Newlyn removed car for CTAX debt - but notice of enforcement is over 12 months old?

[Guest Pink Tiger]

Does that matter? Why hide advice that benefits others?

[Peterbard]

This is an advice thread for the OP.

 

Perhaps you should raise the issue in discussion.

[Guest Pink Tiger]

Yes and the advice given is to fill in a p85 claim but no-one has actually given any practical advice. For example is there a form to fill in or is it just a letter from scratch? Should you quote specific legislation? Are there some generic details that are needed? Who do you send it to?

[Bailiff Advice]

Yes and the advice given is to fill in a p85 claim but no-one has actually given any practical advice. For example is there a form to fill in or is it just a letter from scratch? Should you quote specific legislation? Are there some generic details that are needed? Who do you send it to?

 

If you read my detailed post again, you should understand that each case is completely different. If you could please start a new thread outlining your own circumstances, then, like all others posters on here, you will receive full support and guidance.

 

It may assist you to read the following:

 

I was the person who put so much pressure on the government to introduce 'Part 85' claims into the CPR regulations almost three years ago.

 

My thread on this subject (from February 2014) is below.

 

http://www.consumeractiongroup.co.uk...s-on-6th-April

 

PS: To be more accurate, the CPR 85 regulations outline to procedure that must be followed, my input was to suggest Parts 84.4, Part 85.6 and Part 85.8. These specific sections provide for claims to be sumbitted without the need to court action. In my submissions, I provided the Rule Committee with approx 8-10 templates.

 

As I have explained earlier in this thread, I have significant experience with these applications.

[Guest Pink Tiger]

I don't need a new thread. I want to know what this OP needs to put in his p85 claim and what isn't needed, who he sends it to, how long he's got, that sort of stuff. It would help others who find themselves in similar circumstances.

[Bailiff Advice]

As I have said above, anyone requesting assistance with their own applications, will get all the support they need when they post their own query on here. I am confused at to why you would 'want to know what the OP needs to put in his Part 85 Claim'. The poster is getting the support he needs. That is the end of the matter.

 

I will not be around for the rest of the day.

[Guest Pink Tiger]

I see you edited your previous post. That link doesn't work.

 

I don't care about boasts, I just want to know what this poor OP needs to put in his p85 claim, as I'm sure the other names logging in and out at the bottom of the screen do.

 

Bailiff Advice said:

As I have said above, anyone requesting assistance with their own applications, will get all the support they need when they post their own query on here. I am confused at to why you would 'want to know what the OP needs to put in his Part 85 Claim'. The poster is getting the support he needs. That is the end of the matter.

 

I will not be around for the rest of the day.

 

Are they? How? In private? Why won't you allow us to see what advice he's been given?

[Peterbard]

I have to remind you that BA does not have to help at all, she gives her advice free.

 

[edited]

Edited October 15, 2016 by honeybee13
Pejorative sentence removed.

[Guest Pink Tiger]

Excuse me? What purpose does that tone serve? I, and I'm sure others, just want to know what this OP needs to put in his p85 claim. It may benefit others. What is the problem with that?

[Bailiff Advice]

I do apologise, the link on page six works. I must have made an error when reposting on this page. I notice that the thread has been read an impressive 14,000 times !!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?418396-Third-Party-Goods-Interpleaders-and-the-serious-potential-to-damage-the-new-Bailiff-Reforms-on-6th-April

 

As I also said yesterday, I will be staring a new thread in the discussion area. It will touch upon Part 85 Claims and what information a claimant will need to provide to the enforcement company and the repercussions for the claimant if they bypass this procedure and issue an injunction instead.

[Guest Pink Tiger]

That thread is by someone called tomtubby.

[Peterbard]

Excuse me? What purpose does that tone serve? I, and I'm sure others, just want to know what this OP needs to put in his p85 claim. It may benefit others. What is the problem with that?

 

You want this info, start you own thread. Perhaps someone may provide it to you.

 

This thread isn't about what you want, you are off topic on here.

[Guest Pink Tiger]

I'm not off topic. The OP was advised to do a p85 claim, but it was just left there. How does he do a p85 claim? How does anyone?

[Peterbard]

Pink Tiger said:

Excuse me? What purpose does that tone serve? I, and I'm sure others, just want to know what this OP needs to put in his p85 claim. It may benefit others. What is the problem with that?

 

It helps the OP ??

 

Last one then I will ignore you.

 

BA has already stated that these are individual documents because every claim is different and that a template is not recommended.

 

This statement seems perfectly plain, so why do you want advice on how to do a template ?

 

I know you may want advice how to write a letter, and after seeing some of your efforts , you may be right in that.

But that is not the function of this thread.

[Guest Pink Tiger]

I'm not asking for a template. I just think it would be beneficial to others to see how the OP deals with his case. Others will no doubt find themselves in similar positions and will look for advice on the internet. Some people don't like signing up to sites.

 

There must be some generic parts to a p85 claim, such as which legislation should be quoted and how to keep it simple. I really, really don't understand the reluctance.

[Bailiff Advice]

I think that if you look at another site today you may view a template. It is certainly not one that I would suggest at all and if posters visit this forum for assistance, they will get the support they require.

[daverules]

I am curious, is it not a part 85 form is a standard letter submitted outlining the complaint but containing

a standard format, i.e date time and complaint, if so would this not be a template letter recognize by a court ?

 

I for one would like to see how one is set out, whether this is here or in a discussion thread.

 

Regards

[Guest Pink Tiger]

Templates are used everywhere in legal situations. Even bailiffs use them.

[honeybee13]

I have removed some off topic posts.

 

Please can we stick to advising the OP rather than putting the thread in danger of being closed?

 

HB

[Peterbard]

It is a subject for discussion, off the OPs thread, though ?

 

Perhaps the team could start a new thread entitled. Preparing CpR 85 Applications, or something, on discussion,and transfer the off topic posts on here ? Just a suggestion.

[ploddertom]

From what I see submitting Part 85 claims are specific to the person/goods concerned and not to be used willy nilly. Better to use this as a stop gap rather than have to go the full Interpleader route.

[daverules]

I fully understand that submitting the form is specific to the person/ goods concerned but surely there must be a specific

way in what the form should contain, I would like to see the way it should be set out.

 

Regards to all

[Peterbard]

I think the form of the application is not Imporant at least there is nothing about it in CPR.. it will be the content, and as said that will be highly specific

[ploddertom]

There is no one size fits all for this and you should read https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-85-claims-on-controlled-goods-and-executed-goods for an understanding of what is required.

[ploddertom]

A discussion thread on part 85 claims will be a waste of time as there are too many variables as only specifics need tp be addressed as each case is different. There will be few here that have done this and fewer still that have had to go the full Interpleader route.