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    • I've just seen your new post. A letter before action is the same as a letter of claim. You don't need a template. You simply need to inform the garage that the vehicle you bought has developed X defect, Y defect, Z defect. He has already been informed of them and given an opportunity to repair and he has either refused the chance to repair or else he has attempted the repair and it has failed – whichever is the case and so under the consumer rights act you are asserting your right to reject the vehicle and you want him to make the appropriate arrangements to collect the vehicle and to refund you the purchase price – plus any associated losses – and if he does not do so within 14 days then you will sue him in the County Court and without any further notice. Don't make this threat if you're not serious about going ahead with it. On day 15 issue the papers. In the intervening 14 days register with money claim and start preparing your particulars of claim. You can post them here if you want us to check them. Whatever you do, on day 15 you send them the good news
    • Well done Shelley. I'll amend your thread title.   HB
    • I'm afraid that your story is rather overlong. It would have been easier to understand it all if there had been less of a narrative and more of a bullet pointed chronology of facts. Although you informed the dealer within 30 days that there was a problem, the Consumer Rights Act requires that there be a clear and unambiguous assertion of your short-term right to reject the vehicle. It doesn't appear to me that you have done this. This isn't a problem at all because you are still well within six months. I understand that you have given them an opportunity to repair and that you have now rejected the vehicle. This is enough to trigger your rights under the Consumer Rights Act as long as the defects which you are complaining about are sufficient to render the vehicle as less than satisfactory quality. As I say, I haven't read through the detail of your story and I certainly haven't looked at all of the PDFs that you have apparently uploaded but I get the impression that you have been quite meticulous in keeping records. I've looked at the Google reviews of Elite and I have to say it doesn't bode very well. https://www.google.com/search?q=Elite+Preowned+Vehicles&rlz=1C1CHBF_en-GBGB822GB822&oq=Elite+Preowned+Vehicles&aqs=chrome..69i57j0l2j69i60j69i61l2.575j0j7&sourceid=chrome&ie=UTF-8#lrd=0x47d8aa4f43f644d7:0x8e93221101489523,1,,,  There is no trust pilot page for them as yet. Maybe you would like to attend to that. You say that the dealer is fond of using social media so that kind of thing is important. Site team member@dx100uk has already suggested that you issue a letter of claim and that certainly seems the way to go although if you are driven to actually mount a claim and presented in court that I hope you won't mind me suggesting that you need to stop being a little bit more economical about the way you present your case. Just in case there is any debate over the defects which have been discovered and their significance then if you haven't done this already, you should make sure that you have got assessments and even quotations for the work from independent garages.
    • Hello dx100uk. Thanks for your attention and help with this. You had an even later night than me! I clicked on the 'letter before action' link which you kindly gave me. This took me to BankFodder's post 'Small Claims actions in the County Court FAQ - work in progress' which I have read through and also the 'Pre-Action Protocol' and 'Letter of Claim' links. I couldn't find reference to a Letter Before Action or is this the same as a Letter Of Claim? Also, my rejection letter already mentioned a 14 day period (taking us to 05/08/2019) for him to get back to me. Is it ok to send a Letter Before Action now? I only ask as I wouldn't want this to be viewed dimly by the court if it goes that far. I do understand that I need to take action as soon as possible so these are just a few clarification questions. I shall google for some Letter Before Action Templates and put something together. Thanks again.
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Hello

 

I had a dartford crossing penalty charge that I never paid as was in & out of my property due to domestic violence issues.

 

Equita now have the debt.

 

On the 7/2/2017 they gave me an enforcement notice after only having my debt since 27/1/2017,

 

the notice stated I had until 17:30pm on the 7/2/2017 to talk to them before a bailiff was sent to my house.

 

I was not at my property to recieve this letter to meet their deadline so it went unnoticed.

 

I called equita as soon as I returned home to explain my situation & they just said it's in the hands of their enforcement officer now so deal with him.

What a monster this man is!!

 

He has told me I am to pay him £50 a week or the full debt,

I'm on ESA & currently awaiting a decision on my pip award,

I told him I don't even have £50 a month but could do £20 a month at a push.

He refused & said he will return to my property with the police to take my goods this was on the 18/2/2017

 

On the 20/2/2017 he came to my property but I was not home.

 

He then sent me this text:

 

Due to your failure to pay a Bailiff, under the instructions of Her Majesty's Court and Tribunal Service has attended your premises with the intention of taking control of goods and removing your goods.

 

The Magistrates Distress Warrant empowers the high court enforcement agent , by virtue of Schedule 4A of the Domestic Violence, Crime and Victims Act 2004, to enter your premises by force should you wilfully refuse to pay the outstanding fine and costs.

 

To prevent the removal of your goods and the expensive additional removal costs you must make immediate payment. Failure to do so will result in the re-attendance of your premises with Locksmiths and the Police to remove your goods even in your absence.

 

NO FURTHER NOTICE WILL BE ISSUED.

 

Is he just being a bully or can he really get a locksmith to drill out my locks while I'm out over a dart charge penalty?

 

I thought it was only council tax, HM revenue tax debt or criminal fines they could do this.

 

I have a debt relief order coming into place in about 10weeks which this debt is included in but until this locks in I'm stuck with it.

 

What am I supposed to do about this bully?

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On the 20/2/2017 he came to my property but I was not home. He then sent me this text:

 

 

Due to your failure to pay a Bailiff, under the instructions of Her Majesty's Court and Tribunal Service has attended your premises with the intention of taking control of goods and removing your goods.

 

The Magistrates Distress Warrant empowers the high court enforcement agent , by virtue of Schedule 4A of the Domestic Violence, Crime and Victims Act 2004, to enter your premises by force should you wilfully refuse to pay the outstanding fine and costs.

 

To prevent the removal of your goods and the expensive additional removal costs you must make immediate payment. Failure to do so will result in the re-attendance of your premises with Locksmiths and the Police to remove your goods even in your absence.

 

NO FURTHER NOTICE WILL BE ISSUED.

 

Is he just being a bully or can he really get a locksmith to drill out my locks while I'm out over a dart charge penalty?

 

I will respond in more detail when your thread is moved into the proper area. In the meantime, please be assured that the bailiff cannot use a locksmith to gain entry. Schedule 4A of the DVCVA 2004 applies to Magistrate Court FINES.......and NOT to Dart Charging !!!

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Thank you

I had assumed that but he seems to be using every scare tactic he can think of.

 

He was extremely aggressive with the way he spoke to me on the phone too,

stating that he will bring the police with him if he has to & they will give him access to my home.

 

I wouldn't mind but I have nothing for him to take as I was burgled in July 2016 so the only thing I have left is a 10yr old LG tv that the sound flicks on & off on.

 

I'm pretty much bankrupt hence the application of the debt relief order but he didn't seem to be listening to me one bit.

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Hello

 

I had a dartford crossing penalty charge that I never paid as was in & out of my property due to domestic violence issues.

 

I was not at my property to recieve this letter to meet their deadline so it went unnoticed. I called equita as soon as I returned home to explain my situation & they just said it's in the hands of their enforcement officer now so deal with him. What a monster this man is!!

 

Were you living elsewhere when the notices were sent to you?

 

Do you still have a vehicle?

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I was staying at friends due to domestic violence issues,

 

I still own the car but it's with the metropolitan police safeguarding team as it was involved in an incident with my ex partner. They have had it since May 2016 & refuse to return it.

 

It's my own fault for not dealing with the dart charges straight away but obviously being a single disabled parent facing the above issues it was the last thing on my mind at the time.

 

While waiting for a reply I searched the DVLA records for details on my car & it is showing that no details are held on this car anymore.

 

 

Could that mean that it has been crushed now?

 

It was in a state from being crashed but I thought the police would have to notify me of the destruction of my car not that I've enquiried about it in at least 3/4 months.

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I was staying at friends due to domestic violence issues,

 

 

I still own the car but it's with the metropolitan police safeguarding team as it was involved in an incident with my ex partner. They have had it since May 2016 & refuse to return it.

 

It's my own fault for not dealing with the dart charges straight away but obviously being a single disabled parent facing the above issues it was the last thing on my mind at the time.

 

I think that the best solution for you would be to submit an Out of Time witness statement with the Traffic Enforcement Centre. All bailiff enforcement will then be placed on hold for approx 6 weeks. You will need ther penalty charge notice number (which for Dart Charging will start with IA and be followed by 8 numbers) for the forms.

 

I would not suggest that you speak with the bailiff at this present time.

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Thank you so much for your help.

I now have all the relevant paperwork in hand & am happy for pay the charge just not the bailiff.

 

Shall I just ignore him & his threats of a locksmith then?

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Thank you so much for your help.

I now have all the relevant paperwork in hand & am happy for pay the charge just not the bailiff.

 

Shall I just ignore him & his threats of a locksmith then?

Follow the advice given by BA, the out of time will keep the bailiff awway, and if accepted there may be a chance to pay only the original Dart Charge. This bailiff would not be allowed to drill the locks anyway as it is a civil penalty.


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Thank you so much for your help.

I now have all the relevant paperwork in hand & am happy for pay the charge just not the bailiff.

 

Shall I just ignore him & his threats of a locksmith then?

 

If you pay the Dart Charge to Highways England, then your payment should be forwarded to the bailiff company so that they can deduct their Compliance fee of £75. The balance of the payment would be split on what is called a 'pro rata' basis with approx 60% being allocated towards the unpaid Dart Charge and 40% towards the remaining bailiff fee.

 

PS: My above comments are almost identical to a very recent Local Government Ombudsman decision which I intend posting up in the 'discussion' section of the forum later today.

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If you pay the Dart Charge to Highways England, then your payment should be forwarded to the bailiff company so that they can deduct their Compliance fee of £75. The balance of the payment would be split on what is called a 'pro rata' basis with approx 60% being allocated towards the unpaid Dart Charge and 40% towards the remaining bailiff fee.

 

PS: My above comments are almost identical to a very recent Local Government Ombudsman decision which I intend posting up in the 'discussion' section of the forum later today.

 

Is that the original penalty charge of £115.50 as I've tried to pay that but it says I have to go through equita as my debt has been passed on. Equita won't deal with it as they have given it to this bailiff.

I feel like I'm going round in circles :(

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I have printed off & filled out said form & will post tomorrow morning recorded delivery.

 

Thank you again for all your advice

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I have printed off & filled out said form & will post tomorrow morning recorded delivery.

 

Thank you again for all your advice

 

Please......NEVER post an Out of Time witness statement. They need to be submitted to the Traffic Enforcement Centre by email. That way, as long as the application is received at TEC by 4pm, it will be PROCESSED today. That does not mean that bailiff enforcement will be placed on hold today......usually the enforcement company will receive instruction to cease enforcement by the following morning.

 

On your form, have you explained that you had to move out of your property due to domestic violence? It's important that you do mention this.

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Oh sugar thanks for that.

 

I've downloaded the form & filled it in but it won't let me sign it as it keeps saying it security settings are too high, any idea what to do?

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print it

sign it

scan it to an attachment


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