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    • you need to realise that for every person that does come to CAG and register and tell their story...there are poss 10'000 that don't but search the interweb whereby threads that are here pop up relating to like issues they are searching upon.   Most CAG siteteam and many other registered Caggers give advice that bears this in mind and post information which not only informs the starter of a thread upon what to do, but also takes into consideration the readers from the interweb that also read the relevant advice given that might not be brave enough to register and fess up.   to that end, there is very little alternative than to appear to give 'grief' [you deserve it - tough] to a cagger should certain previous advice not have been followed.....yours is a very classic case of such. hey I've found a backdoor CCJ.   to put it bluntly, had you have followed such previous advice, you most certainly would not be in the situation you are in here now.. .so by example, not giving you grief, for future readers...………..   ...never ever move without informing a debt owner of a move of address on any consumer debt that you last used or paid within the last say 7yrs. your credit file is a major key to ascertaining that information.... .but don't just read this advice come to the consumeractiongroup.co.uk website and let us help.   lecture over... what can you do..or more importantly....what can a claimant do now they have a default forthwith judgement against you. well we can't guess.... they might simply ignore it as 1000's of people with CCJ's find out..but it becomes an issue should you wish to say get a mortgage, remortgage or further credit.   i'm not going to enter into any of that here...that's for the reader to start a thread here and seek advice on their individual situation specific to them as you have done....   so...  bearing the all of the above in mind...over to you with regard to this backdoor CCJ.   as for the other debts that you didn't action before...go read your old thread and action what appropriate advice is given there for each type of debt that has been given should you wish to avoid any further backdoor CCJ's.   dx                    
    • hello my very good helpful friend. I am afraid to say that i did not. As i did not realise the relevance of it.   Should i be doing this right now of anyone on my credit file ?   Plz don't give me grief if u have already advised me...   do i do the ccs request now to everybody in that thread ?    
    • aha busted and stupid ...no wonder you've got mixed information here. never trust anything they say ..they have a very bad reputation for stating the truth.   now can you go get your credit file please..   there are cases whereby a council on historic CTAX debts do go for a county court CCJ, but a liability order from a magistrates court has far more clout legally than a county court CCJ and i've never heard of a court sending a bailiff out for 'multiple' CCJ collection.   me thinks he is pulling the wool here a bit and has looked at your credit file and seen CCJ's too so thought he'd chance his arm and use those as further leverage.   don't worry about the sat visit simply ignore do not answer the door if he appears. your task is too gather data at present.   credit file please..        
    • Hi there, the company name on the bit of paper is:   Bristow & Sutor   Says the total amount £990.49 and this includes £235 enforement stage fees,  The CTAX was owed to North Tyneside Council. The guy also said that it wasn't just for CTAX. Other debts were combined.   I did leave other debts behind too when I moved. Perhaps a utility bill, credit card debts and a Provi doorstep loan.   I think the guy said that he would be back Saturday too. This is what I'm trying to avoid multiple visits. Don't want my mam to get upset.   Thanks for the help.   Bear
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Hi All

 

In brief my son bought a car 3 weeks ago and applied for the log book (he had the green slip).

 

Whilst parked outside our house it got clamped because of a parking fine the previous owner had incurred.

 

Despite my son having the log book back and in his name the bailiff is yet to remove the clamp claiming that the system his end has not been updated.

 

DVLA have advised we call the police but I know they won't be interested.

 

The car is obviously illegally clamped but where would we stand if we removed it?

 

Thanks in advance

Edited by dx100uk
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Hi,

Others will be along to advise but do not remove the clamp yourself as it will be classed as Criminal Damage and if you dispose of the clamp it will also be theft.

Have you got a purchase receipt?

How did the bailiff find the vehicle at the new address? Was this through an ANPR hit where they drive around streets looking for vehicles in their database?

As long as you can show that your son used his own funds to purchase the vehicle (bank withdrawal/debit card receipt if garage etc.) as mainly the log book shows the keeper not the owner so you need to establish proof of ownership.

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Hi

 

The bailiff found it through the ANPR - he is a sad example he just drives around hoping for a hit. My son has spoken to him today and he says although he can unclamp it there is another outstanding matter regarding another ticket that my son sold and DVLA confirmed.

 

I am at my wits end with this Bailiff we have invited him round to take the car as to be honest I am past caring but he has declined saying it will remain clamped. Who gives these people such powers to bully people like this?

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If the bailiff is refusing to take the car it means it is not a lot of value and therefore the bailiff is hoping it is more of an inconvenience to you so he will get his payment and move on as otherwise he would be exerting maximum pressure for your son to pay or a low loader will be round and your sons car would be gone and stored and unless payment received it would be auctioned.

You need proof of this latest ticket that the bailiff is talking about, did your son have a ticket which he forgot to pay?

Stigman


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If a DCA rings you, refuse to go through the security questions & hang up!

 

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No my son didn't get a ticket.

This was for a car he sold over two years ago.

 

He had the acknowledgement from DVLA that he sold it but has misplaced it (typical but it was a long time ago).

I have told him to ring DVLA to get duplicate confirmation.

 

No the car isn't worth a lot and to be honest I feel like saying to the bailiff just take it as you will never get your money.

 

What a horrible piece of work he is, wouldn't unclamp it until it was in my son's name and then BOOM won't unclamp it because of a 'warrant' in my son's name.

 

Makes you want to be dishonest. Totally fed up.

Edited by dx100uk
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Thread moved to the appropriate forum...please continue to post here to your thread.

 

 

 

Regards

 

Andy


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Can you please advise which forum that is please Andy? Many thanks

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The one you have just posted in...... Bailiffs - Help with Dealing with Bailiffs and Enforcement Agents including HCEO Forum :-D


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Does your son have a receipt for the vehicle?

How did he pay?

Did he both tax & insure the vehicle at the time he purchased it?

Has he shown the Bailiff any of these?

What Enforcement Co does the Bailiff work for?


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Bailiff works for Marstons.

My son has a receipt for the vehicle, he paid in cash and the bailiff has all the details for this but still maintains he cannot unclamp the car.

 

Yes he did and the money comes out of my bank for both. I

 

will be sending him an invoice for loss of vehicle once it is finally unclamped.

 

I am really unhappy.

Edited by dx100uk
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The Bailiff may only Take Control of Goods that belong to the debtor - which is not your son

If he has had sight of proof that the vehicle is his and not the Debtor then he should have unclamped the vehicle.

 

What it shows on DVLA has nothing to do with this as all they show are people who are the Registered Keepers.

 

I would be contacting him to point out:

1 - proof has been provided who owns the vehicle now

2 - here are copies of applications for Road Fund Licence & Insurance in new owners name

3 - give him 2 hours maximum to unclamp vehicle

 

If he is still unwilling then you need to know which Court granted his Certificate as you will be considering filing an EAC2 complaint for his incompetence in not understanding the Taking Control of Goods Regulations 2013.

 

Probably pointless contacting Marstons as they will only say speak to the Bailiff but you could warn them of action you may take as above.

 

Where exactly has the car been clamped?


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Outside my house.

 

The thing is now he says he has a warrant for a car that my son sold 2 years ago and this is why he now won't unclamp it.

 

My son had proof (and will obtain it again) to say that the vehicle was sold and he is not liable for the charge either.

 

This bailiff is playing games and I am running out of patience.

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Is that outside your house as on the street or your drive?

 

If it is the drive does your son live at home with you?


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No my son didn't get a ticket. This was for a car he sold over two years ago.

 

He had the acknowledgement from DVLA that he sold it but has misplaced it (typical but it was a long time ago).

I have told him to ring DVLA to get duplicate confirmation.

 

There are number of potential problems here. Goods become 'bound' under the terms of the warrant from the date of the Notice of Enforcement. What this means is that (depending upon the date of the warrant/NoE), the previous owner would have been prohibited from selling or disposing of his vehicle to your son.

 

Secondly, there appears to be a warrant against your son in relation to a previous road traffic penalty involving your son's previous vehicle (which has been sold). In that respect, the enforcement agent appears to have taken control of his new vehicle (which he can do).

 

Did your son receive the penalty charge notice in relation to his previous vehicle?

If so, did he appeal the penalty?

What was the outcome?

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My son had proof (and will obtain it again) to say that the vehicle was sold and he is not liable for the charge either.

 

Depending on the answer to my previous post, your son may well be able to submit an Out of Time witness statement to the Traffic Enforcement Centre. All bailiff enforcement will then be placed 'on hold' for a period of approx 4-6 weeks.

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Hi

 

My son didn't receive the original ticket but he did send off the log book immediately and got a letter from DVLA acknowledging the change of ownership.

 

As an aside

I have just spoken to the Bailiff who has refused point blank to remove the clamp because DVLA haven't updated their records for the Peugeot he says the last time his office had a change was the 6th June.

 

This is complete rubbish - I am at a loss at what to do.

 

My son has a mental impairment - of which the Bailiff is aware but this doesn't seem to alter his manner or his actions.

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Hi

 

My son didn't receive the original ticket but he did send off the log book immediately and got a letter from DVLA acknowledging the change of ownership.

 

If your son failed to receive any of the notices from the council, this would indicate that the vehicle (the one that your son has sold), was not registered with DVLA to your son's address. I don't suppose that he has a copy of the V5C?

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He may just have the green slip - he will have to locate it. He bought it from a family member (3 weeks before) so things may have got muddled up at DVLA.

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I have contacted the Bailiff and asked for the details for this ticket (he hasn't told us anything) and for him to place it on the car so that we have proof. He hasn't responded yet.

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I have contacted the Bailiff and asked for the details for this ticket (he hasn't told us anything) and for him to place it on the car so that we have proof. He hasn't responded yet.

 

 

The bailiff does not have to provide details of the ticket, you should contact the Traffic Enforcement Centre for that. If the PCN was issued before the date which the car's change of ownership was registered with the DVLA, you might have a problem proving that your son is not liable.

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He may just have the green slip - he will have to locate it. He bought it from a family member (3 weeks before) so things may have got muddled up at DVLA.

That's a big red flag there. A family member got a parking ticket and the next thing the car is registered to another family member. Very much sounds like an in house transfer to defeat distress.

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I have tried for two days now to get the details of the ticket so I can file an 'Out of time' application. The bailiff is not responding - he told me Wednesday evening that he was dealing with another case but would send details. He hasn't.

 

The car is still clamped and I am at a loss as to what to do.

 

Sorry what is the 'big red flag' here?

 

My son bought this car from his aunt before getting a quote for insurance.

 

Once he had paid her he found the insurance too expensive and put it up for sale.

The man who bought it from him got the ticket - we live in Kent this ticket was incurred AFTER the sale and in Central London where my son has no business in going.

 

I can assure you that this is NOT an 'in house' transfer.

Thanks for your support though it is much appreciated.

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I have tried for two days now to get the details of the ticket so I can file an 'Out of time' application. The bailiff is not responding - he told me Wednesday evening that he was dealing with another case but would send details. He hasn't.

 

The car is still clamped and I am at a loss as to what to do.

 

All the details should be on the paperwork left by the bailiff for your son. If not, get your son to ring the office and ask for them.

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Sad to say there is no paperwork for this one. I have chased him all week all we have is the vehicle registration - so at the moment the vehicle is clamped at the bailiffs say so. He has provided no proof of any fine or court action.

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