforcement of the warrant whilst the application is sbeing considered (normally for approx 6-8 weeks).

 

With regards to items in your property and whether they are of value, with the greatest of respect, this should only be relevant if your are considering allowing the bailiff to have entry into your property.

 

This debt is not yours...it is not your daughters and the person responsible for paying....does not live at the property. Entry into your property should be refused.

 

PS: From reading back on your thread, it would seem that your daughter may have another problem with a Transport for London Congestion Charge....but this time, it would appear that the ex partner was driving her car. Therefore, the penalty charge notice will be in your daughter's name. This could be a real problem. Do you know what notices she has received from TfL?

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But you do not have to let the bailiff in, but make sure any vehicle belonging to you is parked well away, oe you might find yourself having to make a Section 85 claim for your car back before the bailiff sells it.

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

 

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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Not sure if anyone's covered this but you need to contact the DVLA and advise them in writing that a vehicle has been illegally registered at your address, they need to remove it and should write to you to confirm.

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